CITY OF CHARLES TOWN

Transcription

1 CITY OF CHARLES TOWN PLANNING COMMISSION AGENDA AUGUST 22, 2016 Regular Meeting Council Chambers 7:00 PM 101 East Washington Street, Charles Town, WV I. CALL TO ORDER II. APPROVAL OF MINUTES 1. Planning Commission - Regular Meeting - Jul 25, :00 PM 2. Planning Commission - Special Meeting - Aug 4, :00 PM III. UNFINISHED BUSINESS : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (E) to Reduce the Minimum Buffer Width from 20 Feet to 14 Feet : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (C) to Reduce the 100-Foot Minimum Tract Width for a Group of Townhomes to 96 Feet : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (L) to Exceed the Average Daily Trip for Private Roads, Parking Lots, or Access Easements of 250 VPD : Recommendation from the HLC - Consideration of Possible Expansion of the Historical Overlay District IV. NEW BUSINESS V. ADJOURNMENT City of Charles Town Page 1 Updated 8/19/2016 3:45 PM

2 CITY OF CHARLES TOWN PLANNING COMMISSION MINUTES JULY 25, Regular Meeting Council Chambers 7:00 PM 101 East Washington Street, Charles Town, WV I. CALL TO ORDER II. III. Attendee Name Title Status Arrived Jonathan Wertman Council Member Ward 3 Present Jeff Wogan Chairman Present Scott Rogers Commissioner Absent Bonnie Kratovil Commissioner Present Ryan Scott Hutcherson Commissioner Present MINUTES APPROVAL 1. Historic Landmarks Commission - Regular Meeting - Jul 11, :00 PM 2. Motion to Approve Minutes of July 11, 2016 RESULT: APPROVED [UNANIMOUS] MOVER: Jonathan Wertman, Council Member Ward 3 SECONDER: Bonnie Kratovil, Commissioner AYES: Wertman, Wogan, Rogers, Kratovil, Hutcherson AGENDA ITEMS : Public Hearing: Major SLD Norborne Glebe, Phase 6 - Final Subdivision Plat The Public Hearing was opened by Chairman Wogan. There were no parties wishing to speak and the Public Hearing was closed. A brief summary was given by City Manager Mills stating request was ready for hearing. Applicant offered to answer any questions. A motion was made to accept the final subdivision plat and was passed unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Bonnie Kratovil, Commissioner SECONDER: Jonathan Wertman, Council Member Ward 3 AYES: Wertman, Wogan, Kratovil, Hutcherson ABSENT: Rogers Minutes Acceptance: Minutes of Jul 25, :00 PM (Approval of Minutes) : Major SLD Norborne Glebe, Phase 6 - Bond City Manager Mills stated that bond worksheet is attached to the agenda package. The recommended bond for the development is $1,272, Staff recommend that Commission make a recommendation to the City Council to approve final bond estimate in the amount of $1, for Norbonne Glebe Phase 6. A motion was made, seconded and passed unanimously. City of Charles Town Page 1 Updated 8/3/2016 3:38 PM Packet Pg. 2

3 Minutes Planning Commission July 25, RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Bonnie Kratovil, Commissioner Ryan Scott Hutcherson, Commissioner Wertman, Wogan, Kratovil, Hutcherson IV : Recommendation from the HLC - Consideration Possible Expansion of the Historical Overlay District A discussion was held on a possible recommendation from the Commission to the Council regarding the possible expansion of the overlay district. It was decided to table this matter until the next meeting on August 4. RESULT: MOVER: SECONDER: AYES: ADJOURNMENT TABLED [UNANIMOUS] Bonnie Kratovil, Commissioner Ryan Scott Hutcherson, Commissioner Wertman, Wogan, Kratovil, Hutcherson A motion was made to adjourn by Member Wertman. The next meeting will be on August 4 at 7:00 p.m. There will be a site visit to the new Dollar General location at 6:00 p.m. Minutes Acceptance: Minutes of Jul 25, :00 PM (Approval of Minutes) City of Charles Town Page 2 Updated 8/3/2016 3:38 PM Packet Pg. 3

