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PC_03-02-05_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 March 2, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; Mane F. Straub, Red Budl District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice Perkins, Planner; David M. Beniamino, Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER ® Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of January 19, 2005 were unanimously approved as presented. Upon motion made by Commissioner Triplett and seconded by Commissioner Ours, the minutes of February 2, 2005 were unanimously approved as presented. COMMITTEE REPORTS Transportation Committee — 03/01/05 Mtg. Commissioner Kriz reported that the Transportation Committee considered a revision to the Eastern Road Plan and approved what was put forth. He said the Planning Commission will be receiving the plan • Fredrick County Planning Commission Page 1466 Minutes of March 2, 2005 -z- • sometime in the near future for their consideration. Winchester Planning Commission Chairman DeHaven stated that Mr. David Shore, City of Winchester Liaison, was kind enough to share the 2005 Work Program and Annual Report Summary for the City of Winchester. Chairman DeHaven said that he would share this information with the rest of the Commission. PUBLIC HEARING Conditional Use Permit 925 -04 of Dean A. Harvey for a Cottage Occupation Office Use and Off - Premise Business Sign at 4784 Front Royal Pike (Rt. 522 South). The properties are identified with P.I.N.s 94A -1- 11-4A (cottage occupation) and 94A -1 -2 -7 (off - premise sign) in the Opequon Magisterial District. Action — Recommended Approval with Conditions Planner David M. Beniamino reported that the proposed Conditional Use Permit (CUP) application is for a cottage occupation to accommodate an office use for a home - restoration business, as well as • an off- premise sign for the cottage occupation. Planner Beniamino stated that the proposed cottage occupation would occur at the applicant's residence, with no other structures associated with this CUP located on site; and, only one employee associated with the use will be on the site at any one time. Planner Beniamino reported that the applicant is also requesting a four -by -ten (40 square -foot) sign to be placed on the property that abuts Front Royal Pike (Rt. 522) and is directly in front of the property requested for the cottage occupation. Planner Beniamino noted that the Zoning Ordinance gives cottage occupation applicants the ability to request a four- square foot sign. He said that since there will be no customers coming to the site of the cottage occupation, the staff would not support a sign that is in excess of the four -square feet permitted. Planner Beniamino continued, stating that on February 28, 2005, the applicant, Mr. Dean Harvey, applied for a building permit for a 900 square -foot garage to be placed on the site; there is already an existing 700 square -foot garage on the property. Planner Beniamino stated that should this cottage occupation be recommended for approval, the staff would support an additional requirement that this new structure should not be associated in any way with the cottage occupation. He next read the list of recommended conditions, should the Commission find the use to be appropriate. Referring to the application form, Commissioner Moms said the applicant has stated that the business has three full -time employees and five trucks. Planner Beniaminio responded that his understanding is that Mr. Harvey is running an office use with one employee, a secretary, out of the home; however, all of the activity associated with his home restoration business is located off site and none of the employees come to Mr. Harvey's property. • Fredrick County Planning Commission Page 1467 Minutes of March 2, 2005 -3- Commissioner Straub asked for the anticipated location for the proposed 900 square -foot garage and Planner Beniamino pointed out the location on a map. Commissioner Straub wanted to know what the applicant planned to use the garage for. Mr. Dean A. Harvey, the applicant, said that he was seeking to have a larger sign for better exposure since the house sits so far back.. Mr. Harvey said the site is along the highway and there are signs of comparable size on both sides of him. Mr. Harvey said the 900 square -foot garage is for his vehicle, his wife's vehicle, and two lawn tractors. Mr. Harvey added that the 500 square -foot building on the left -hand side of the house will be tom down. Chairman DeHaven called for public comments, however, no one came forward to speak. Members of the Commission believed the proposed use was appropriate id should not create any significant impacts to adjoining properties; however, they were not in favor of allowing a larger sign than what is permitted by the zoning ordinance for cottage occupations. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 425 -04 of Dean A. Harvey for a cottage occupation office use and off - premise business sign at 4784 Front Royal Pike (Rt. 522 South). The following conditions apply to the cottage occupation office use for a home - restoration business: (Applicable to PIN 94A- 1- 11-4A) ie 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time on the site. Any proposed business signs shall conform to the cottage occupation sign requirements and shall not exceed four square -feet in size. 4. No more than one employee vehicle and one company vehicle will be parked on site at any one time. 5. Any expansion or modification shall require approval of a new conditional use permit. (Applicable to PIN 94A- 1 -2 -7) The following conditions apply to the cottage occupation's off - premise sign: Sign shall not exceed four square -feet in area, per Section 165- 30(H)2 of the Frederick County Zoning Ordinance. 