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HomeMy WebLinkAboutPC_09-06-06_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 6, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; John H. Light, Stonewall District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At- Large; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Cordell Watt, Back Creek District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner II; Bernard S. Suchicital, Planner I; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of August 2, 2006 were unanimously approved as presented. Comprehensive Plans & Programs Subcommittee (CPPS) — 08/29/06 Work Session Commissioner Kriz reported that the work session with the Board of Supervisors went very well; the committee is moving along with the UDA (Urban Development Area) Study. Commissioner Kriz said he ® believed the Board has a good understanding of what is being proposed and has received the Board's okay to Frederick County Planning Commission Page 1839 Minutes of September 6, 2006 -2- C , J move forward with the CPPS through discussion and public hearings. Development Review & Regulations Subcommittee (DRRS) — 08/24/06 Mtg. Commissioner Kerr reported that the DRRS discussed zoning classifications for commercial and industrial zones; some of the zoning classifications were eliminated because they were covered under other categories. Commissioner Kerr said the DRRS also reviewed the final changes to the proposed new sign ordinances. Transportation Committee - 08/28/06 Mtg. Commissioner Kriz reported that the Transportation Committee reviewed an update of the CIP (Capital Improvements Plan); the decision was made to include a list of new and continuing transportation projects within the CIP for the record. He said this should make it easier for revenue sharing and to accept private funds for roads, as well as showing the priority for the state road construction; the update was adopted. Commissioner Kriz reported other items discussed and acted on, as follows: the Update of the Eastern Road Plan was adopted after a discussion of its relationship with the MPO (Metropolitan Planning Organization); comments by VDOT were made on the Route 37 alternatives near the Stonewall Industrial Park; the student - generated bike plan around certain schools was endorsed under the Transportation Enhancement • Grant Applications; the update of the Revenue Sharing Projects in the Secondary Road Improvement Plan was adopted with the addition of Stephenson Road Incidental and Senseny Road Major; proposed road concepts which are exceptions to current VDOT standards were endorsed under the Willow Run internal road system discussion; and, traffic calming guidelines were requested by residents of Oakdale Crossing and the committee recognized the need to develop a process for responding to this type of request. Development Impact Model (DIM) Oversight Committee (OC) — 8/22/06 Mtg. • Commissioner Manuel reported that the DIM -OC discussed updates to the model; all the 2006 updates were endorsed and will be sent to the Board of Supervisors for approval next week. He said upon approval, they will be used for future planning and rezoning. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. Frederick County Planning Commission Page 1840 Minutes of September 6, 2006 -3- ® PUBLIC HEARING Conditional Use Permit 406 -06 of Horton Investment, LLC for a retail nursery at 2731 Front Royal Pike (Route 522). This property is identified with P.I.N. 76 -A -62 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Planning Technician, Kevin T. Henry, reported that the proposed retail nursery will take place on a vacant 5.57 -acre tract of land in the RA (Rural Areas) Zoning District. Mr. Henry said the applicant has informed the staff that since nursery sales vary with the seasons, 18 employees will be needed during the busiest times, April, May, and June, and for the remainder of the year, between four to six employees will be needed. Mr. Henry said the site will have 20,000 square -feet of showroom with 50 parking spaces along the frontage on Route 522. He said VDOT is requiring that the driveway along Front Royal Pike (Rt. 522) be strictly limited to an entrance and all outbound traffic be required to access Route 522 through Fries Loop Road (Rt. 760). Mr. Henry stated that an engineered site plan will be required. He noted that it appears this proposed business would meet the intent of the goals of the Southern Frederick Land Use Plan within the Frederick County Comprehensive Policy Plan. Mr. Henry then proceeded to read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Morris inquired if a commercial -grade ingress and egress would be required and Mr. Henry replied yes. Commissioner Morris also inquired if paved parking would be required; Mr. Henry replied no, because the site is outside of the SWSA (Sewer and Water Service Area). • Commissioner Manuel asked if a right -of -way had been negotiated through the adjoining Clem property and Mr. Henry replied that a right -of -way has already been platted through the Clem property through to Fries Loop Road. Commissioner Unger inquired if the applicant had considered applying for a rezoning, considering the amount of capital expenditure needed for the project. Mr. James M. Horton, the property owner and applicant, came forward to answer questions from the Commission. Replying to Commissioner Manuel's question, Mr. Horton said he has about 85 feet of frontage along Route 522. In response to the question raised about whether a rezoning was considered, Mr. Horton replied he had no intention of rezoning the property; he said the property will be in agricultural use and the structures will be greenhouses. Commissioner Oates commented on the staff's recommendation for a 25 -foot buffer along all residential properties and he asked Mr. Horton if there will be enough room along the southern portion for parking and the 25 -foot strip, along with the structures. Mr. Horton noted the existing trees on the property and he said they will fill -in with additional landscaping where needed. Commissioner Thomas asked Mr. Horton where he intended to store heavy equipment. Mr. Horton said he planned to construct some shelters to park the equipment under. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. 0 Frederick County Planning Commission Page 1841 Minutes of September 6, 2006 Chairman Wilmot asked the VDOT representative, Mr. Lloyd Ingram, if he would comment on • the site's entrance and exit and how it was anticipated for the property to connect to Fries Loop Road. Mr. Ingram said there is an old existing right -of -way from a previous footprint; he explained to the Commission how the connection would work. Commissioner Thomas raised a concern about conducting this size and scale of operation under a conditional use permit. He recognized this was an agricultural business, but noted it was also a large commercial operation. He questioned whether this was ever the intent for a conditional use permit. Commissioner Thomas said he would vote in favor of the permit based on the Horton's previous business history in Frederick County; however, he doubted this was an appropriate use to be conducted under a conditional use permit. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 906 -06 of Horton Investment, LLC for a retail nursery at 2731 Front Royal Pike (Route 522), with the following conditions: 1. All review agency continents and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to business activities. 3. Only one non - illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than six employees. 6. Any expansion or change of use will require a new conditional use permit. Establish a 25 -foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. Conditional Use Permit 907 -06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50). The property, consisting of 4,38 acres, zoned RA (Rural Areas), is identified with P.T.N. 77 -A -13 in the Shawnee Magisterial District. Action — Tabled • Frederick County Planning Commission Page 1842 Minutes of September 6, 2006 -5- • Planner Bernard S. Suchicital reported that the proposed country general store will be conducted in a new 10,500 square -foot building and will also include a coffee and pastry counter. Mr. Suchicital stated that CUP # 10 -03, which was approved by the Board of Supervisors on January 29, 2004 for a similar venture on this property, will become null and void upon issuance of this revised CUP #07 -06. He added that the applicant proposes to remove the existing well and replace it with a larger one and will also install a pump and haul system with Health Department approval. Mr. Suchicital stated that on -site vehicle fuel sales and outdoor display areas will not be permitted. Mr. Suchicital next read a list of recommended conditions, should the Planning Commission find the use to be appropriate. Ms. Jae Cha, project architect, was representing the property owner in this conditional use permit (CUP) application. Mr. Yung Kim, the project's civil engineer, was also present to take questions. Commissioner Unger asked about the pond on the side of the structure. Mr. Kim replied this was a dry pond for storm water management and was required for the site plan. Commissioner Thomas asked if the property owner considered applying for a rezoning for this operation, rather than conducting it under a CUP. Ms. Cha and Mr. Kim said a rezoning was not considered and seemed to be unaware of this option. Mr. Suchicital commented that the property lies outside of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA) lines of the Comprehensive Policy Plan; he stated that rezoning would be difficult without an amendment to the Comprehensive Policy Plan. Commissioner Oates commented that the 10,500 square -foot structure seemed large for a country general store. Ms. Cha replied the main item would be antiques consisting of furniture pieces, along with souvenirs and decorations • Chairman Wilmot next called for public comments and the following persons came forward to speak: Mr. Michael E. Steffes, adjoining property owner at 2983 Millwood Pike, had numerous questions. He asked for the square footage of the structure that was used for the previous operation, CUP #07- 06; he commented that this property has had several different tenants. He thought the existing structure was only about 1,500 square feet and the square footage proposed was a considerable increase in operations. Mr. Steffes was uncertain about what exactly the proposed country general store would sell. He was concerned about the increase in traffic; the amount of lighting on the property; the numbers of people anticipated to be coming in and out of the property each day; the number of tractor - trailers, and the hours of operation. He commented that on a normal basis, this was a quiet area once the Washington, D.C. traffic had gone through. Mr. Ernie Neff