4 CITY OF CHARLES TOWN PLANNING COMMISSION MINUTES AUGUST 4, Special Meeting Council Chambers 7:00 PM 101 East Washington Street, Charles Town, WV I. CALL TO ORDER II. III. IV. Attendee Name Title Sta tus Jonathan Wertman Council Member Pre Ward 3 sen t Jeff Wogan Chairman Pre sen t Scott Rogers Commissioner Pre sen t Bonnie Kratovil Commissioner Pre sen t Ryan Scott Hutcherson APPROVAL OF MINUTES Commissioner Pre sen t 1. Planning Commission - Regular Meeting - Jul 25, :00 PM RESULT: TABLED [UNANIMOUS] MOVER: Jonathan Wertman, Council Member Ward 3 SECONDER: Bonnie Kratovil, Commissioner AYES: Wertman, Wogan, Rogers, Kratovil, Hutcherson UNFINISHED BUSINESS NEW BUSINESS Arri ved : Public Hearing: Waiver Request for Dollar General. Applicant is Requesting a Waiver from Section (A) of the Subdivision Ordinance, with Reference to the Codified Ordinances of Charles Town Section Underground Electrical Lines. Public Hearing: Waiver Request for Dollar General. Applicant is Requesting a Waiver from Section (A) of the Subdivision Ordinance, with Reference to the Codified Ordinances of Charles Town Section Underground Electrical Lines. Minutes Acceptance: Minutes of Aug 4, :00 PM (Approval of Minutes) Planner Rivard shared that it is required to have underground utilities from the pole to the building. The City has also enforced this requirement to City of Charles Town Page 1 Updated 8/18/2016 9:50 AM Packet Pg. 4

5 Minutes Planning Commission August 4, improve the appearance of City as well as prevent outages. This requirement is also present in Ranson. Planner Rivard reviewed the nearby service to applicant's property. Staff doesn't support this request as it goes against current requirements. There are public safety issues with overhead lines when inclement weather threatens to bring down power lines. RESULT: MOVER: SECONDER: AYES: Cross Development spoke on behalf of the applicant. As applicant got into the construction process solid rock was found which would make it extremely difficult to install underground lines. Potomac Edison stated that overhead lines would be appropriate at this location, but were unwilling to provide a letter to that effect. Applicant shared that neighboring properties have overhead lines and they are requesting a waiver due to the presence of solid rock that would make installing underground lines extremely difficult. Commissioner Wogan asked if applicant knew about the presence of rock prior to construction. Applicant did nine borings which did not indicate the difficulty of installing utilities through the rock. Potomac Edison thought the overhead lines would be acceptable as Edison was not aware that the property was actually in the City. Applicant indicated that costs to place lines underground would be approximately $50,000. In addition Cross faces a deadline for the store to open. A motion was made to open the public hearing and passed unanimously. The possibility of using conduit to encase the power lines was discussed. Carla Coffee spoke against the waiver. After discussion concluded, the public hearing was closed. A was motion made to decline the Dollar General waiver by Commissioner Scott Rogers and seconded by Commissioner Hutcherson. FAILED [UNANIMOUS] Ryan Scott Hutcherson, Commissioner Scott Rogers, Commissioner Wertman, Wogan, Rogers, Kratovil, Hutcherson : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (E) to Reduce the Minimum Buffer Width from 20 Feet to 14 Feet. Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (E) to Reduce the Minimum Buffer Width from 20 Feet to 14 Feet. Applicant is proposing to have 38 townhomes and one historic single family home. Applicant is proposing to install private street for the townhouses. Applicant requests waiver from the Board of Zoning Appeals who did not make a determination. The Board of Zoning Appeals will announce their decision on at their August 16th meeting. Commissioner Kratovil asked if Commission should wait until the Board of Zoning Appeals approves plan or applicant comes up with an alternative, approved plan. Minutes Acceptance: Minutes of Aug 4, :00 PM (Approval of Minutes) City of Charles Town Page 2 Updated 8/18/2016 9:50 AM Packet Pg. 5

6 Minutes Planning Commission August 4, Ron Mislovsky spoke on behalf of the developer. Applicant would prefer to know what concerns might exist within the Planning Commission. Developer is asking to reduce buffer zone on the north side of the track. Scott asked if number of townhouses was set in stone. Applicant mentioned that if they weren't saving Hunter Hill they would be in compliance with the density requirement. Planner Rivard went through the specifics of the exception and variances as a group. 1. Reduce buffer from 20 to 14 feet between townhomes and single family home. (2) Elimination of buffering adjacent to historic home. (3) Frontage of 100 feet required, applicant has 96 feet and is requesting waiver. (4) Because they are providing a private street they are requesting a waiver for number of trips. If it was a public road this waiver would not be necessary. They are requesting a waiver for 16 more trips than is allowed by ordinance. The three wavier requests were discussed together but will be broken apart to discuss passage of each waiver. Staff feels applicant meets criteria necessary for waivers. A motion was made to open the public hearing and passed unanimously. Nancy Gregory of Liberty Street shared letters from neighbors in opposition to waivers. Jamie Gregory of Liberty Street spoke in opposition to waivers. Dick and Jeanne Petty lives in the historic home and spoke in support of the waivers. Jerry Kraft, a 25 year resident of Liberty Street spoke in opposition to development plans due to the density proposed. Gary Johns of 540 E. Liberty spoke in opposition to the waivers. Matt Ward spoke in favor of the development proposal. This is the third attempt to develop the property and the house has been in jeopardy for the last ten years. Ward feels this proposal will preserve the historic home and trees. Applicant is asking to cluster the townhomes and avoid destroying the historic home and trees. Dean Kern spoke in opposition to the proposed plans due in part to density issues. Minutes Acceptance: Minutes of Aug 4, :00 PM (Approval of Minutes) Randy Hilton spoke in favor of the proposed development plans due to the fact it would save the historic house and trees. Bill Warren was concerned about the lack of notification to surrounding residents. He spoke in opposition to the variances due to the density of the proposed development. Gina Biller spoke in opposition to the variances specifically due to the lack of City of Charles Town Page 3 Updated 8/18/2016 9:50 AM Packet Pg. 6

