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HomeMy WebLinkAboutPC_08-03-94_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 August 3, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Robert M. Sager, Board Liaison. ABSENT: John R. Marker, Vice Chairman /Back Creek District; and Vincent DiBenedetto, Winchester City Liaison. Planning Staff present were: Robert Wayne Miller, Zoning Administrator Director. W. Watkins, Director and Secretary; W. ; and Kris C. Tierney, Deputy Planning CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Mr. Miller said that the First Bank of Strasburg previously submitted a site plan for a sign and automatic teller machine at the corner of Shawnee Drive and Valley Pike. Mr. Miller said that the staff is requesting that they be allowed to administratively approve this plan. Motion was made by Mr. Romine, seconded by Mr. Thomas, and unanimously passed to allow the staff to proceed with administrative review and approval. COMMITTEE REPORTS Comprehensive Plan Subcommittee - 7/11/94 MtQ_ 3844 Mrs. Copenhaver reported that the Comprehensive Plan Subcommittee discussed the draft for the changes in the Comprehensive Plan that pertain to the corridor studies, Routes 7, 50, and 11. She said that two public meetings are scheduled for September 12 at Senseny Road Elementary School and September 19 at Robert E. Aylor Middle School. Both meetings will begin at 7:30 p.m. Development Review & Regulations Subcommittee (DR &RS) - 7/26/94 Mtg. Mr. Thomas reported that the DR &RS discussed landscaping requirements for entranceways into the City based on the Economic Development Committee's Corridor Appearance Task Force recommendations. Mr. Thomas said that the Subcommittee also reviewed the new state farming regulations and how the County's ordinance will have to be amended to meet those state regulations. Sanitation Authority - 7/20/94 Mtg. Mrs. Copenhaver reported that the expansion of the Parkins Mill Sewage Treatment Plant has begun. She also noted that the Stephens City water tower was supposed to have gone on line July 26. Transportation Committee - 8/1194 Mta. Mr. Thomas reported that a presentation was given to the Transportation Committee bike paths and designated bikeways. Mr. Thomas said that the presentation pointed out that the County needs to have a coordinated transportation plan, not only for bike paths, but for pedestrians and motorized vehicles. He said that a pedestrian plan is still needed for the County. Chairman Golladay said that VDOT will have most of the incidental construction items that are on the Six Year Secondary Road improvement Plan in this year's budget for construction. Chairman Golladay requested that Commissioners contact the staff with any additional incidental construction items that need to be added to the plan. SUBDIVISIONS Subdivision Application #004 -94 of Woodside to establish 66 lots for single- family 3845 i, detached housing. This property is identified with PIN 86 -A -20 and is located west and adjacent to Route 641, approximately 0.25 miles south of the intersection of Route 277 and Route 641, behind the Jamesway Shopping Center in the Opequon District. Action - Approved Mr. Miller said that the proposed subdivision conforms with the approved MDP with two exceptions. He said the plan shows Barkwood Drive being "stubbed off" where it joins the Stowe property and utilizing a "Y" turnaround. He said that VDOT will not permit this and the applicant is in the process of revising the plan. Mr. Miller said the other exception is that Driftwood Drive is the only street on the plan that indicates a sidewalk along the street. Mr. Miller said that the zoning ordinance requires sidewalks on both sides of all streets in subdivisions containing lots of 15,000 square feet or less. Mr. Ronald Mislowski, with G. W. Clifford & Associates, was representing this application The Commissioners were in agreement that sidewalks were needed on both sides of all the streets within this subdivision to provide a place for adults and children to walk. Due to the close proximity of a shopping center, they felt this subdivision would have considerable pedestrian traffic. The Commission commented on the fact that VDOT was requiring a 5' width on the sidewalks rather than 4'. The staff noted that this was due to a decreased angle on the entrance ramps and A.D.A. requirements. The Commission discussed access to the Meadows on the west side of Driftwood. Staff noted that a subdivision would be needed to establish and dedicate the road. Mr. Mislowski described the design for the temporary turn- around on Barkwood. Mr. Mislowski said this was a typical temporary turn- around with a 40' radius for emergency vehicles. He said an easement is in place until the road is extended. Mr. Sager stated for the record his concern about the traffic situation on Route 641. Mr. Sager stated his dismay that no relief had yet been provided for vehicles coming northbound to make a left turn into this subdivision. He said that the traffic light is overtaxed, Route 277 is overtaxed and the people in Ridgefield and the Meadows subdivisions have difficulty getting in and out of their subdivisions. Mr. Sager questioned why the roadway could not be expanded just enough to provide a left turn lane northbound so that traffic may pass and not rear -end another vehicle. In summary, the Commissioners were pleased with the overall design of the subdivision, however, they felt that sidewalks were needed on both sides of all streets within the subdivision to handle pedestrian traffic. They also felt that all of VDOTs requirements needed 3846 2 to be met, and in particular, those regarding sidewalk widths and temporary turn - arounds. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Subdivision Application #004 -94 of Woodside for 66 lots for single- family detached housing contingent on sidewalks being added to both sides of all streets and that all staff and review agency comments are adequately addressed prior to final administrative approval and recordation. The vote was as follows: YES (to approve): Stone, Light, Copenhaver, Wilson, Romine, Thomas, DeHaven, Shickle NO: Morris ABSTAIN: Golladay MASTER DEVELOPMENT PLANS Preliminary Master Development Plan #004 -94 of Star Fort to establish 163 single- family detached homes_ This property is identified with PIN 54 -A -1 and is located adjacent and south of Lauck Drive (Rt. 832) and adjacent and east of Route 522 North, in the Gainesboro District. Action - Recommendation of Approval Mr. John H. Foote, Attorney for the developer, and Mr. Charles W. Maddox, Jr., design engineer, were representing the applicants, Mr. George Glaize and Mr. Carlin Smith. Mr. Foote said that the deed that granted the Star Fort property to Middlesex Artillery Fleets Battery, Inc. required that Star Fort be maintained perpetually as open space and as a historic preservation site. Mr. Foote said that the MDP presented is for the residential development that surrounds the Star Fort site. He said that resources to maintain the site currently do not exist and they are proposing a "per lot assessment" to each residential lot for the operation of Star Fort. He said that this will be public money subject to public scrutiny. Mr. Foote said that this will be a funding mechanism for the operation and maintenance of Star Fort, however, the property owners would not be liable for maintenance or accidents occurring on the Star Fort site. Mr. Foote also noted that the applicant will provide public access to the fort and they will provide buffering from the surrounding residential development. Mr. Maddox said that their intent is to protect Star Fort's vista to Winchester and to properly buffer adjacent uses in order to give the visitor to Star Fort a "re- creation" experience. Mr. Maddox showed slides of the Star Fort site and surrounding uses; he indicated 3847 5 the general location of the main entrance onto Route 522; he discussed the stormwater management plan, which consisted of road side ditches, culverts, and surface flow; he explained the circular loop road and the bikeway /pathway which are planned through the residential development; he also addressed the commercial area proposed along Route 522. The Commission was concerned aboutthe applicant's stormwater management plan because of the history of drainage problems in this general area. They were also concerned about whether noise coming from Shockey Brothers, Inc. would impact the site. Mr. Foote stated that they were prepared to put notes on individual property deeds warning people of the existence of surrounding industrial development and of the probability that Shockeys may expand their operations in the future. The Commission discussed areas of the site that needed to be buffered. They felt that the Star Fort site needed to be buffered from surrounding residential development and that the residential development needed buffered from the proposed commercial areas and surrounding industrial uses. Parking and bike trails were also discussed. It was noted that VDOT did not want an access to Lauck Drive (Rt. 832); however, the staff and applicant felt that a second access was necessary, especially for emergency vehicles. Commissioners felt that Lauck Drive would become a much busier street. They felt that if Lauck Drive was "de- emphasized" and a fully functioning main entrance was placed at Rt. 522, that the majority of traffic would choose that route. Mr. Tierney presented the background material and agency review comments. Mr. Tierney said that a letter was submitted by Mr. J. Donald Shockey, Jr. on behalf of Shockey Bros., Inc. staling for the record their intention to expand their facility in the future. Mr. Tierney brought the Commission's attention to the issue of dedicating property, not owned by the applicant, for open space and the precedent it may set. He said that if the owners of the fort were a party to the application, then the acreage could be considered a part of the plan. Chairman Golladay called for public comment and the following persons came forward: Mr. Robert Rhodes, the President of Fleets Virginia Battery Middlesex Artillery, the owners of Star Fort, was present to speak in favor of the proposed master development plan. Mr. Rhodes stated that when the fort property was downzoned by the Board of Supervisors, they approved the fort as open space for future development. He said the deed of gift obtained by Middlesex Artillery for the original three acres stated the land was open space and was accepted as an agreement between Middlesex Artillery and the giftees that this would remain as open space. In 1981, an additional four acres was gifted under the same conditions. Mr. Rhodes felt the proposed development plan was Middlesex Artillery's opportunity to do something positive with Star Fort. He felt the fort would be more meaningful 3848 2 if it was partially reconstructed with a museum in the commercial area, which was their long term goal. Mr. Rhodes said that the Middlesex group has been working with the developer for the last 12 years and they are very much in favor of what the developer is proposing. Mr. Kenneth Y. Stiles, former member of the Planning Commission and former Board of Supervisors Chairman, also gave the Commission some historical background concerning the Star Fort site. Mr. Stiles said that the fort was zoned R6 in the early 1960s for a high- density townhouse /apartment development. He said that