of the Shawnee District was representing the Winchester Izaak Walton Club, an adjoining property owner. Mr. Neff said the Izaak Walton organization had environmental concerns and were particularly concerned about runoff from the property and the two proposed 15- gallon holding tanks. Mr. Neff did not think it was wise to approve holding tanks for businesses; he was concerned about contamination of their lake, should the tanks fill up and run off. Mr. Neff said the Isaak Walton Club recently spent over $100,000 on their lake. He said they were also concerned about the proposed dry pond and all of the asphalt run -off. He doubted that the proposed holding pond could hold all the runoff from the asphalt and any other materials that may be discharged out on the parking lot; they were concerned about these contaminants seeping into their lake. He added that he thought the proposed business was too large for an RA District in this particular area. Frederick County Planning Commission Page 1843 Minutes of September 6, 2006 • Mr. James Maddon, a Winchester resident, said he was a former president of the Izaak Walton Club, and he had a great deal of interest in preserving the take at Izaak Walton. Mr. Maddon was concerned about the proposition of installing holding tanks and he didn't think it was a wise long -term solution for a business of this size. He disliked the idea of the County getting into the trend of allowing them. Mr. Madden pointed out that the holding tanks were located behind the storm water management pond. He suggested the tanks be relocated so if cracks develop and spills or leaks occur, any run -off would go into the holding pond or it would back up against the store, instead of running down the bank to their lake. He thought there should be some opportunity for evaporation before it gets washed down to their lake. He was also uncertain about the definition of a country store. He said convenience stores, strip malls, or shopping malls are not allowed in RA, but a country store is allowed and he asked what that was based upon. Mr. Maddon asked if the definition of a country store was based on the size of the structure or what was being sold. He was concerned the proposed use may turn into another Sheetz, a Seven - Eleven, or a Handi -Mart without gas pumps. He commented that this area is still rural and a 10,000 square -foot building seems out of place. meeting. Since no one else wished to speak, Chairman Wilmot closed the public comment portion of the Planning Director, Eric R. Lawrence, read the definition of a country store from the zoning ordinance. The continent was made that although the use was somewhat vague, it seemed the dominating use would be a grocery aspect. Commissioner Thomas said that if the applicant anticipates selling furniture, then this could not be classified as a country store. Mr. Lawrence added that there is an antique store CUP, if that was more appropriate. Commissioner Light asked if a health permit was issued for the pump and haul. Mr. Lawrence • replied there is an approved pump and haul permit for the existing use on the property. He said ifthenew CUP is approved, that permit would need to be renewed. Mr. Lawrence said that the Health Department has stated that the pump and haul is the only opportunity for a health system on this property. Chairman Wilmot asked the applicants if they understood the items of concern that had been raised. Mr. Kim replied that runoff from the parking lot would be addressed through their storm water management plan and the holding pond will be sized appropriately. Regarding any possible overflow from the tanks, the tanks will be equipped with emergency overflow alarms; he said lighting will be addressed at the site plan stage; and the parking area was determined by the size of the building according to the zoning ordinance. Ms. Cha said the owner of the property would be open to any recommendations by the Commission. Ms. Cho said that she was an architect and was interested in sustainable green design measures; she said that originally, they did not want to have concrete parking and would prefer to have a pervious material so the ground could collect the water. She attempted to explain their vision for the business; she said they thought it would be nice to sell coffee and pastries, but not a full - fledged restaurant with lots of truck traffic delivering supplies. She said they were committed to being environmentally - conscientious. Ms. Cha said that she spoke with the County Administrator about the pump and haul system and he approved the transfer; she said Septic Clean is the pump and haul service on board for the project. She said that she has also had numerous conversations with the Health Department about their guidelines. She added that they had not finalized their decision on hours of operation, but were hoping to do some evening hours. She said it would definitely not be a 24 -hour operation. Commissioner Thomas questioned the appropriateness of conducting a business of this size and scale under a conditional use permit. Commissioner Thomas said that a conditional use permit was not intended • to set up a business where there is a capital investment in the three -to -four hundred thousand dollar range. He believed the Commission needed to re- evaluate this process, especially at the entrances/ exit -ways from the County. He said that commercial development should be expected on those entrance and exit ways. Frederick