7 Minutes Planning Commission August 4, buffer between her one story home and the proposed townhomes as well as the fact that the density of the proposed development is too high. After all interested parties spoke the public hearing was closed. John Willingham, the developer, spoke in favor of the variances. The developer went through a long process, including finding a buyer for the historic home in an effort to save Hunter Hill as well as develop the remaining property. Developer wants to save the home but will need variances to do so. Developer could destroy the historic home and build duplexes by right but wants to work with the community. Further discussion ensued. RESULT: TABLED [UNANIMOUS] Next: 8/22/2016 7:00 PM MOVER: Bonnie Kratovil, Commissioner SECONDER: Jonathan Wertman, Council Member Ward 3 AYES: Wertman, Wogan, Rogers, Kratovil, Hutcherson : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (C) to Reduce the 100-Foot Minimum Tract Width for a Group of Townhomes to 96 Feet RESULT: TABLED [UNANIMOUS] Next: 8/22/2016 7:00 PM AYES: Wertman, Wogan, Rogers, Kratovil, Hutcherson : Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (L) to Exceed the Average Daily Trip for Private Roads, Parking Lots, or Access Easements of 250 VPD. RESULT: TABLED [4 TO 1] Next: 8/22/2016 7:00 PM MOVER: Jonathan Wertman, Council Member Ward 3 SECONDER: Ryan Scott Hutcherson, Commissioner AYES: Wertman, Rogers, Kratovil, Hutcherson NAYS: Wogan V. ADJOURNMENT A motion was made to adjourn and passed unanimously. Minutes Acceptance: Minutes of Aug 4, :00 PM (Approval of Minutes) City of Charles Town Page 4 Updated 8/18/2016 9:50 AM Packet Pg. 7

8 3.1 Planning Commission Meeting: 08/22/16 07:00 PM 101 E. Washington Street Department: Planning and Zoning Charles Town, WV Category: Public Hearing Initiator: Seth Rivard SCHEDULED AGENDA ITEM (ID # 1805) Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (E) to Reduce the Minimum Buffer Width from 20 Feet to 14 Feet. UPDATE August 22, 2016 At the August 4th Special Called meeting, the Planning Commission heard public comment on this agenda item. Since the Board of Zoning Appeals had not yet made a decision regarding the special exception use for the property and the three variances requested before the Board, the Planning Commission voted to postpone any decision on the requested waivers. ATTACHMENTS: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (DOCX) Application - Buffer Width (PDF) Sketch Plan (PDF) Updated: 8/19/2016 3:20 PM by Seth Rivard Page 1 Packet Pg. 8

9 3.1.a PUBLIC HEARING Waiver Request LOCATION 619 W Washington Street; District 3; Map 2: Parcels 262, 210 and W Washington Street 1 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (1805 : Public Hearing: Waiver Request for Hunter Hill Packet Pg. 9

10 3.1.a PARCEL INFORMATION District 3; Map 2: Parcels 262, 210 and 240 CURRENT ZONING ADJOINING ZONING North: South: East: West: ADJOINING USES North: South: East: West: REVIEW EVALUATIONS Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial General Commercial (GC) Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial Commercial Commercial Residential Commercial (B) of the Charles Town Subdivision Ordinance states that in order to issue a Waiver, the Planning Commission must find that the applicant can meet all four (4) of the following criteria to grant the Waiver: a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and d. That the waiver, if granted, will result in a project of better quality and/or character. BACKGROUND The property is commonly referred to as the Hunter Hill or Trussell Property. There have been two unsuccessful attempts to rezone the property to a higher use classification. The site is a total of acres and includes the historic Hunter Hill house. The property consists of three (3) fee simple lots. The historic house is on a acre lot, there are two lots on Liberty Street that consist of acres and acres. The applicant, Pennoni Associates Inc., has submitted a special exception for one (1) single family dwelling unit (existing) and thirty-eight (38) townhome units for a total of 39 units on acres before the Board of Zoning Appeals (BZA) for the July 19 th, P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (1805 : Public Hearing: Waiver Request for Hunter Hill Packet Pg. 10

