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HomeMy WebLinkAboutPC_01-06-99_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 January 6, 1999. 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; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; W. Wayne Miller, Gainesboro District; George L. Rommel Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District, and Vincent DiBenedetto, Winchester City Liaison i STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddv, Planner II; and Renee' S. Arlotta, 'Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS & MEETING SCHEDULE FOR 1999 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr. for Chairman was made by Mr. Marker and seconded by Mr. Thomas. Motion was made by Mr. Miller, seconded by Mr. Thomas, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does herebv unanimously elect Frederick County Planning Commission Minutes of January 6, 1999 Page 288 -2- Charles S. DeHaven, Jr. as Chairman of the Planning Commission for the year of 1999. Election of John R. Marker, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of John R. Marker for Vice Chairman was made by Mrs. Copenhaver and seconded by Mr. Thomas. Motion was made by Mr. Thomas, seconded by Mr. Ours, and unanimously passed to close nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of the Planning Commission for the year of 1999. Election of Kris C. Tierney, Secretary Chairman DeHaven declared nominations open for Secretary. • 1 The nomination of Kris C. Tierney for Secretary was made by Mr. Marker and seconded by Mr. Thomas. i Motion was made by Mrs. Copenhaver, seconded by Mr. Marker, and unanimously passed to close nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Kris C. Tierney as Secretary of the Planning Commission for 1999. 1999 Meeting Schedule Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. and worksessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both the regular meetings and the worksessions will be held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in 0 Frederick County Planning Commission Minutes of January 6, 1999 Page 289 Winchester, Virginia, APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the Applications Action Summary for the Commission's information. COMMITTEE REPORTS i Development Review & Regulations Subcommittee (DRRS) 12/10/98 Mtg. Mr. Roger Thomas, Subcommittee member, reported that the DRRS discussed a proposed amendment to Chapter 165, Supplemental Use Regulations, for humanitarian aid organizations, which is on the Commission's agenda this evening for public hearing. Comprehensive Plans & Programs Subcommittee (CPPS) 01/11/99 Mtg. Mrs. Copenhaver, subcommittee member, reported that the CPPS will be meeting on January 11, 1999, to further discuss the land use study area. She said that a worksession with the Board of Supervisors, Planning Commission, and subcommittee is scheduled for January 27, 1999 at 6:00 p.m. Sanitation Authoritv (SA) 12/98 Mtg. Mrs. Copenhaver, liaison to the SA, reported that continued discussions were held on the location of the water tank. Frederick County Planning Commission Minutes of January 6, 1999 Page 290 e:s • PUBLIC HEARINGS Rezoning Application #019 -98 of Danford Ridge Properties, L. C., submittedlby G. W. Clifford & Associates, Inc., to rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance). This property is located approximately 1,400' south of the intersection of Front Royal Pike (Rt. 522) and W. Parkins Mill Road (Rt. 644), on the west side of Front Royal Pike, and is identified with P.I.N. 76- A-22 and 76 -A -23 in the Shawnee Magisterial District. (This item was tabled from the 12/02/98 meeting.) Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that at the Commission's December 2, 1998 meeting, the primary concern expressed by the Planning Commission pertained to the applicant's proffered General Development Plan (GDP). Mr. Wyatt said that the GDP provided for the construction of a segment of Parkins Mill Road extended; however, it did not account for the continuation of Warrior Drive from the Wakeland Manor Subdivision. Mr. Wyatt said that in an attempt to address the issue, the applicant distributed a revised proffer statement during that meeting; however, the Commission believed the application should be tabled to allow for adequate time for public review of the revised proffer statement, and to correct the legal advertisement for this application which was in error. Mr. Wyatt continued, stating that the applicant's revised proffer statement appears to satisfy the comments made by VDGT, and it appears to address the impacts to community facilities and services . for capital facilities costs, as a result of the Capital Facilities Impact Model run. He said that the revised GDP demonstrates a continuation of Warrior Drive from the Wakeland Manor subdivision through the property. Mr. Wyatt stated that the applicants also