County Planning Commission Page 1844 Minutes of September 6, 2006 -7- • Commissioner Light agreed with Commissioner Thomas. However, he said that if this was to be operated under a CUP, he would prefer to see the requirements compatible with a B2 Zoning District; particularly, the buffers, screening, lighting, and transportation. Commissioner Unger said that he would prefer to see documentation that two proposed 1,500 - gallon tanks would be adequate to handle the sewer. He said that with a 10,000 square -foot building and 58 -60 parking spaces, he did not think the proposed health system would be sufficient and would probably have to be pumped every day or two. In addition, Commissioner Unger thought there should be a catch basin incorporated for gasoline and oil for the size of parking lot anticipated. He also wanted to see what the building was going to look like before he would vote in favor of the CUP. Ms. Cha said the Health Department and the County Administrator reviewed the square footage of the structure and the number of employees and believed the proposed health system would be satisfactory. Mr. Lawrence interjected that based on all of the issues being expressed, it may be appropriate to defer action on this to allow some time for the staff to work with the applicant to resolve the issues and then bring it back under the appropriate land use classification. Conunissioner Kriz expressed his desire to see the parking lot material be a pervious surface, rather than concrete. Other Commissioners agreed. Other Commissioners agreed that a country store may not be the best classification for this use and for what the applicant intends. • Commissioner Oates added other areas that needed to be addressed, such as hours of operation, incorporation of a Best Management Practices System, and whether or not bathrooms would be open to the public. Commissioner Morris made a motion to table this CUP for a period of time to be determined by the staff and the applicant so they can work out the issues raised. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, THAT by a majority vote, the Planning Commission does hereby table Conditional Use Permit #07 -06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50) for a period of time to be determined by the staff and the applicant so that the issues raised by the Commission and the public can be addressed. The majority vote was as follows: YES (TO TABLE) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Wilmot, Unger, Light, Oates, Moms NO: Manuel (Note: Commissioner Watt was absent from the meeting.) Rezoning 409 -06 of Tasker Woods, submitted by Patton, Harris, Rust & Associates, Inc. (PHR &A) to rezone 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.897 • acres from RA District to B2 (Business General) District, totaling 79.178 acres, with proffers, for up to 319 residential units, and for commercial use. The properties are located north of Tasker Road (Route Frederick County Planning Commission Page 1845 Minutes of September 6, 2006 642), east and south of Macedonia Church Road (Route 756), and west of Front Royal Pike (Rt.522). The • properties are further identified with P.I.N.s 76 -A -48A and 76 -A -49 in the Shawnee Magisterial District. Action — Recommended Senior Planner Susan K. Eddy reported that the site is within the limits of the Tasker Woods Land Use Plan, a component of the Comprehensive Policy Plan. She reported that the entire site is within the Sewer and Water Service Area (SWSA), while the northern portion of the site, the area where the applicant is seeking residential rezoning, is within the Urban Development Area (UDA). She stated that the applicant is proposing a residential pattern generally consistent with the Tasker Woods Land Use Plan. Ms. Eddy reported that the southern portion of the site, immediately north of Tasker Road, is planned for commercial use. She said that although neighborhood -scale commercial uses to serve the needs of residents and create focal points for the new community are preferred, the applicant is proposing the full range of B2 uses, without a commitment to neighborhood -scale commercial uses or a commitment to discouraging a strip center. She said there was no timing associated with the commercial component and all residences could be built before any commercial development takes place. Regarding the transportation aspects of the application, she pointed out that the Eastern Road Plan designates Tasker Road as an improved major collector and it also designates a portion of Macedonia Church Road as a new major collector road, which translates to a four -lane divided boulevard road section. Ms. Eddy said the applicant is partially implementing the Eastern Road Plan by designing the four -lane median section and by providing the 80 -foot right -of -way; however, they have only committed to actually constructing two of the four lanes. The Tasker Woods Land Use Plan also called for a new collector road through the site and this is being provided by the applicant. Ms. Eddy said that a traffic impact analysis (TIA) was conducted and indicated • that a Level of Service (LOS) "C" would be maintained on surrounding local roads, provided that certain road improvements were made. She commented that other developers in the area have proffered some of those improvements. She next reviewed those improvements remaining for this applicant, some of which included: the installation of a traffic signal at Route 