2. The sign shall only be utilized in association with the cottage occupation on PIN 94A -1 -1 I4A. 3. Before this sign may be constructed, a sign permit shall be obtained from the Frederick County Building Official. (Commissioner Thomas was absent from the meeting.) C , J Fredrick County Planning Commission Page 1468 Minutes of March 2, 2005 -4- • PUBLIC MEETING Master Development Plan #03 -05 of Whitehall Commerce Center, submitted by G. W. Clifford & Associates, Inc., a division of Patton, Harris, Rust & Associates, PC, for commercial and industrial uses located east and adjacent to the intersection of Martinsburg Pike (Rt. 11) and Rest Church Road (RL 669). This property is further identified with P.I.N.s 34 -A -2 and 34 -A -4 in the Stonewall Magisterial District. Action — Recommended Approval Commissioner Light said that he would abstain from all discussion and voting on this master development plan, due to a possible conflict of interest. Planner Candice E. Perkins reported the proposal is to develop 112 acres of land, zoned M1 (Light Industrial) and B2 (Business General) with commercial and industrial land uses. Planner Perkins believed the master development plan (MDP) was generally consistent with the approved rezoning and the generalized development plan (GDP) submitted with the rezoning. She next reviewed the proffers that were made at the time of the rezoning of this property. Planner Perkins noted that there are some minor concerns, however, that remain. First, the southern commercial entrance is proffered to be a right- in/right -out only; in order to promote a safe entrance, staff believes that a median should be implemented on Rt. 11 to prohibit inappropriate left -turn movements. Second, ® per comments from the Public Works Department, the MDP should include sinkholes, wetlands, and natural retention areas in its analysis of existing environmental features. Recognizing the existing traffic signal at Rest Church Road and Rt. 11, Commissioner Straub inquired if an additional signal was planned for the Woodbine Road/ Rt. 11 intersection. She also asked for the distance between the two intersections and if any improvements were planned for the Woodbine intersection. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., a division of Patton Hams Rust & Associates, PC, the design engineers for the project, stated that there is about 1,600 feet or one - quarter mile between the two intersections mentioned by Commissioner Straub. Regarding the sinkholes and wetlands, he stated that a broad examination of the site is done at the MDP stage; however, the proffers indicate that a complete geotechnical analysis will be done on every site and submitted to the County at the site plan stage. He said that each individual industrial site will prepare its own geotechnical analysis. Commissioner Gochcnour pointed out the comments from the Public Works Department requesting that obvious sinkholes be accurately delineated during the MDP phase of the project to avoid locating roads and stormwater management facilities in these areas. She said that in addition, the Public Works Department requested a detailed wetlands study be performed to accurately delineate these areas and the results should be tabulated under the environmental features listing shown on the preliminary MDP. Commissioner Gochenour also inquired about the proposed location for Business Boulevard. Mr. Maddox said that after the approval of their MDP and the establishment of uses on the site, sink hole remediation plans will be submitted to the County prior to applications for building permits. Regarding Business Boulevard, Mr. Maddox explained that until they do the site plans, they will not have enough Fredrick County Planning Commission Page 1469 Minutes of March 2, 2005 -5- information to fix the location for Business Boulevard. He said that they have shown a connection from Rt. 11 to Woodbine for continuity purposes. • Commissioner Unger asked for clarification of the issue with the southern entrance. Mr. Maddox replied that they have agreed the entrance will be a right- in/right -out only and controls will be built into the entrance to ensure this takes place. He said the staff is seeking a decision to use a raised concrete median in Rt. 11; however, that decision will have to be made by VDOT during the facility design phase of development. Chairman DeHaven called for public comments, however, no one came forward to speak. Regarding the debate on when sinkholes and wetlands need to be identified, Planning Director Eric R. Lawrence stated that the zoning ordinance requires that sinkholes and wetlands be identified on the MDP and a detailed analysis is conducted at the site plan stage to show how these areas will be addressed. Therefore, he believed the County Engineer's comment was accurate and the delineation of those environmental features needs to be indicated on the MDP before approval signatures can be provided. In light of the Planning Director's comments, Mr. Maddox said that they have no problem delineating those environmental features on the MDP and they will do so. However, the detailed geologic and geotechnical studies will come at the final plat stage. 