included an addendum which would allow for the administrative approval of a new GDP should the applicant and adjoining property owners be able to determine a new appropriate location for Warrior Drive that was satisfactory to Frederi ck County. Mr. Wyatt concluded by saying that it appears that the revised GDP and proffer statement appear to adequately mitigate the impacts. Chairman DeHaven inquired if the revised proffer statement had been reviewed by the County Attorney and Mr. Wyatt replied that the Commonwealth Attorney had reviewed the revised proffer statement and was comfortable with it. Mr. Wayne Nicholson, resident of College Park subdivision, expressed concerns about the impact that the proposed development would have on the area's schools; he believed that a definite conclusion needed to be arrived at as to where the three proposed roads will be located before any new homes are constructed. He also requested that sidewalks be required in the new development. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this rezoning, came forward to address this citizen's concerns. Mr. Maddox said that with regards to the schools, they are proffering the amount specified in the County's Impact Model, which should meet the impact conditions. He said that all of their recent projects, including this one, will have curb and gutter, and sidewalks. With regard to roads, Mr. Maddox stated that the County has developed an Eastern Road Plan, • Frederick County Planning Commission Minutes of January 6, 1999 Page 291 - 5 - • and this project is instrumental in that plan because the major collector roads will be implemented as they pertain to this project. Mr. Maddox further added that the concerns raised are valid, however, he believed the proffers adequately addressed those concerns. Members of the Commission believed that Front Royal Pike (Rt. 522, So.) could adequately handle the additional traffic that would be generated by this proposed development. They also believed that the revised phasing plan, the applicant's proffer to reconcile the final location of Warrior Drive with adjoining property owners priorto the submittal of a master development plan, and the monetary contribution for capital facilities costs for public schools, parks and recreation, and fire and rescue services, would all adequately mitigate the impacts associated with this rezoning. 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 Rezoning Application #019 -98 of Danford Ridge Properties. L.C. to rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance) with the revised proffer and GDP by the following majority vote: YES (TO APPROVE) Miller, Stone, Ours, Romine, Thomas, DeHaven, Marker, Copenhaver, Moms NO: Light • Rezoning Application #018 -98 of Carriebrooke, submitted by G. W. Clifford & Associates, Inc., to rezone 72.7 acres from RA (Rural Areas) to RP (Residential Performance). This property is located along the eastern side of Tasker Road (Rt. 642), south of the intersection with Routes 37 and I -81, and is identified with P.I.N. 75 -A -89 in the Shawnee Magisterial District. (This item was tabled from the 12/02/98 meeting.) Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that several concerns were expressed by the Commission during the December 2, 1998 meeting which included the impacts of new residential development to the County's public school system and regional park system, as well as the inability of Tasker Road (Rt. 642) to manage the additional traffic that would be generated by 250 new residential units. He said that the Commission felt that the applicant did not adequately address the negative fiscal impacts for community facilities and services, based on what was proffered in the application, and they also believed the applicant should be more specific in how the historic Carysbrooke Redoubt would be protected and made available for public use. Mr. Wyatt said that in an attempt to address the negative fiscal impacts, the applicant distributed a revised proffer statement during the meeting and the Commission tabled the application to allow for adequate public review of the revised statement. Mr. Wyatt continued, stating that the revised proffer statement provides a phasing plan which Frederick County Planning Commission Minutes of January 6, 1999 Page 292 0 would allow for the development of 120 apartment units and would condition the platting of any of the single family units upon the beginning of construction of Route 37, Phase I; it provides for the placement of the historic Carysbrooke Redoubt within the required open space of the apartment portion of the project and would include an access easement forpublic use; and, it provides for an increase in the monetary contribution to mitigate the fiscal impacts to community facilities and services for capital facilities costs, which is consistent with the results of the Capital Facilities Impact Model run for 72.74 