522 and Macedonia Church Road and the installation of a traffic signal and turn lanes where the collector road meets Marcel Road at Tasker Road. Ms. Eddy next highlighted some of the significant elements of the Generalized Development Plan (GDP) and the applicant's proffer statement. She said the GDP shows the location of the collector road that goes from Marcel Road all the way through the development and out Macedonia Church Road, it shows the location of a consolidated entrance for the church, and it shows the location of the single - family detached units. She said that some design specifications have been proffered for the commercial area and the applicant has agreed to establish a homeowners' association start -up fund. Ms. Eddy said the monetary contributions within the proffer are consistent with the County's existing development impact model. Commissioner Thomas said he was concerned about Macedonia Church Road because of its inability to handle the existing traffic; he described how badly the traffic congestion is at the intersection of Macedonia Church Road and Route 522 with the existing amount of housing, especially in the mornings. Commissioner Thomas said he did not see how this development could proceed without immediately making the section of Macedonia Church Road, from the curve to Route 522, a four -lane section. Ms Eddy agreed and said the staff is seeking the four full lanes at this time. Mr. Clay Athey, Esq., with Napier, Pond, Athey & Athey and Mr. Patrick Sowers with Patton, Harris, Rust & Associates (PHR &A), were representing the property owner, Allden, LLC (Mr. Allan Hudson), and the Tasker Woods development. Mr. Athey said that initial meetings with the surrounding property owners • and the adjoining Macedonia United Methodist Church, indicated the community's preference for residential housing as opposed to additional industrial development. Mr. Athey said they have tried to be sensitive to the needs of the local community and in doing so, made a commitment to the church to improve the frontage of their Frederick County Planning Commission Page 1846 Minutes of September 6, 2006 • cemetery and church property. Regarding the concern about traffic on Macedonia Church Road, he said one of the issues is whether the church would want a four -lane road in front of their church; the second issue is that the church would also prefer to have the name of their road remain as Macedonia Church Road and not be renamed. White Oak Road. Mr. Athey said they would propose to make a section of the road near Route 522 into four lanes, however, he believed the church and the adjoining property owners needed to be heard about whether they wanted it or not. Mr. Athey added that they have proffered about $170,000 in transportation cash proffers. Regarding the commercial area, Mr. Athey said they were not sure what was going to be established there at this point in time, but were waiting to see what the market dictates. Mr. Patrick Sowers, with PHR &A, said that in keeping with the Tasker Woods Land Use Plan, this proposal will continue with the single- family housing. He said they have proposed single - family, small -lot housing which accomplishes a hierarchical transition into the single- family attached uses. Mr. Sowers added that their proposed 200 -foot four -lane section would leave approximately another 800 feet to the project entrance. At this point, Chairman Wilmot called for public comments and the following persons came forward to speak: Rev. Jason Duley, pastor of the Macedonia United Methodist Church and a resident of Shawnee District, came forward to speak on behalf of the Macedonia United Methodist Church. Rev. Duley said the developer has given the church quite a bit of input and has worked with the church very well. He said the Macedonia United Methodist Church has an interest in building community and the church has a long history in the County, going back into the mid -to -early 1800's. Rev. Duley said the church recently opened a pre - school on their property and the developer's proposal to construct a consolidated entranceway for them will certainly benefit the church. Regarding the four -lane section of road, Rev. Duley said he did not see how they could avoid • constructing it, because of the increasing amount of growth and traffic in this area. He pointed out that the four - lane would have to be south of the church's property because of the existing cemetery. Rev. Duley concluded by saying that with all of the history they have had as a church in this area, they would prefer to see the name of their road remain as Macedonia Church Road, even though it connects to White Oak Road. Mr. Harry Newman, a resident at 115 Maverick Court in Canter Estates, said he appreciated Mr. Clay Athey and Mr. Allan Hudson coordinating their project with the neighbors and the Canter Estates homeowners association. Mr. Newman said he presented the Tasker Woods plan and proffers to the Canter Estates Homeowners Association last month and there were no objections from the residents. He said he was pleased that the proposal was residential, in keeping with the existing residential neighborhood. Mr. Newman was also pleased with the road improvements proposed for Macedonia Church Road. In conclusion, Mr. Newman also preferred to see the road name, Macedonia Church Road, remain in front of the church. Mr. Newman supported the proposed plan as presented. Since no one else wished to speak, Chairman