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HomeMy WebLinkAboutPC_09-02-98_Meeting_MinutesMEETING MINUTES OF THE ® FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 2, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesbom District; Roger L. Thomas, Opequon District Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison and Jay Cook, Legal Counsel, STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Planner 11; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JULY 1. 1998 & AUGUST 5,1998 Upon motion made by Mr. Marker and seconded by Mr. Romine, the meeting minutes of July 1, 1998 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Wilson, the meeting minutes of August 5, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chainnan DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of September 2, 1998 Page 240 2- COMMITTEE REPORTS • Development Review & Regulations Subcommittee (DRRS) - 08/27/98 Mtg. Mr. Tierney, Planning Director, reported that the DRRS discussed an amendment for an organization entitled, Outreach to Asian Nationals. Mr. Miller, subcommittee member, said that members of the DRRS were basically in opposition to the proposal; however, this request will be presented to the full Commission in October. Transportation Committee - 09/01/98 Mtg. Mr. Thomas, Committee member, reported that the Transportation Committee discussed the Secondary Road Improvement Plan. He said that this item will be presented to the Commission in October. Sanitation Authority (SA) - 08/18/98 Mtg. Mrs. Copenhaver, Planning Commission liaison to the SA, reported the following from the Authority's last meeting: 1) the SA approved a bid for the Rt. 642/Rt. 522 Water Transmission Main, the Apple • Vallev Water and Sewer Transmission Line, and the Hogue Run Interceptor, the lowest bidder was Perry Engineering. 2) Mr. Broy received pcmnission to connect to the City's water line at 3605 Valley Avenue. 3) the SA approved a request from the Livestock Exchange to be tied into Southland Corporation's request to obtain sewer service from the City of Winchester. Winchester City Planning Commission - 08/98 Mtg. Mr. DiBenedetto, Winchester City Liaison, reported that the City Planning Commission is continuing with their review of the Comprehensive Plan. E Frederick County Planning Commission Minutes of September 2, 1998 Page 241 -3- • PUBLIC HEARING Conditional Use Permit (CUP) 005 -98 of Appleland Sports Center, submitted by Ralph S. Gregory, to amend CUP 4006 -96 by adding the following uses: 1) go -cart track (indoor or outdoor); 2) ice- cream/ food convenience concession stand; 3) Par 3 golf course; 4) water slide; and 5) accessory retail associated with the permitted recreation uses. The property is located at 4506 Valley Pike and is identified with P.I.N.s 75 -A -27 and 75 -A -27A in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Michael Ruddy, Plumer 11, stated that there were no significant issues raised by any of the reviewing agencies, except the Health Department. The Health Department has noted that the existing sewage disposal system is operating at peak flow, however, a suitable area was located on the site that would accommodate an additional 730 gallons per day. Mr. Ruddy said that staff is recommending the requirement of B2 parking standards, with the exception of curb and gutter, and an increased parking lot setback from the Route I 1 right -of -way in which vegetative screening could be placed, if development occurred directly adjacent to Route 11. Mr. Ruddy added that no additional entrances should be penuitted onto Route I 1 from this property and staff would also encourage Iuniting the signage to the existing monument sign and prohibiting additional signs along Route 11. Mr. Ruddy concluded by saying that an engineered site plan will be required for the additional development of this facility; and, in addition, the previous conditions approved with CUP 4006 -90 that arc still valid have been incorporated into the eleven conditions recommended for this new CUP. Members of the Commission had questions about the use of a decibel rating to control noise • level at the site. The intent was understood, but Commissioners felt there should be additional wording to identify the designated 75dba as a peak level, without any time period associated with it. Mr. Stephen M. Gyurisin or G. W. Clifford & Associates, Inc., the design engineers for this project, said that the applicant understands all of the recommended conditions, including the 75dba maximum peal: at any time, and will comply xvith those conditions. He stated that the applicant intends to equip the go -carts with mufflers and is also considering enclosing the go -cart track at a later date. He added that the go -cart facility has been located in the center of the