acres of RP development without credit for the commercial acreage which was rezoned in 1988. Mr. Wyatt further stated that the revised proffer statement appears to mitigate the majority of the impacts, as well as the majority of the concerns raised during the December 2 meeting; however, one concern that is still pending is the ability of Tasker Road to accommodate the additional traffic and to function at an acceptable level of service. Mr. Stephen M. Gvurisin and Mr. Charles W. Maddox, Jr., both with G. W. Clifford & Associates, Inc., the design engineers forthis project, were available.to talk about the phasing of development and traffic patterns after the new interchanges and intersections are constructed. speak: Chairman DeHaven called for public comment and the following person came forward to Mr. Wayne Nicholson, a resident of College Park subdivision, expressed concern that the planned road network would not be built in time to support the proposed development. Mr. Nicholson inquired whether the units would be marketed as apartments or condominiums and if the phasing statement in the proffers was legally binding. • Opinions among Commission members about the timing of this rezoning were split. While some members of the Commission still had tremendous concerns about traffic issues and the uncertainty of whether an interchange on Route 37 would be constructed at all, others believed that the Eastern Road Plan specifically indicated where the road system should go and that this development was a specific link in that road system. They noted that this was a prime location for residential development, and the construction of 250 homes would not occur immediately, but will more likely develop gradually over a 10 -15 year period. Commission members stated that the developerhad done agoodjob of addressing the concerns raised during their December 2, 1998 meeting. They noted the importance of the interchange at Warrior Drive and Route 37 and that Carriebrooke Drive would assist in facilitating the need for that interchange in the future. Members of the Commission believed that the wording under the Phasing Section of the revised proffer statement left room for interpretation. The Commission recommended that the words, "issuance of the" be placed before the words " ...notice to proceed with the construction of proposed Route 37 is underway." The applicant was amenable to this addendum and advised the Commission that the language would be incorporated into the final proffer statement for approval by the Board of Supervisors. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 9018 -98 of Carriebrooke to rezone 72.7418 acres from RA (Rural Areas) to RP (Residential Performance) with the amended proffer and additional wording under the Phasing Section of i s Frederick County Planning Commission Minutes of January 6, 1999 Page 293 -7- 0 the proffer, by the following majority vote: YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, DeHaven NO: Marker, Copenhaver, Light, Morris Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, establishing Section 165 -48.8; Article V, RA (Rural Areas) District, Section 165 -51 "Conditional Uses;" Article XXI, Definitions, establishing "Humanitarian Aid Organizational Office' of the Frederick County Code. The proposed amendments would allow for humanitarian aid organizations to establish offices and operate from the RA (Rural Areas) Zoning District. Performance standards would be applied to the use. The amendment also requires that a Conditional Use Permit be obtained from the Board of Supervisors prior to operating the Humanitarian Aid Organizational Office Use. i i Action - Recommended Denial Mr. Eric R. Lawrence, Zoning Administrator, stated that the Planning Department received a request in July of 1998 from Mr. Otis Goodwin of Outreach To Asian Nationals (OTAN), which is a non- • profit organization that provides equipment, training, and financial support to national church workers within the Asian area. Mr. Lawrence explained that this group presently operates as a cottage ;occupation located on Route 522 North and they are interested in expanding at this location; however, thelZoning Ordinance does not permit it Mr. Lawrence stated that the staff has drafted a proposed text which would allow the use in an RA District with a conditional use permit and be subject to supplementary use regulations; also included is a definition for Humanitarian Aid Organizational Offices. Mr. Lawrence further stated that the Development Review & Regulations Subcommittee (DRRS) reviewed this request and believes the use would be inappropriate in the RA Zoning District and unanimously recommended against the amendment. In reference to the proposed definition written by the DRRS, the applicant, Mr. Otis Goodwin of Outreach to Asian Nationals (OTAN), stressed that his organization is not a "humanitarian aid organization," but is a "Christian