11 3.1.a meeting. The BZA has not ruled on the Special Exception Use. The Board will meet on July 25 th during the day and then make an announcement at their regularly scheduled August 16 th meeting. The existing house is to be divided from the proposed townhouse area and sold to a separate property owner. The zoning and open space calculations are based on the aggregate property area. The applicant is proposing to transfer development from one portion of the property to another in order to save the historic structure, existing trees on the property and maintain the gateway appearance on Washington Street. The townhouse units would be accessed from Liberty Street only and would be located behind the historic house, Hunter Hill. An internal private road is proposed by the applicant. The townhomes will be front loaded units, meaning that there will be a garage on the first level accessed from the primary street. Looking at the agenda, you will see that the applicant has other waivers requested. In addition to the Special Exception Use, the applicant is also requesting variances from the Board of Zoning Appeals on the following items: A variance from section 1323(F)2. of the Zoning Ordinance to allow a density of 10.5 units per acre which is above 10 units per acre permitted in the Zoning Ordinance. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow for townhome development on less than 5 acres. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow townhome lots to be 1,600 square feet, which is less than the 2,000 square feet permitted in both the Zoning Ordinance and Subdivision and Land Development Ordinance. WAIVER REQUESTED The applicant is requesting a waiver from Section (E) to reduce the minimum buffer width from 20 feet to 14 feet by Liberty Street and 20 to 10 along the internal property line by the historic house. ANALYSIS & CONSIDERATION A waiver request may be granted by the Planning Commission only when it shall be determined that all four criteria can be met. [listed above and below]. Applicant s Application The application provided has additional information regarding the proposed use and the Waiver request. The application is attached. 3 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (1805 : Public Hearing: Waiver Request for Hunter Hill Packet Pg. 11

12 3.1.a Staff s comments on the four questions are listed below: a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; The requested waiver is neutral in regards to the reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature. b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; The waiver will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents. Regarding the residents along Liberty Street, the applicant is only proposing to reduce the width of the buffer and not eliminating the buffering standards. The applicant will either provide a fence or plant material that is required. While the request is to reduce the width of the buffers, the necessary screening is being met on the site. The screening will assist in the transition from single family uses to townhomes Concerning the historic Hunter Hill House, the applicant is proposing to reduce the buffer width from 20 feet to 10 and eliminate the buffer standards altogether, meaning no screening. The historic house is part of the development and as such, the need for buffering of space and plant material is not as necessary. If the house were not part of the development arrangement, that situation would be different. The tradeoff in this situation, is that the historic house will be preserved, in addition to a number of the larger existing trees. c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and The intent and purpose of the Subdivision Ordinance is to have an area where screening can be placed. A reduction from 20 feet to 14 feet will still allow that to happen. d. That the waiver, if granted, will result in a project of better quality and/or character. The waiver will neither improve or decrease the quality or character of the project. The intent of the Ordinance is to have screening between uses. The applicant is proposing to have screening on the property and as such the intent is met. The buffer requirements as written has value in that it provides greater separation of uses and area for the plant material to grow and thrive. The width proposed does allow enough space for the plant material to grow and remain healthy. 4 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (1805 : Public Hearing: Waiver Request for Hunter Hill Packet Pg. 12

13 3.1.a As noted above the historic house is part of the development and to buffer within a development isn t always needed or desirable. CONCLUSION As noted above in the Staff Report, the Board of Zoning Appeals has not made a determination on the requested Special Exception Use for the 38 townhomes and the 1 single family. In discussion with the applicant, the applicant is requesting that the Planning Commission consider this waiver. The applicant has stated that if the Planning Commission (PC) approves this waiver, they are accepting of the PC providing conditional approval of the request. The conditional approval of the waiver by the Planning Commission would be tied to the Board of Zoning Appeals approving the Special Exception Use as requested and the proposed plan as currently depicted. Staff recommends approval of the waiver for the buffering width, as buffering will still be required. Staff provides the following condition to the requested waiver. The applicant is to provide coniferous buffering, planted in such a way that the species chosen will form a visual buffer when the trees are mature and not less than 6 feet tall at time of planting along the two houses on Liberty Street. 5 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from Buffering (1805 : Public Hearing: Waiver Request for Hunter Hill Packet Pg. 13

14 3.1.b Attachment: Application - Buffer Width (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 14

15 3.1.b Attachment: Application - Buffer Width (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 15

16 3.1.b Attachment: Application - Buffer Width (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 16

17 3.1.b Attachment: Application - Buffer Width (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 17

18 3.1.b Attachment: Application - Buffer Width (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 18

19 3.1.c Attachment: Sketch Plan (1805 : Public Hearing: Waiver Request for Hunter Hill? Reduction in Buffer Width) Packet Pg. 19