Wilmot closed the public comment portion of the meeting. Mr. Athey returned to the podium and stated they would be willing to modify their proposal to construct four lanes from Route 522 inward for the first 200 feet, because he believed that was what the church preferred. Commission members said they would rather have the four lane section from Route 522 all the way through to White Oak Road. Rev. Duley returned to the podium and said his only concern was that a four -lane all the way through to White Oak Road would probably increase the incidences of cut - through traffic by motorists headed to shopping areas north. Rev. Duley said that with the amount of traffic flow at this busy intersection, a four -lane connection would be beneficial; however, to bring it all the way down through may encourage cut- 0 through traffic Frederick County Planning Commission Page 1847 Minutes of September 6, 2006 -10- • Mr. Charles W. Maddox, Jr., with PHR &A, said that Macedonia will actually be a three -lane road; he explained there will be two through lanes with continuous left -turn lanes. He said that from the four -lane section, there will be two through lanes plus a left -hand turn lane dedicated to church movements; the left -turn lane will continue at their project's main entrance. Mr. Maddox said the road will then transition back to two lanes at White Oak Road. Mr. Lloyd Ingram with VDOT said he would prefer to see the design on paper so he could analyze exactly what has been proposed and compare it with the need for that to eventually be four lanes. Commissioner Kriz was concerned there were no contingencies on getting the commercial section completed or even started, because it was not tied to the residential development. Mr. Athey said the commercial will be continuation of what is at Eastgate. Chairman Wilmot asked Mr. Sowers if the internal collector road was going to be a public road. Mr. Sowers said the intent of this development was not to do the private streets. Mr. Athey added that they have also offered an inter - parcel connection from the collector to the properties that front on Route 522. The Commission requested that staff provide an overview of what they understood the road situation to be at this point. Ms. Eddy said the developer has agreed, as before, to design the ultimate four -lane divided median section; they have also agreed, as before, to providing the 80 -foot right -of -way. She said previously, they agreed to build two lanes; her understanding is that now, they have agreed to four lanes for about 200 feet, three lanes to the entrance, and then a transition into the existing two lanes. . Commissioner Light asked the staff if they were comfortable with the proposal for 90 units per year. Ms. Eddy said this was typical of a development of this size. She said the schools are most affected by that type of time frame. Commissioner Morris was pleased with the transportation proffers offered; however, he believed the entire section of roadway should be constructed immediately, with either the three -lanes or the four -lanes. He believed that if it wasn't constructed with this development, he didn't know of any other way it would ever be accomplished. Conunissioner Thomas also believed the name of the road in front of Macedonia United Methodist Church should remain as Macedonia Church Road. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby recommend approval of Rezoning 409 -06 of Tasker Woods, submitted by Patton, Harris, Rust & Associates, Inc. (PHR &A) to rezone 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District for up to 319 residential units and 18.897 acres from RA District to B2 (Business General) District for commercial use, with the applicant's revised proffers to include the design of the ultimate four -lane road section; to provide an 80 -foot right -of -way, to construct 200 -feet of the four -lane road section from Route 522, and to construct three lanes from the four -lane section to the entrance of Tasker Woods, followed by a transition into the existing two -lane section of White Oak Road. In addition, the Commission recommended that the road in front of the Macedonia United Methodist Church remain named Macedonia Church Road. E Frederick County Planning Commission Page 1848 Minutes of September 6, 2006 -11- The majority vote was as follows: • YES (TO REC. APPROVAL W1 REVISED PROFFERS) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Wilmot, Manuel, Unger NO: Light, Oates, Morris (Note: Commissioner Watt was absent from the meeting.) PUBLIC MEETING Master Development Plan #09 -06 for Wakeland Properties, submitted by Patton, Harris, Rust, & Associates, Inc. (PHR &A) for commercial use. The properties are located east and adjacent to Front Royal Pike (Route 522), approximately 280 feet south of the Papermill Road intersection. The properties are further identified with P.I.N.s 64 -A -29 and 64 -A -30 in the Shawnee Magisterial District. Action — Recommended Approval Planner Candice E. Perkins reported that the master development plan (MDP) for Wakeland Properties is a proposal to develop approximately seven acres of B2 (Business General) -zoned property with commercial land uses on two parcels that were rezoned with proffers in August of 2005. Ms. Perkins said access • to the site is proposed via a new road off of Route 522. She explained that one of the applicant's proffers stated that inter - parcel connections would be identified and reserved at