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PC 02-15-17 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNT' PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 15, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the February 15, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the December 7, 2016 meeting. Frederick County Planning Commission Page 3407 Minutes of February 15, 2017 COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) — Mta. 01/17/17 Commissioner Unger reported the FCSA Board reviewed and discussed the draft FY2018-27 Capital Improvement Plan, he noted the 10 year plan has a project total of approximately $71 million. Commissioner Unger explained the two projects of most significance are: re -located Anderson Water Treatment Plant, which will enable FCSA to more economically produce more than 10 million gallons of drinking water every day and the relocated plant will save FCSA customers over $1 million dollars annually by no longer requiring payments to Carmeuse for the purchase of water from quarries; Opequon Water Supply Plan, which will enable FCSA to draw up to 8 million gallons a day from the Opequon Creek. Commissioner Unger reported the operations report for December 2016: total customer base water 15,151; total customer base sanitary 14,659; rainfall 1.69" and the 12 month average is 3.05"; water production Diehl Plant 1.659 MGD; water production Anderson Plant 1.480 MGD; water purchases from City of Winchester 2.021 MGD. Transportation Committee — Mt2. 01/23/17 Commissioner Unger reported the committee held a lengthy discussion with Warren County in regards to taking tractor trailer trucks off of Reliance Road from Middletown to Route 522. He noted Frederick County plans to join Warren County to prohibit this due to the narrow road in certain areas. Development Review and ReL-ulations Committee (DRRC) — Mt11. 01/20/17 Commissioner Unger reported the committee elected Chairman and Vice -Chairman; Commissioner Unger will serve as Chairman and Keven Kenney will serve as Vice -Chairman. He continued a discussion was held on a request to include chiropractors as a conditional use in the RP District. He concluded also discussed was the potential additional permitted and conditional uses in the RA district. Board of Supervisors Report — Mt2. 01/11/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved the following items sent forth by the Planning Commission: Ordinance Amendment for Right -of -Way Widths for Family Lot Subdivisions; Ordinance Amendment for Discontinuance of Nonconforming Uses; Ordinance Amendment for the Removal of Motorcycle Repair in the B2 District; Ordinance Amendment for Indoor Recreation in the M1 and OM District; Ordinance Amendment for the Minor Site Plan Threshold. Supervisor Dunn noted the Board also reviewed the 2035 Comprehensive Plan. Citizen Appointments Chairman Wilmot appointed the following citizens for two committees. Appointed to the Comprehensive Plans and Programs Committee (CPPC) are: Jim Golladay; Kay Dawson from Red Bud District; Tony Morelli from Opequon District. Appointed to the Development Review and Regulations Committee (DRRC) are: Jay Banks, Back Creek District; Tim Stowe, Red Bud District; Dwight Shenk, Gainesboro District; Whit Wagner, Stonewall District. Frederick County Planning Commission Page 3408 Minutes of February 15, 2017 CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission's agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #02-17 for Express oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000' south of the Intestate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A -IF. Action — Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Assistant Director, Candice E. Perkins reported this is an application to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. She noted the Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Ms. Perkins presented a locations map of the property which is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000' south of the Interstate 81 Exit 313. Ms. Perkins continued the property is located within the Sewer and Water Service Area (SWSA) and the 2035 Comprehensive Plan identifies this property to be developed with commercial land uses. She noted the existing B2 as well as the requested B3 Districts both conform to this designation. Staff concluded with this rezoning the Applicant has proffered: • To exclude certain uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking). • Limit new commercial entrance access to the property to a right in/right out only partial access. • Inter parcel connectivity between the property and parcel 64-A-2 (IHOP) to facilitate access to the Front Royal Pike (Route 522)/ Travel Lodge Drive signalized entrance. • Provide a monetary contribution of $.10 per developed square foot for Frederick County Fire and Rescue Services. Commissioner Oates asked in regards to the proffer to exclude certain uses such as landscaping or transit services; is that something Staff requested the Applicant remove. Ms. Perkins noted it was not requested by Staff and it was something the Applicant provided. Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted a group that has traveled from Alabama to attend tonight's meeting: From Express Oil Change, John Davis; the contract purchasers, Charles Thompson and Kim Johnson. Mr. Wyatt reported Express Oil Change Frederick County Planning Commission Page 3409 Minutes of February 15, 2017 reflects a business model of the 10 minute oil change; they also do light auto service such as tires, alignments, and tune-ups. He noted this project will be the first Express Oil Change in the valley along the I-81 corridor, the fifth in the state of Virginia and he is pleased the group has considered our community as a first stop on the I-81 corridor. Mr. Wyatt elaborated on the proffer of inter parcel connectivity; the Applicant has an agreement with IHOP and the property owners which is circulating for all required signatures that will facilitate access to Front Royal Pike via the signalized entrance that is existing. Commissioner Ambrogi inquired will most of the operations be completed indoors. Mr. Wyatt confirmed that is correct. Commissioner Kenney inquired if there will be a traffic barrier in front of this location similar to the one in front of Costco. Mr. Wyatt confirmed there will be a barrier which will be designed then must meet the requirements and approval of VDOT. Commissioner Thomas asked for clarification if there will be 3 oil change bays and 2 service bays because in the proffers it reads 3 oil bays and 3 service bays and will the structure be the same square footage. Mr. Wyatt noted the building footprint had to be reduced therefore resulting in 5 bays total rather than 6. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Ambrogi, and seconded by Commissioner Unger BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #02-17 for Express oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000' south of the Intestate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A- IF. (Note: Commissioner Mohn and Commissioner Dunlap were absent from the meeting) ACTION ITEM Rezoning #01-17 DMJ Holding L.L.C. submitted by Painter -Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. The properties are located at the northwest corner of the District, and are identified by Property Identification Numbers 54A -4- 16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20. Action — Postponement Frederick County Planning Commission Page 3410 Minutes of February 15, 2017 Assistant Director, Candice E. Perkins reported this is an application to revise proffers associated with Rezoning #05-09. She continued this minor proffer amendment proposed to remove a proffer which currently prohibits fast food restaurants with drive through service windows. Ms. Perkins explained if this application is approved, the site would permit the construction of a fast food restaurant with a drive through service window if all other requirements are met. Ms. Perkins noted all other proffers will remain the same as in Rezoning #05-09. Ms. Perkins provided a location map of the property which is located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). She continued the potential impacts associated with this rezoning were reviewed by Staff and noted the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any day. Ms. Perkins noted this proffer remains unchanged from the 2009 approval. Ms. Perkins concluded if a fast food restaurant with a drive through service window is constructed on the parcel it would max out the hourly cap of the uses therefore the remainder of the property has the potential to remain undeveloped without a future rezoning. Commissioner Oates commented he does not agree this revision is minor and feels this should go to Public Hearing and allow the neighbors to have a voice, considering the traffic, noise, odors, that a fast food restaurant would create. He inquired if the increase in traffic is the only parameter looked at by Staff. Ms. Perkins explained when reviewing the allowance that is built into the zoning ordinance per the State Code, this met those allowances to be considered a minor proffer amendment. She continued the previous rezoning did not have any limitations on the hours of operation and it already allowed for a fast food restaurant; the only addition is the allowance for a drive through and it did not increase the maximum cap on the traffic, it still fell under the minor proffer amendment standards. Commissioner Thomas, Commissioner Unger, and Commissioner Kenney inquired how the 200 trips per hour would be monitored. Ms. Perkins explained this would be done through the site plan process and based on the trip generation manual; the use the Applicant is proposing along with the building square footage would have to equate to no more than 200 vehicle trips. Ms. Perkins noted the only enforcement would be prior to the final approval and based on the square footage and what it would generate based on the manuals. Ms. Perkins noted the potential would still exist under the previous rezoning because multiple buildings could have been constructed and still would have equated to the certain number of trips per day based on the manual. Commissioner Thomas commented if adding the drive through component will there be some type of protection for the neighbors from traffic headlights. Ms. Perkins noted under the site plan, landscaping would have to a 36 inch evergreen hedge screening for anything that would generate impacts to lighting. John Lewis of Painter -Lewis P.L.C. representing the Applicant came forward. Mr. Lewis presented a brief overview; since 2009 the original rezoning in which the use of a fast food restaurant with drive through service was proffered out, the only interest brought forward to the owners have been for a fast food restaurant. He continued when originally rezoned there were concerns from neighbors about a fast food restaurant at which time the owner decided to remove that option. Mr. Lewis explained regarding the trip limitations in the 2009 rezoning there was a 200 peak hour trip limit also, and at that time there was no concern raised on enforcement of this. He noted the reason for this rezoning is there has not been any interest in the parcel other than a fast food restaurant. Mr. Lewis continued, they met with the HOA in 2009 and that is how the original proffers were crafted; this time they have tried to contact the HOA and have not heard from anyone, then letters were sent to seven adjoining neighbors and they received a response from one. A final point made by Mr. Lewis is the current zoning ordinance has design standards all of which still apply to this rezoning. Commissioner Unger commented he agrees it will be highly unlikely a fast food restaurant would exceed the 200 trip limit in this area. Commissioner Thomas commented he finds it concerning that in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant Frederick County Planning Commission Page 3411 Minutes of February 15, 2017 with a drive through and now without giving anyone the opportunity to comment we would remove this proffer to allow the drive through. Commissioner Oates reiterated that he would be comfortable if this item were brought back before the Planning Commission as a Public Hearing. Upon motion made by Commissioner Thomas, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend postponement and a Public Hearing be held for Rezoning #01-17 DMJ Holding L.L.C. submitted by Painter -Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. The properties are located at the northwest corner of the District, and are identified by Property Identification Numbers 54A -4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20. (Note: Commissioner Mohn and Commissioner Dunlap were absent from the meeting) INFORMATION/DISCUSSION ITEMS Master Development Plan #01-17 for Freedom Manor submitted by Pennoni Associates Inc. on behalf of Freedom Manor, L.L.C. This application seeks to develop 47.54 acres of land zoned RP (Residential Performance) with 90 units single family detached and 100 units single family attached. The subject properties are located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644) in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64 -A -19,64-A-20, and 64-A-23. Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Planner, M. Tyler Klein reported this proposal to develop 47 acres of land zoned RP (Residential Performance) District with 90 single-family detached (SFD) clustered units and 100 townhouse units (total density of 5.47 units/acre). He continued the properties are located east and are adjacent to Papermill Road and approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike and Papermill Road. Mr. Klein explained the properties were rezoned in 2015 with the approval of Rezoning #11-15; this application was approved for the rezoning of 33.6819 acres from the RP (Residential Performance) District and 13.8596 from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. He noted that application enabled the construction of up to 300 residential units. Mr. Klein continued, access to the development will be provided via a roundabout intersection with Papermill Road, and access through inter parcel connections to the northwest through the Madison Village development. He noted the transportation network also includes a 10' pedestrian trail along Papermill Road, internal public roads with sidewalks, and a trail that runs the length of the common boundary with the Shenandoah Memorial Park. Mr. Klein concluded the Master Development Plan for Freedom Manor appears to be consistent with the requirements of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. Frederick County Planning Commission Page 3412 Minutes of February 15, 2017 Master Development Plan #03-17 for Southern Hills Phase H submitted by Greenway Engineering, Inc., on behalf of Arcadia Communities, L.L.C. This application seeks to develop 40.36 acres of land zoned RP (Residential Performance) and B2 (General Business) with up to 130 units single family detached cluster and right-of-way reserve area. The subject properties is located south of Stephens City, east side of Town Run Lane (Route 1012) in the Opequon Magisterial District, and is identified by Property Identification Number 85D-1-1-95. Planner, M. Tyler Klein reported this proposal is to develop 37.79 acres of land zoned RP (Residential Performance) District with 130 single-family detached units. He continued this MDP also included 2.56 acres of land zoned B2 (General Business) District of right-of-way reservation for a future major collector road (Southern Warrior Drive Extension). Mr. Klein noted the site is located east of Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane. Mr. Klein explained the property was rezoned in 2016 with the approval of Rezoning #I1-16), Southern Hills Phase II; this application revised the proffers for Rezoning #16-06 to allow for the construction of up to 130 single-family detached units and this proffer amendment changed the housing type mix to include only single-family detached units and decrease the total units by 102. Mr. Klein continued the South Frederick Area Plan of the Comprehensive Plan identifies this property with residential and commercial land use designations and the current RP (Residential Performance) and B2 (General Business) Districts zoning designations are supported by the Comprehensive Plan. Mr. Klein reported access to the site will be provided via an access drive from Town Run Lane, and will connect Southern Hills Phase I to the south via Westchester Drive. Mr. Klein continued, sidewalks will be included on either side of the internal streets for pedestrian connectivity within the development, and a 10' trail along Town Run Lane and preservation of the Ewing Family Cemetery in the southeast corner of the property. He noted the right-of-way for the new arterial (the future Southern Warrior Drive Extension) is reserved as shown on the MDP and the B2 portion. Mr. Klein concluded the Master Development Plan for Southern Hills Phase II appears to be consistent with the requirements of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. Mr. Evan Wyatt of Greenway Engineering representing the Applicant added clarification that the right-of-way dedication for future Southern Warrior Drive extended has previously been recorded. Annual Report Director, Michael T. Ruddy presented an overview of the key facts and figures contained within the annual report. He noted the Annual Report for 2016 will be forwarded to the Board of Supervisors and available to Planning Commissioners following the meeting. Frederick County Planning Commission Page 3413 Minutes of February 15, 2017 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:00 p.m. Respectfully submitted, Vne M. Wilmot, Chairman -Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3414 Minutes of February 15, 2017