20 3.2 Planning Commission Meeting: 08/22/16 07:00 PM 101 E. Washington Street Department: Planning and Zoning Charles Town, WV Category: Public Hearing Initiator: Seth Rivard SCHEDULED AGENDA ITEM (ID # 1806) Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (C) to Reduce the 100-Foot Minimum Tract Width for a Group of Townhomes to 96 Feet UPDATE August 22, 2016 At the August 4th Special Called meeting, the Planning Commission heard public comment on this agenda item. Since the Board of Zoning Appeals had not yet made a decision regarding the special exception use for the property and the three variances requested before the Board, the Planning Commission voted to postpone any decision on the requested waivers. ATTACHMENTS: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (DOCX) Application - minimum tract width (PDF) Sketch Plan (PDF) Updated: 8/19/2016 3:21 PM by Seth Rivard Page 1 Packet Pg. 20

21 3.2.a PUBLIC HEARING Waiver Request LOCATION 619 W Washington Street; District 3; Map 2: Parcels 262, 210 and W Washington Street 1 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (1806 : Public Hearing: Waiver Request for Packet Pg. 21

22 3.2.a PARCEL INFORMATION District 3; Map 2: Parcels 262, 210 and 240 CURRENT ZONING ADJOINING ZONING North: South: East: West: ADJOINING USES North: South: East: West: REVIEW EVALUATIONS Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial General Commercial (GC) Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial Commercial Commercial Residential Commercial (B) of the Charles Town Subdivision Ordinance states that in order to issue a Waiver, the Planning Commission must find that the applicant can meet all four (4) of the following criteria to grant the Waiver: a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and d. That the waiver, if granted, will result in a project of better quality and/or character. BACKGROUND The property is commonly referred to as the Hunter Hill or Trussell Property. There have been two unsuccessful attempts to rezone the property to a higher use classification. The site is a total of acres and includes the historic Hunter Hill house. The property consists of three (3) fee simple lots. The historic house is on a acre lot, there are two lots on Liberty Street that consist of acres and acres. The applicant, Pennoni Associates Inc., has submitted a special exception for one (1) single family dwelling unit (existing) and thirty-eight (38) townhome units for a total of 39 units on acres before the Board of Zoning Appeals (BZA) for the July 19 th, P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (1806 : Public Hearing: Waiver Request for Packet Pg. 22

23 3.2.a meeting. The BZA has not ruled on the Special Exception Use. The Board will meet on July 25 th during the day and then make an announcement at their regularly scheduled August 16 th meeting. The existing house is to be divided from the proposed townhouse area and sold to a separate property owner. The zoning and open space calculations are based on the aggregate property area. The applicant is proposing to transfer development from one portion of the property to another in order to save the historic structure, existing trees on the property and maintain the gateway appearance on Washington Street. The townhouse units would be accessed from Liberty Street only and would be located behind the historic house, Hunter Hill. An internal private road is proposed by the applicant. The townhomes will be front loaded units, meaning that there will be a garage on the first level accessed from the primary street. Looking at the agenda, you will see that the applicant has other waivers requested. In addition to the Special Exception Use, the applicant is also requesting variances from the Board of Zoning Appeals on the following items: A variance from section 1323(F)2. of the Zoning Ordinance to allow a density of 10.5 units per acre which is above 10 units per acre permitted in the Zoning Ordinance. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow for townhome development on less than 5 acres. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow townhome lots to be 1,600 square feet, which is less than the 2,000 square feet permitted in both the Zoning Ordinance and Subdivision and Land Development Ordinance. WAIVER REQUESTED The applicant is requesting a waiver from Section (C) to reduce the 100-foot minimum tract width for a group of townhomes to 96 feet. ANALYSIS & CONSIDERATION A waiver request may be granted by the Planning Commission only when it shall be determined that all four criteria can be met. [listed above and below]. Applicant s Application The application provided has additional information regarding the proposed use and the Waiver request. The application is attached. 3 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (1806 : Public Hearing: Waiver Request for Packet Pg. 23

24 3.2.a Staff s comments on the four questions are listed below: Regarding this waiver, Staff would like to provide some information on this standard. The standard states that a group of townhomes are required to be a 100-foot minimum tract width. Whether there is 1 or any number of townhomes, the standard requires the tract of townhomes to be a minimum of 100 feet. This standard may be well meaning, but how a tract width is determined should be based on more meaningful aspects, such as the minimum width of each townhouse unit, the maximum number of contiguous townhomes in any one group, the amount of open area for each unit, accessibility to the unit from the street, relationship to the block length, or other similar criteria. a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; The requested waiver is neutral in regards to the reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature. b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; The nature of this waiver is that a group of townhomes are required to be on a tract width of a least 100 feet. Whether there is 1 or any number of townhomes, the standard requires the tract of townhomes to be a minimum of 100 feet. Based on the proposed layout, the waiver will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents. c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and The purpose and intent of the Subdivision Ordinance is to have townhomes located on the tract of land in such a way the aggregate development flows together, the maximum number of townhomes in a unit are met and that there is adequate space between the units. The wavier will be in keeping with the purpose and intent of the Subdivision Ordinance. d. That the waiver, if granted, will result in a project of better quality and/or character. The waiver will neither improve or decrease the quality or character of the project. The waiver is for a difference of 4 feet and will not impact the quality, design, safety or intent of the Subdivision Ordinance s goals. 4 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (1806 : Public Hearing: Waiver Request for Packet Pg. 24