property to provide an adequate distance buffer from adjoining properties. Mr. Gyurisin said that their intention is to continue the parking area to the west, away from, and not parallel to, Route 11. Another question raised by the Commission concerned the Health Department's reference to "100 patrons per day." The concern was that the applicant might be underestimating usage of the facility and it might hinder future operation. The Planning Commission's main concern was that the operation be conducted within the B2 (Business General) requirements and setbacks, and that it should adhere to the guidelines developed within the Route 11 South Corridor Plan, Mr. Gyurisin assured the Commission that the applicant was comfortable and able to operate within those requirements and guidelines. Chairman DeHaven called for public comment and an area resident inquired how the 75dba compared with the level of noise from the Winchester Speedway, which he hears although he lives five miles away. Commission members believed the noise from the Winchester Speedway was much greater than 75dba. • Frederick County Planning Commission Minutes of September 2, 1998 Page 242 M Upon motion made by Mr. Marker and seconded by Mr. Routine, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of CUP #005 -98 ofAppleland Sports Center, submitted by Ralph S. Gregory, to amend CUP #006 -96 by adding the following uses: 1) go -cart track (indoor or outdoor); 2) ice - cream/ food convenience concession stand; 3) Par 3 golf course; 4) water slide; and, 5) accessory retail associated with the permitted recreation uses, with the following conditions: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. Lighting must be directed away from Route 11 and the adjoining residential properties. 4. No ABC license will be applied for at this establishment. 5. Hours of operation shall not exceed 11:00 p.m. 6. Noise shall be controlled to prevent excessive levels from impacting the adjoining residential properties (75dba maximum peak at any time at the property line). Additional commercial entrances shall not be permitted onto Route I 1 from this facility. 8. No additional signs advertising the business shall be located along Route 11. 9. Parking lot design standards for the B2 Zoning District, with the exception of curb and gutter, shall be implemented during the future development of this property. 10. An increased setback area containing vegetative screening shall be provided along Route 11. 11. Any expansion of use, or change of use, would require a new CUP. Rezoning Application #011 -98 of RT &T Partnership (Kernstown Business Park) to rezone 17.84 acres from B2 (Business General) to B3 (Industrial Transition). This property is located on Valley Pike (Rt. 11 South), approximately 1/4 mile south of the Route 37 interchange and is identified with P.I.N. 75 -A -2D in the Back Creek Magisterial District. Action - Recommended Approval Deputy Planning Director Evan A. Wyatt said that the County Engineer has stated that the geology associated with the higher topographic elevations of the site may have the potential for the development of sinkholes. He said that the County Engineer has, therefore, recommended that additional geotechnical work be conducted as site plans are prepared for land development in these areas. Mr. Wyatt pointed out that there is a potential for B3 uses to generate a greater amount of truck traffic, than those uses permitted in the B2 • Frederick County Planning Commission Minutes of September 2, 1998 Page 243 -5_ District. He noted that the development of required buffers and screening between the B2 and B3 properties • could adequately mitigate the impacts associated with heavy commercial uses. Mr. Wyatt continued, stating that staff believes the rezoning request is appropriate and would further recommend that a revised master development plan depicting various zoning classifications and the required buffer and screening areas be provided for administrative approval, should the rezoning be approved by the Board of Supervisors. A concern raised by Commission members was whether allowing B3 uses along Route I I was consistent with the Route 1 l Land Use Plan. Mr. Wyatt said that the Route 1 I South Land Use Plan calls for both sides of Route 1 I in that area to be strictly business and office use; however, the text does not specifically state that it would discourage heavier commercial uses that would be permitted in the B3 Zone. He specified that although it would be preferable to have B2 uses along Route 11, B3 uses would not be precluded. He added that in this particular instance, the acreage wider consideration is an area towards the rear of the Kernstown Business Park. Mr. Thomas Baker, a partner of the RT &T Partnership, said that their request for rezoning is strictly from a marketing standpoint. He explained that they have owned this property for a number of years and the rear portion has always been zoned 132; they believed they would be more successful marketing it, if the rear portion was zoned B3. Regarding the potential for sinkholes, it was Mr. Baker's understanding that the County Engineer was referring to an area south of this property. Mr. Baker said that he was not aware of any sinkholes on his property. There were no public comments. The Commission believed the request was consistent with the Comprehensive Policy Plan and • the Route 11 South Land Use Plan and had no other outstanding areas of concern. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #01 1 -98 of RT &T Partnership (Kernslown Business Park) to rezone 17.84 acres from B2 (Business General) to B3 (Industrial Transition) with all staff recommendations. Proposed Modifications of the Eastern Road Plan Map of the Comprehensive Policy Plan to relocate and revise the functional classification of existing and proposed collector roads between Valley Mill Road (Route 659) and Millwood Pike (Route 50). Action - Refer to Transportation Committee Mr. Evan Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request from Mr. Mark Smith of Greemvay Engineering, to modify the County's Eastern Road Plan map during their August 10, 1998 meeting. Mr. Wyatt said that Mr. Smith's proposal modifies the Eastern Road Plan map between Valley Mill Road (Route 659) and Millwood Pike (Route 50 East). He reported that the main area of concern was the practicality of having two major collector road systems in such close proximity to each other. He said that the CPPS believed it would be appropriate to modify the existing major collector road system in this area to create two north -to -south segments; and, they also believed Frederick County Planning Commission Minutes of September 2, 1998 Page 244 -6- that the extension of one of the two major collector roads to Millwood Pike, thus creating a "T" intersection with Sulphur Spring Road, was preferable to the improvements depicted on the current plan. Mr. Mark Smith of Greemway Engineering came forward and presented his proposal to the Commission. A summary of the modifications were as follows: 1. The elimination of one of the two new major collector roads between Senseny Road and Valley Mill Road. 2. An adjustment to Channing Drive which is identified as a major collector road to connect Senseny Road and Valley Mill Road. 3. The reclassification of a portion of the new major collector road that is proposed to be eliminated to establish a minor collector road connection from Apple Ridge and Senseny Heights to Valley Mill Road. 4. The extension of a new major collector road from Senseny Road to Millwood Pike (Route 50) which will create a "T" intersection with Sulphur Spring Road. 5. The reclassification of Greenwood Road between Senseny Road and Sulphur Spring Road from an existing major collector road requiring improvements to a local road without improvements. Chairman DeHaven called for public comments, but no one came forward. Mr. Tierney commented that he did not dispute that the double major collector was excessive, but he was not certain about some of the other modifications, in terns of where the minors are going, and downgrading, particularly the section of Greenwood Road. Mr. Tierney said that one possibility not explored is allowing the Transportation Committee the opportunity to review this. Convnission members supported the modifications, stating that they believed it was a better plan than what is currently in the Comprehensive Plan; however, they did feel it was appropriate for the Transportation Committee to review the proposal and present a recommendation. Upon motion made by Mr. Thomas and seconded by Mr. Routine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby refer the proposed modifications of the Eastern Road Plan to the October 6 meeting of the Transportation Committee and then have the proposal brought back to the Planning Commission with the Transportation Committee's recommendation on October 7. The vote on this item was as follows: YES (TO REFER TO THE TRANSPORTATION COMMITTEE) Slone, Ours, Thomas, Romine, Wilson, DeHaven, Marker, Light, Copenhaver, Morris NO: Miller • Frederick County Planning Commission Minutes of September 2, 1998 Page 245 -7- INTRODUCTION OF NEW PLANNER 11, CHRISTOPHER M. MOHN Mr. Tierney, Planning Director, introduced Mr. Christopher M. Mohn who began employment with the County as a Planner II in the Department of Planning & Development on August 31, 1998. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:15 p.m. by Respectfully submitted, Kris C. Tierney, Sccretaty • �� S Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of September 2, 1998 Page 246