Mission Board" directly connected to and supported by the local churches in Frederick County. He stated that this is the office and management facility for their organization in ten other countries in Asia. Mr. Goodwin explained that their 20 -vear future plan calls for additional buildings on the property, one of which would contain three apartments and two dorms, whereby persons in the field or traveling might come for a short-term stay. In addition, under the proposed Supplementary Use Regulations, Mr. Goodwin requested that the maximum building square footage stated in the amendment be increased to 25,000 square feet instead of the 15,000 square feet recommended by the DRRS. The greatest concern expressed by the Commission was that allowing this type of use in an RA District would create a precedent that could not be controlled. Commissioners were in agreement that OTAN was a worthy organization and the service provided by them was beneficial; however, the Commissioners believed this must be dealt.with as a land use and the question of what types of land use are Frederick County Planning Commission Minutes of January 6, 1999 Page 294 a M. 0 appropriate in certain areas needed to be considered. In discussing the proposed definition of the use, members of the Commission objected to narrowing the definition so much that it would exclude another group which provides a valuable service to the community or foreign nations, whether they are religiously affiliated or not, or provided services or supplies, when forthe same outward appearances had the same impacts on the community and is of a similar scale. They felt it would not be appropriate to amend the ordinance to accommodate a particular individual in a specific zone. Upon motion made by Mr. Miller and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the amendment to allow humanitarian aid organizations to establish offices and operate in the RA (Rural Areas) Zoning District, by the following majority vote: YES (TO DENY) Miller, Stone, Ours, Thomas, Romine, DeHaven, Marker, Copenhaver, Light NO: Moms Request for exemption from the Subdivision Ordinance requirement, submitted by Mr.,Lee Ebert on • behalf of Kenneth and Ruth Lineberg. The property is located at 505 Rhinehart !Lane, and is identified with P.I.N. 27 -A -78 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Eric Lawrence, Zoning Administrator, stated that staff had received a request from Mr Lee A. Ebert, on behalf of Kenneth and Ruth Lineberg, to gain an exemption to the 50' right =of- -way width requirement of the Subdivision Ordinance. Mr. Lawrence explained that the Linebergs own a 62.08 -acre parcel northwest of Gore and some time ago, their son constructed a home on the property and resides there. Mr. Lawrence stated that the Linebergs desire to utilize the "Family Division Lot" provision and convey a lot (with the existing house) to their son. He said that access to the Lineberg's property is via Rhinehart Lane, a private road without a designated right -of -way width. Mr. Lawrence continued, stating that the Subdivision Ordinance requires that lots be created with a minimum 50' right -of -way width and, as access to this parcel is via an existing right -of -way across property owned by others, the request asks that the Board exempt this land division from the 50' requirement so that the existing right -of -way maybe utilized. He said that based on the location of this land division, the nature of the surrounding properties, and the fact that a family division lot provision will be utilized, the staff feels that a waiver to allow for use of the existing right -of -way is reasonable. The Planning Commission had no outstanding concerns or issues with the exemption. There • Frederick County Planning Commission Minutes of January 6, 1999 Page 295 n ►J were no citizen comments. Upon motion made by Mr. Miller and seconded by Mr. Marker, i BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for exemption from the Subdivision Ordinance requirement submitted by Mr. Lee Ebert on behalf of Kenneth and Ruth Lineberg. Sewer and Water Service Area Expansion Request, submitted by Greenway Engineering, to include six tracts totaling 162.32 acres. These properties are located on the south side of Tasker Road (Rt. 642), just east of White Oak Road (Rt. 636) in the Shawnee Magisterial District. No Action Required Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans & Programs Subcommittee (CPPS) recently considered a request for additional land, approximately 162 acres, to be added to the County's Sewer and Water Service Area (SWSA). He said that the 162 acres is comprised of six tracts ranging in size from 1.41 acres to 120.73 acres and is owned by six property owners. Mr. Wyatt explained that on April 10, 1991, the Board of Supervisors approved an expansion' of the SWSA to incorporate the tracts east of these properties which comprised the Eastgate