25 3.2.a CONCLUSION As noted above in the Staff Report, the Board of Zoning Appeals has not made a determination on the requested Special Exception Use for the 38 townhomes and the 1 single family. In discussion with the applicant, the applicant is requesting that the Planning Commission consider this waiver. The applicant has stated that if the Planning Commission (PC) approves this waiver, they are accepting of the PC providing conditional approval of the request. The conditional approval of the waiver by the Planning Commission would be joined to the Board of Zoning Appeals approving the Special Exception Use as requested and the proposed plan as currently depicted. Staff recommends approval of the requested variance. 5 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from minimum tract width (1806 : Public Hearing: Waiver Request for Packet Pg. 25

26 3.2.b Attachment: Application - minimum tract width (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Packet Pg. 26

27 3.2.b Attachment: Application - minimum tract width (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Packet Pg. 27

28 3.2.b Attachment: Application - minimum tract width (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Packet Pg. 28

29 3.2.b Attachment: Application - minimum tract width (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Packet Pg. 29

30 3.2.b Attachment: Application - minimum tract width (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Packet Pg. 30

31 3.2.c Attachment: Sketch Plan (1806 : Public Hearing: Waiver Request for Hunter Hilll? Minimum Tract Width) Packet Pg. 31

32 3.3 Planning Commission Meeting: 08/22/16 07:00 PM 101 E. Washington Street Department: Planning and Zoning Charles Town, WV Category: Public Hearing Initiator: Seth Rivard SCHEDULED AGENDA ITEM (ID # 1807) Public Hearing: Waiver Request for Hunter Hill. Applicant is Requesting a Waiver from Section (L) to Exceed the Average Daily Trip for Private Roads, Parking Lots, or Access Easements of 250 VPD. UPDATE August 22, 2016 At the August 4th Special Called meeting, the Planning Commission heard public comment on this agenda item. Since the Board of Zoning Appeals had not yet made a decision regarding the special exception use for the property and the three variances requested before the Board, the Planning Commission voted to postpone any decision on the requested waivers. ATTACHMENTS: Pennoni Associates, Hunter Hill, Trussell - Waiver from average daily trip for private roads (DOCX) Application - Average Daily Trips (PDF) Sketch Plan (PDF) Updated: 8/19/2016 3:21 PM by Seth Rivard Page 1 Packet Pg. 32

33 3.3.a PUBLIC HEARING Waiver Request LOCATION 619 W Washington Street; District 3; Map 2: Parcels 262, 210 and W Washington Street 1 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from average daily trip for private roads (1807 : Public Hearing: Waiver Request Packet Pg. 33

34 3.3.a PARCEL INFORMATION District 3; Map 2: Parcels 262, 210 and 240 CURRENT ZONING ADJOINING ZONING North: South: East: West: ADJOINING USES North: South: East: West: REVIEW EVALUATIONS Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial General Commercial (GC) Old Town Residential (OT-R) County Zoning Residential-Light Industrial-Commercial Commercial Commercial Residential Commercial (B) of the Charles Town Subdivision Ordinance states that in order to issue a Waiver, the Planning Commission must find that the applicant can meet all four (4) of the following criteria to grant the Waiver: a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and d. That the waiver, if granted, will result in a project of better quality and/or character. BACKGROUND The property is commonly referred to as the Hunter Hill or Trussell Property. There have been two unsuccessful attempts to rezone the property to a higher use classification. The site is a total of acres and includes the historic Hunter Hill house. The property consists of three (3) fee simple lots. The historic house is on a acre lot, there are two lots on Liberty Street that consist of acres and acres. The applicant, Pennoni Associates Inc., has submitted a special exception for one (1) single family dwelling unit (existing) and thirty-eight (38) townhome units for a total of 39 units on acres before the Board of Zoning Appeals (BZA) for the July 19 th, P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from average daily trip for private roads (1807 : Public Hearing: Waiver Request Packet Pg. 34