the MDP or subdivision design plan stage; these connections are provided in general locations on the MDP. She said the adjacent property to the south has expressed concerns regarding the location of the inter - parcel connection, since it would not give them direct access to the street. She explained that should the adjacent property develop with the stubbing of the cul -de -sac, access would be given through private parking lot access, as opposed to a state road connection. Ms. Perkins continued, stating that the applicant has requested a waiver of the requirement for a 50 -foot distance buffer against Parcel 64 -A -28, which is zoned RA (Rural Areas) and is in residential use, because the applicant owns this particular property. She stated that with the exception of the requested waiver and the inter - parcel connection issue, the MDP is consistent with the zoning ordinance and has addressed all staff concerns. Mr. Patrick Sowers with Patton, Harris, Rust & Associates (PHR &A) was present to represent the property owner, Wakeland Manor Land Trust, and the Wakeland Properties MDP. Regarding the inter -parcel connector issue, Mr. Sowers stated they were willing to shift the inter - parcel connector to line up with the proposed public street in order to meet the 70 -foot minimum distance requirement. Commissioner Thomas expressed concern that the adjoining parcel owned by the applicant could be sold sometime in the future and consequently, would not have the benefit of a buffer between the properties. Mr. Sowers commented that since it is such a small, non - conforming lot, it would be difficult to expand the use. Chairman Wilmot next called for public comments. • Mr. Mark Smith, representing the adjoining Shenandoah Motor Court, said the applicant has addressed his concern on the inter -parcel connection. He said if the applicant is willing to revise the connection on the MDP before it goes to the Board of Supervisors, then he was in full support of the application. Mr. Smith Frederick County Planning Commission Page 1849 Minutes of September 6, 2006 -12- • handed out a drawing for the record showing the 70 -foot distance requirement for the inter -parcel connector. He also asked for clarification that the proposed road will be state - maintained and not a private road. Since there was no one else wishing to speak, Chairman Wilmot closed the public comment portion of the meeting. Mr. Sowers returned to the podium and confirmed for Mr. Smith that the proposed road will be state - maintained. Upon motion made by Commissioner Morris and seconded by Commissioner Ours, the Planning Commission recommended approval of the requested waiver of the 50 -foot distance buffer requirement against Parcel 64 -A -28 by a majority vote, as follows: YES (TO REC. APPROVAL OF WAIVER) Unger, Manuel, Moms, Oates, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas (Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.) Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, the Planning Commission recommended approval of the MDP of Wakeland Properties and to incorporate the relocated inter -parcel connector to Parcel 64 -A -29, by a majority vote as follows: • YES (TO REC. APPROVAL OF MDP) Unger, Manuel, Morris, Oates, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas (Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.) BE IT RESOLVED, THAT by majority votes, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 409 -06 for Wakeland Properties, submitted by Patton, Harris, Rust, & Associates (PHR &A) to develop approximately seven acres, zoned B2, for commercial use with the relocated inter - parcel connector to Parcel 64 -A -29 and with a waiver of the requirement for a 50 -foot distance buffer against Parcel 64 -A -28. Subdivision Application 412 -06 for Stephens City Storage, LLC, submitted by Foltz Land Surveying, Inc., to subdivide a 4.69 -acre tract into two parcels, consisting of 0.7464 acres and 3.867 acres, for commercial use at 623 Fairfax Pike (Route 277). The property is further identified with P.I.N. 86 -5 -F in the Opequon Magisterial District. Action — Recommended Approval • Zoning and Subdivision Administrator, Mark R. Cheran, reported that this request is to create a 0.7464 -acre parcel from a 4.6867 -acre tract; he said the proposed 0.7464 -acre parcel and the 3.8664 residue Frederick County Planning Commission Page 1850 Minutes of September 6, 2006 -13- parcel are both zoned B2 (Business General). Mr. Cheran stated that the applicant has dedicated 0.0739 acres for • right -of -way for future improvements to Fairfax Pike (Rt. 277). He added that access to the new parcel and the residue parcel will only be via a private 50 -foot ingress /egress from Fairfax Pike (Rt. 277); there will be no new access to Fairfax Pike from this new lot. Mr. Cheran noted that the proposed subdivision has met the requirements for a waiver from the master development plan (MDP) requirements and has been granted a waiver; however, the design elements associated with the MDP have not been waived. He added that staff was seeking administrative approval authority and a recommendation from the Planning Commission and the Board of Supervisors regarding the subdivision request was sought. Commissioner Oates said that since there will be no direct access to Fairfax Pike, he recommended that a note be added to the final plats so prospective purchasers of the lot would be aware of the situation. Mr. Paul L. Negley, one of the owners of the property, was present to represent Stephens City Storage, LLC. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of meeting. Commissioner Ours said he didn't particularly like self - storage as it is currently allowed in Frederick County because the structures were not very attractive. He recognized this was a needed use, however; and he suggested the possibility of the Commission working on design standards so the storage units could blend • in better with the local landscape. Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application # 12 -06 for Stephens City Storage, LLC, submitted by Foltz Land Surveying, Inc., to subdivide a 4.69 -acre tract into two parcels, consisting of 0.7464 acres and 3.867 acres, for commercial use at 623 Fairfax Pike, with the addition of a note placed on the final plats indicating that access to Fairfax Pike (Route 277) would only be via a private 50 -foot ingress /egress easement. (Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.) Subdivision Application #10 -06 for WIN, LLC, submitted by Greenway Engineering to subdivide a 30.05 - acre tract into a 6.3124 -acre parcel and a 23.74 -acre parcel for commercial use. This property fronts on the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. The property is further identified with P.I.N. 54 -A -99E in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this subdivision is a request to create a 6.3124 -acre parcel from a 30.0500 -acre tract; the proposed 6.3124 -acre parcel and the • 23.7376 -acre residue parcel are both zoned B2 (Business General). Mr. Cheran said that access to the new six - acre parcel will be via a private 50 -foot ingress /egress from Berryville Pike. He said the proposed subdivision has met the requirements for a waiver from the master development plan (MDP) requirements and has been Frederick County Planning Commission Page 1851 Minutes of September 6, 2006 -14- granted a waiver; however, the design elements associated with the MDP have not been waived. He added that • staff was seeking administrative approval authority and a recommendation from the Planning Commission and the Board of Supervisors regarding the subdivision request was sought. Mr. Evan A. Wyatt with Greenway Engineering said that at the Planning Commission's previous meeting, the plat showed a 50 -foot continuation along I -81 down to Route 7 as the actual parcel. Mr. Wyatt said that instead of showing a pipestem B2 lot, the Planning Staff preferred to see a revised plat with a waiver to the State road frontage requirement. He said this revised plat provides for a 50 -foot ingress/egress easement through other property to access the new subdivided parcel. He noted there will be reciprocal easement agreements that will go along with the plats which allow for traffic movement between both properties. Commissioner Oates inquired about the water and sewer easements along Berryville Pike; he noticed a structure on top of them. He asked if the Sanitation Authority had reviewed this. Mr. Wyatt said the proposed site plan shows that area to be developed commercially and the existing structure would be removed when that pad site is developed, if it hasn't already. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Chairman Wilmot reminded the Commission that two actions on this proposal were needed: one for the waiver regarding private streets and the second to recommend approval of the subdivision. Commissioner Oates moved to recommend approval of the requested waiver from Section 144 - 24C of the subdivision ordinance to allow this parcel to be served by the private commercial access. This motion was seconded by Commissioner Kriz and unanimously passed. • Commissioner Oates moved to recommend approval of Subdivision Application # 10 -06 of WIN, LLC. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Greenway Engineering, on behalf of WIN, LLC, for a waiver from Section 144 -24C of the Frederick County Subdivision Ordinance to allow a parcel to be served by a private commercial access. Furthermore, the Planning Commission does also recommend approval of Subdivision Application 410-06 for WIN, LLC to subdivide a 30.05 -acre tract into a 6.3124 -acre parcel and a 23.74 -acre parcel for commercial use. OTHER GREGG KERR APPOINTED AS EDC LIAISON Chairman Wilmot appointed Commissioner Gregg Kerr to serve as the Planning Commission's liaison to the Economic Development Commission. • Frederick County Planning Commission Page 1852 Minutes of September 6, 2006 -15- CPEAV ANNUAL LAND USE AND ZONING CONFERENCE • Chairman Wilmot provided the Commission members with information about the upcoming CPEAV's 2006 Commonwealth Land Use and Zoning Conference in Charlottesville on October 5 -10. She announced that anyone wishing to attend should complete the paperwork and submit to the Planning Department. ORDINANCE DEFINITION OF "FAMILY" IN A RESIDENCE Commissioner Thomas raised an issue regarding the ordinance definition of "family" in a residence and how many families may live in a residence. Commissioner Thomas said there are multiple families living in residences throughout the County and he believed this may be an upcoming issue for the Planning Commission to address. ADJOURNMENT There being no further business to discuss, the meeting adjourned by a unanimous vote at 9:35 p.m. Respectfully submitted, 0 Lk, M. Wilmot, Chairman Lawrence, Secretary 10 Frederick County Planning Commission Page 1853 Minutes of September 6, 2006