about 10 acres of the R6 was down zoned with the Comprehensive down zoning in 1980. He said that the Board accepted that when Mr. Smith donated the property to Mr. Rhodes' group that this would be part of the open space required for any development there. Mr. Stiles felt that with regard to the Rt. 832 access, he understood the problems the neighbors would have, but as a practical matter, he felt the bulk of the traffic would use the Route 522 entrance. He felt that Rt. 832 was in good condition and it was policy for every subdivision to have two access points. Mr. Stiles also stated that Mr. Rhodes has struggled with Star Fort since 1980 with no outside assistance. Mr. Stiles felt this situation would benefit Star Fort and he felt the County should support it. Mr. George Glossner, resident on the west side of Lauck Drive, was concerned about water runoff from the development creating drainage problems on his property. He also requested that the Commission accept VDOT's recommendation not to have an access on Lauck Drive. Mrs. Susan Mallozzi, resident on Lauck Drive, was also opposed to having an access to Lauck Drive. She said that Lauck Drive is now a low traffic street and children play on the street. Mrs. Mallozzi was also concerned about getting cracks in her home if the developer needed to blast to put roads in. Mr. Robert Watkins, Frederick County Planning Director and staff support to the Winchester- Frederick County Battlefield Task Force, saidthat the Task Force is very much in support of the developer's proposal in terms of historic preservation. Mr. Watkins said that all of the historic preservation groups are represented on the Task Force. He said that they have reviewed this MDP and there is no dissent among them. Mr. Watkins said that the members of the Task Force feel this is a positive way to address the issues of Star Fort and is a way to preserve the historic site without using County funds. At this time, a motion was made by Mrs. Copenhaver, seconded by Mr. Wilson, and unanimously passed to make the letter from J. Donald Shockey, Jr., of Shockey Bros, Inc., a part of the official record. The Commission requested some assurance from the applicant that there would not be problems from the residential development with noise that may be generated by the existing surrounding industry; that the applicant work with the staff to provide a road connection 3849 7 to Lauck Drive; that the applicant work with the staff towards a satisfactory resolution of the open space issue; that it be made clear that individual lot owners would not be liable for maintenance or any accidents occurring at the Fort property. Upon motion made by Mr. Shickle and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Preliminary Master Development Plan X1004 -94 of Star Fort to establish 163 single - family detached homes contingent upon the staff and the applicant working out an agreeable road connection to Lauck Drive and upon satisfactory resolution of the open space issue, the provision of required buffers, and compliance with all other staff and review agency comments. Discussion regarding a rezoning request by Frank M. Funk to down zone from RP (Residential Performance) to RA (Rural Areas) to establish lots for placement of mobile homes. This property is located on the west side of Route 647 in the Opequon District. Mr. Tierney said that Mr. Funk is considering applying for the rezoning of two small lots, fronting on the west side of Route 647, from RP to RA. Mr. Tierney said that the purpose for the rezoning would permit Mr. Funk to allow two of his grandchildren to place mobile homes on the lots. Mr. Tierney said that mobile homes are not permitted under the present RP zoning. The Commission felt there were some potential problems with allowing a small piece of RA zoning in the midst of an urban/ residential area. They felt there would be potential conflicts in terms of non - compatibility of uses and were not generally in favor of the request. Mr. Funk was not present. Discussion regarding a proposed rezoning of 16 acres (the Wierman property) from RA (Rural Areas) to RP (Residential Performance) for general development. This property is located west of Mill Race Estates in the Stonewall District. Mr. Ron Mislowski, P.E. with G. W. Clifford & Associates, gave the Commission a preliminary presentation on a proposed rezoning of 17.6 acres, on the north side of Valley Mill Road (Rt. 659), just west of Mill Race Estates, from RA (Rural Area) to RP (Residential Performance). Mr. Mislowski said that there will be some land transfers taking place between the Wierman property and the adjacent Racey property to make up the 17.6 acres. Mr. Mislowski said that they plan to connect to Millrace Drive for access. He said that they are 3850 H proposing 28 lots consisting of 17,000 square feet minimum per lot. The Commissioners were concerned about the impacts to traffic and services in that area. Mr. Watkins stated that this area was in the Urban Development Area of the Comprehensive Plan, however, impacts would have to be mitigated in some way. Mr. Watkins said that the proffer system may be able to address the impacts and he also suggested that a full - scale traffic study be done. Mr. Richard Pifer, one of the partners for this project, said that the large lots, low density they are proposing would minimize the number of trips going through Millrace Estates. He said that they intentionally did not connect to Valley Mill Road because of the high volume traffic and condition of that road. No action was needed by the Commission at this time. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:06 p.m. Respectfully submitted, Robert W. Watkins, Secretary 9 Jam . Golladay, Jr., Chair 3851