35 3.3.a meeting. The BZA has not ruled on the Special Exception Use. The Board will meet on July 25 th during the day and then make an announcement at their regularly scheduled August 16 th meeting. The existing house is to be divided from the proposed townhouse area and sold to a separate property owner. The zoning and open space calculations are based on the aggregate property area. The applicant is proposing to transfer development from one portion of the property to another in order to save the historic structure, existing trees on the property and maintain the gateway appearance on Washington Street. The townhouse units would be accessed from Liberty Street only and would be located behind the historic house, Hunter Hill. An internal private road is proposed by the applicant. The townhomes will be front loaded units, meaning that there will be a garage on the first level accessed from the primary street. Looking at the agenda, you will see that the applicant has other waivers requested. In addition to the Special Exception Use, the applicant is also requesting variances from the Board of Zoning Appeals on the following items: A variance from section 1323(F)2. of the Zoning Ordinance to allow a density of 10.5 units per acre which is above 10 units per acre permitted in the Zoning Ordinance. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow for townhome development on less than 5 acres. A variance from section (B) of the Zoning Ordinance with reference to (B) to allow townhome lots to be 1,600 square feet, which is less than the 2,000 square feet permitted in both the Zoning Ordinance and Subdivision and Land Development Ordinance. WAIVER REQUESTED The applicant is requesting a waiver from Section (L) to exceed the average daily trip for private roads, parking lots, or access Easements of 250 VPD. ANALYSIS & CONSIDERATION A waiver request may be granted by the Planning Commission only when it shall be determined that all four criteria can be met. [listed above and below]. Applicant s Application The application provided has additional information regarding the proposed use and the Waiver request. The application is attached. 3 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from average daily trip for private roads (1807 : Public Hearing: Waiver Request Packet Pg. 35

36 3.3.a Staff s comments on the four questions are listed below: a. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater open space, parkland consistent with the City parks plan, or benefits of a similar nature; The waiver requested is for the average daily trip for private roads, parking lots, or access Easements, not to access public streets. As such, it does not appear that wavier will affect the items listed in a. above. b. The waiver, if granted, will not adversely affect the public health safety or welfare, or the rights of adjacent property owners or residents; The average daily trips for this request is approximately 266 and the ordinance allows for 250 average daily trips. The requested amount of average daily trip is in just a little above the number of vehicle trips per day allowed. It does not appear the waiver will provide a greater impact upon residents than what is allowed per the ordinance. c. That the waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and The intent of the Subdivision Ordinance is to manage the amount of vehicles on a private street. The requested waiver would not be contrary to the intent and purpose of the regulations. d. That the waiver, if granted, will result in a project of better quality and/or character. The waiver will neither improve or result in a project of lesser quality. This appears to be neutral. CONCLUSION As noted above in the Staff Report, the Board of Zoning Appeals has not made a determination on the requested Special Exception Use for the 38 townhomes and the 1 single family. In discussion with the applicant, the applicant is requesting that the Planning Commission consider this waiver. The applicant has stated that if the Planning Commission (PC) approves this waiver, they are accepting of the PC providing conditional approval of the request. The conditional approval of the waiver by the Planning Commission would be tied to the Board of Zoning Appeals approving the Special Exception Use as requested and the proposed plan as currently depicted. The requested waiver is relative to the amount of average daily trips on a private street, not the impact on the public street. If the applicant were constructing a public street, this wavier would not be needed. Since the amount of vehicle trips per day is in keeping with the intent of the Subdivision Ordinance, Staff recommends approval. 4 P a g e Attachment: Pennoni Associates, Hunter Hill, Trussell - Waiver from average daily trip for private roads (1807 : Public Hearing: Waiver Request Packet Pg. 36

37 3.3.b Attachment: Application - Average Daily Trips (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 37

38 3.3.b Attachment: Application - Average Daily Trips (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 38

39 3.3.b Attachment: Application - Average Daily Trips (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 39

40 3.3.b Attachment: Application - Average Daily Trips (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 40

41 3.3.b Attachment: Application - Average Daily Trips (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 41

42 3.3.c Attachment: Sketch Plan (1807 : Public Hearing: Waiver Request for Hunter Hilll? Daily Trips) Packet Pg. 42

43 3.4 Planning Commission Meeting: 08/22/16 07:00 PM 101 E. Washington Street Department: Planning and Zoning Charles Town, WV Category: Presentation Initiator: Seth Rivard SCHEDULED AGENDA ITEM (ID # 1821) Recommendation from the HLC - Consideration of Possible Expansion of the Historical Overlay District Update - August 22, 2016 At the July 25th meeting, the PC voted to postpone this discussion until the August 22 meeting for further information. That information, the Design Review Standards, have been provided to the PC. July 25, 2016 Planning Commission Meeting: The Planning Commission is aware of Charles Town s association with nationally significant historic events. Whether that be George Washington and General Braddock watering their horses in Evitts Run, young G. Washington surveying this area and buying his first tract of land ever in Jefferson County, John Brown, John Wilkes Booth performing in town, to F. Scott Fitzgerald visiting a friend and fellow writer who lived in Town multiple times, and now more recently, Happy Retreat has been listed as a National Treasure. Further, the historic architectural character of the City is what provides Charles Town with its own unique identity that sets it apart from other communities. Protection of those resources is a protection of the identity of Charles Town. With a community that has a strong economic tie to tourism, protection of that physical historical architectural identity is an economic development tool. To put directly, what would Charles Town be without its historic structures? As you are probably aware, the primary goal of the Historic Landmarks Commission (HLC) is to ensure that such resources are protected and by extension Charles Town s identity and tourism economy is maintained. More recently, the HLC has considered an expansion of the Historic Overlay District. The Planning Commission role is noted below in this process. However, some background information is provided to familiarize the Planning Commission with what a historic district is and what a historic overlay district is. Primer on Historic Districts and Historic Overlay Districts It might be helpful to look at the map attached to this Staff Report. You can see that map shows three (3) historic districts, an area enclosed by a yellow line (mostly the downtown area), and a blue lined area, which is a proposed expansion area. The yellow line is where there is the current Historic Overlay District (HOD) and the blue line is the proposed expansion of the Historic Overlay District. Historic District: A historic district is mostly honorary and provides little protection of the resources. What a historic district does: o Homes are listed on the National Register of Historic Places, also known as the National Register for short. o Provides Historic Tax Credits, both Federal and State (certain standards must Updated: 8/19/2016 3:44 PM by Seth Rivard Page 1 Packet Pg. 43