Commerce Center and the Jouan Global Center; and, it is the staffs understanding that the property owners represented under this application requested to have their properties removed from consideration of inclusion into the SWSA in 1991. Mr. Wyatt said that the CPPS considered this request during theirDecember 7, 1998 meeting and believed the inclusion of the six properties was appropriate and logical based on the existing land use patterns in the area, as well as the ability of these properties to be adequately served by the existing infrastructure. Mr. Wyatt added that the inclusion of these parcels would make the SWSA contiguous in that area, which it currently is not. He further added that land incorporated in the SWSA is limited to commercial and industrial land use; no residential land use would be permitted because the properties are not located in the Urban Development Area (UDA). Members of the Commission had no particular outstanding areas of concern as long as the Sanitation Authority believed they could accommodate the request. Commission members believed the proposal was in appropriate form in its present state and directed the staff to advertise it for public hearing, once the Board of Supervisors endorsed the concept. PROPOSED 1999 -2000 CAPITAL IMPROVEMENTS PLAN No Action Required 11 Frederick County Planning Commission Minutes of January 6, 1999 Page 296 -10- • Mr. Evan A. Wyatt, Deputy Planning Director, presented the draft of the 1999 -2000 Capital Improvement Plan (CIP) as recommended by the Comprehensive Plans and Programs Subcommittee (CPPS). Mr. Wyatt stated that the CIP consists of 26 total projects, however, only three of those projects are new. Those three are renovations of James Wood Middle School on Amherst Street by the School Board, a new animal shelter for the Public Works Department, and an apron expansion by the Winchester Regional Airport. Commissioner Light inquired about why there were questions, three to four months ago at the Public Works Committee, about the money included in the CIP; specifically, whether the amount included engineering /excavation costs and what was included in those amounts. Mr. Light wanted to know why there were questions about what costs were covered. Mr. Wyatt responded that the CIP includes costs for construction and renovation and stated that it is not for operational expenditures. Chairman DeHaven added that the CIP is more a long -range planning tool, rather than a hard - numbered spread sheet, and the figures are projected by the departments presenting them. He said that each department should know what was included in their request and in the figures they submitted. The Planning Commission believed that the 26 projects proposed on the 1999- 2000CIPwere appropriate and recommended that staff advertise the CIP for public hearing following discussion with the Board. TEA -21 ENHANCEMENT PROJECT (KERNSTOWN BATTLEFIELD SITE) • Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, presented the TEA -21 Enhancement Project, the latest version of the ISTEA, to assist further with the acquisition of the remainder of the historic Kemstown Battlefield site. Mr. Ruddy said that the request is in the amount of $1,000,000 and is a continuance of the two previous ISTEA grant applications that were successful in securing funds to acquire a portion of the Kemstown Battlefield. He said that no additional local funds are required for this application. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby support the TEA -21 Enhancement Project and unanimously recommends approval of the project to the Board of Supervisors. OTHER Upcoming Meeting - Third Winchester Battlefield Planning Efforts • Frederick County Planning Commission Minutes of January 6, 1999 Page 297 _11_ • Mr. Kris C. Tierney, Planning Director, reported that a meeting is scheduled for Tuesday, January 19, 1999 at 7:00 p.m. at the Red Bud Run Elementary School cafeteria to discuss planning efforts for the Third Winchester Battlefield. Survey for Proiect Priorities for the 1999 Calendar Year Mr. Kris C. Tierney, Planning Director, presented the Commission with a survey form to rank proposed project activities for the 1999 calendar year. Mr. Tierney said that the survey will assist the staff in creating a work program for the upcoming year. Cancellation of the January 20, 1999 Meetin¢ of the Planning Commission Mr. Kris C. Tierney, Planning Director, reported that there were no pending agenda items for the Commission's January 20, 1999 meeting. Upon motion made by Mr. Miller and seconded by Mr. Thomas, the Planning Commission unanimously voted to cancel the January 20, 1999 meeting of the Commission. E ADJOURNMENT No further business remained to be discussed and the meeting adjourned by unanimous vote at 9:05 p.m. Respectfully submitted, C. Tie 6 4 1 s e r ry OL' � L Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of January 6, 1999 Page 298