44 3.4 Agenda Item (ID # 1821) Meeting of August 22, 2016 be followed). Property has to be on the National Register to get such tax credits. o In WV, there is a program that provides grants directly to property owners. Few states do this, but a property has to be on the National Register of Historic Places. o Relieves the property owner of having to get their property listed on the National Register by themselves. This is a much larger task that most people are aware of. What is considered historic : o To be considered historic, mainly a structure has to be 50 years or older. o In the Historic District, buildings are listed as either Contributing or Non- Contributing To be contributing, a property must be at least 50 years or older and retain at least some portion of its original historical character. Non-Contributing properties are often less than 50 years old or are greater than 50 years old, but the architectural character has been so badly altered as to have lost its historic value or place in time. Example of a Historic District that is listed on the National Register: o < Historic Overlay District (HOD): The HOD provides meaningful protection of the historic district. As the name implies it is an overlay on the historic district, is an added level of protection. This is where the Historic Landmarks Commission derives its authorization to review changes to a structure and ensure protection of historic resources from inappropriate changes to a historic structure. The Historic Landmarks Commission (HLC) uses the Design Review Standards to ensure that changes to keeping with the character of building where work is being undertaken. What the Zoning Ordinance and Subdivision Ordinance are to the Planning Commission, the Design Review Standards are to the HLC. Is Not Subjective Criteria. This is often a critical statement made of the actions undertaken by the Historic Landmarks Commission. What one has to understand is that historical structures have particular characteristics that defines a certain type of architectural style. Stated otherwise, each structure is a particular model with specific features. For example, to be historically accurate, one would not place the pillar façade of City Hall onto Charles Washington Hall. They are two different styles Updated: 8/19/2016 3:44 PM by Seth Rivard Page 2 Packet Pg. 44

45 3.4 Agenda Item (ID # 1821) Meeting of August 22, 2016 or models of style. The overly district does not override zoning. Zoning for uses, setbacks, height and the like are still in place. All the same tax credits and the particular state grants apply as noted above The City of Charles Town has funded $25, for a Façade Improvement Program in the past budget year and is funding another $25, for the program in this current budget year. Property owners in the HOD can ask for up to $5, from the City, so long as the property owner provides a match for each dollar the City contributes. It s a dollar for dollar match up to $5, The Role of the Planning Commission in the Expansion of the Historic Overlay District: State Code has no role of the Planning Commission in the expansion of the Historic Overlay District. However, the Charles Town Codified Code notes Charles Town Planning Commission and the Charles Town Historic Landmarks Commission both provide a recommendation to the City Council regarding the proposed HOD expansion. The HLC has provided a recommendation to both Council and the Planning Commission that the HOD be expanded per the map that is attached. If you look below, you can see that process for expanding the HOD. Beyond a recommendation from the HLC and PC, the City Council conducts the public hearing and public notice requirements. Without restating what is below, essentially the expansion has to be noticed in the paper, certified mail with signed return receipt required and a Public Hearing before Council. The HLC only reviews the front of structures, and if it is a corner lot, the side. While there are multiple different locations the HOD could be expanded to, it was the HLC s judgement that this area proposed for an overlay is most vulnerable to economic forces that could result the loss of the historic resources. Staff Recommendation: Staff recommends the Planning Commission lend its support to the expansion of the HOD. The HLC and Council had a joint workshop in February of One of the points of discussion that both bodies were interested in was the expansion of the Historic Overlay District. There was a mutual understanding of the need to protect the City s historic resources. A portion of the City s local economy is based on heritage tourism and visitors come to our community because of both its history and historic architecture in which the history is presented. As the City continue to attract new residents to Charles Town to live, being Updated: 8/19/2016 3:44 PM by Seth Rivard Page 3 Packet Pg. 45