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 Master Development Plan 903 -05 of Whitehall Commerce Center, submitted by G. W. Clifford & Associates, Inc., a division of Patton, Harris, Rust & Associates, PC, for commercial and industrial uses located east and adjacent to the intersection of Martinsburg Pike (Rt. 11) and Rest Church Road (Rt. 669) by the following majority vote: YES (TO APPROVE) Manuel, Triplett, Kriz, Ours, DeHaven, Morris, Unger, Watt NO: Gochenour, Straub ABSTAIN Light (Commissioner Thomas was absent from the meeting.) Master Development Plan 904 -05 for Kernstown Commons, submitted by G. W. Clifford & Associates, a division of Patton Harris Rust & Associates, PC, for commercial use. This property is located at the southeast corner of the intersection of Rt. 11 and Rt. 37 in Kernstown. The property is further identified with P.I.N. 75 -A -10 in the Shawnee Magisterial District. Action - Recommended Approval Planner Candice E. Perkins reported that this Master Development Plan (MDP) is a proposal to develop approximately 31 acres of existing B2 (Business General) land with commercial land uses. Planner Perkins stated that this property was depicted with B2 Zoning on the original Frederick County Zoning Maps and, • Fredrick County Planning Commission Page 1470 Minutes of March 2, 2005 therefore, does not have any proffers associated with it. She next reviewed some outstanding issues that the staff • believes still remain: Medians - the site's proximity to 1 -81 and its gateway status suggests that this property should contain landscaped medians to divide Route 11. She said that while this section of Rt. 11 currently contains grass medians, this project proposes to remove them to expand Rt. 11. Corridor Design Standards - this property is identified as being located within a business corridor by the 2003 Comprehensive Policy Plan and the plan envisions a planted median strip when Rt. 11 South becomes four lanes. Ms. Perkins said that by removing the median strips from Rt. 11, this MDP is not in conformance with the policies of the Comprehensive Policy Plan. Planner Perkins stated that it would be appropriate for the applicant to work with Frederick County and VDOT to ensure that planted median strips remain in the center of Rt. 11; this could possibly be accomplished by the applicant providing additional right -of -way on the site to accommodate both the widening of Rt. 11, as well as the preservation of the existing median strips. In addition, the Comprehensive Policy Plan calls for the use of extensive setbacks and monumental signs along Rt. 11. She said it would be appropriate to limit the height of signs and incorporate only monumental -style signs, and to utilize additional landscaping and berms, architectural standards, and increased parking lot screening. Limited Access Break - the MDP depicts two full commercial entrances and one right- in/right -out. The applicant is still working with VDOT to get approval for a limited access break for the two northernmost entrances due to the proximity to the interchange. Ms. Perkins said the staff could potentially support the access break for the northernmost full entrance because it seems like a logical location for a gateway into the County. However, the right- in/right -out at this point, is not supported. The support for the break in access for the full entrance would be contingent upon VDOT's final decision regarding this entrance. She said the staff would like to point out that the support of this break access should ensure that the applicant incorporates the visions of the Comprehensive Policy Plan in this MDP and the development of the site. • Private Road Network - this development is proposing to utilize a private road network. Ms. Perkins stated that if any subdivision of lots is to occur, a waiver to allow commercial lots to be accessed by a private road must be approved by the Board of Supervisors. Interstate Area Overlav Signs - the MDP states that interstate overlay signs shall be allowed. Ms. Perkins stated that it should be clarified on the plan that only one sign is permitted for the entire site. Stormwater Pond - the stormwater pond for the development is located within the limits of use for I -81. Ms. Perkins said the staff believes the location for the pond is inappropriate and the limited use for I -81 should remain vacant. She noted that this pond could potentially be eliminated when the interchange is improved and she encouraged the applicant to plan for a logical place of relocation for the pond. Limited Use of I -81 - the limited use for I -81 should not contain any features or structures, which also includes signs and buildings. Ms. Perkins said that a note should be placed on the MDP to this affect. Interoarcel Connector - an inter - parcel connector should be provided to the adjacent Miller -Honda site to provide for future potential improvements. Landscaping Along I -81 - additional landscaping should be utilized along I -81 to screen any loading areas or equipment from I -81. Waterline to Miller -Honda property - the water service will be provided to the site via an existing eight -inch water main located on the west side of Rt. 11. Ms. Perkins said the site will not utilize water lines shown on the adjacent Miller property as suggested on the MDP. Fredrick County Planning Commission Page 1471 Minutes of March 2, 2005 -7- Planning Director Eric Lawrence stated that the list of issues raised by Planner Perkins was ® provided to the applicant by letter in June of 2004. Director Lawrence said that when the MDP was submitted two weeks ago, none of the items were addressed. He said that while the staff recognizes the importance of this location from a commerce perspective, it is a gateway into the community and offers an opportunity to implement some of the corridor design standards identified by the County. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, a division of Patton Harris Rust & Associates, PC, the design engineers for the project, stated that this site has been zoned for many years, dating back to the early 70s or 80s. Mr. Maddox said they have been working closely with VDOT and are conducting a full transportation impact analysis (TIA) of the project. He noted that they are seeking a limited access break by lining up the entrance to this project across from the ramp entrance from Rt. 37 to Rt. 11, but the decision had to be postponed by VDOT past the MDP stage, due to the long -range planning issues involving I -81 and the Rt. 37 interchange. He said the plan before the Commission tonight will work with a single entrance; however, they will continue to apply for the second entrance, which will ultimately be the primary entrance into this site. Mr. Maddox next proceeded to address the issues raised by the staff. Referring to the median issue, Mr. Maddox said they are continuing to examine this situation and if the median is possible to implement, they will do so. He said that the initial analysis, however, indicates that, with the number of lanes and lane transitions required for safe passage through this area bye the traveling public, coupled with the gap distance of the bridge over Rt. 11, it may not be possible to incorporate grass medians without major transformation of the bridge system and other issues. He believed the =continue continue to surface in this corridor where specific recommendations have been made for beautification and, ultimately, VDOT's design approval will deal with this issue. Mr. Maddox believed the solution would involve undertaking an engineering study with VDOT, which would be incorporated into the Six -Year Plan and approved every year. Mr. Maddox said that if there are specific primary corridors the County wants to protect and to incorporate medians, ® then the engineering necessary to implement those should be done before an applicant comes in with a plan. It is the applicant's responsibility then, to make the plan work as best he can; he said this was currently being done on Rt. 277. Mr. Maddox said that in all likelihood, the horizontal and vertical design requirements of VDOT, will predict what actually occurs there. Referring to the extensive setbacks issue, Mr. Maddox said that one of the early site plans created for the property indicated setbacks for structures off of the right -of -way line in the 75 -85 -foot range, which exceeds the 50 feet. He added that they were not proffering more than the 50 -foot setback required by the B2 ordinance requirements. Regarding the private road system, Mr. Maddox said that VDOT's program is aimed at maintaining and owning roads within residential subdivisions. He said the subdivision of a commercial site on a private street, which is governed by a commercial property owners association, seems to be an acceptable way to accommodate this. He noted that the costs are not directly placed on VDOT or the County to service the street. Mr. Maddox stated that the MDP indicates that Interstate Area Overlay signs shall be allowed, and they will specifically indicate on the MDP that only one sign is permitted on the entire site. Regarding the proposed location for the storm water pond and the pump station, Mr. Maddox responded that they have accepted the 1999 consultant's recommendations for the improvements of I -81 and the Rt. 37 interchange, which includes the complete reconstruction of that interchange. He said that all bridges are to be removed and new collector /distributor lanes are to be constructed, both east and west of I -81 and north and south of Rt. 37, with a cloverleaf connecting the collectors and distributors. Mr. Maddox said that the owners Fredrick County Planning Commission Page 1472 Minutes of March 2, 2005 ffcE have agreed that this land should be shown on the plan and everything possible done to stay out of that area with r fixed facilities and structures that may impede interchange improvements. Mr. Maddox said that it was certainly within the owners' right, however, to use this area for storm water management and other non - structural uses. Mr. Maddox next addressed the staff's comment regarding the suggested inter-parcel connector to the adjacent Miller -Honda site. Mr. Maddox described the Miller -Honda site as a primary- focused, used -car lot, while the applicant's proposal is a life -style center with traffic moving in several directions. Mr. Maddox agreed to work with staff on the connector issue, but he was not sure how it would work. With respect to staff's comments, Chairman DeHaven stated that he would not want to force an inter -parcel connector on the adjacent Miller site, whose owner had a long - established business, using the site the best they saw fit; he also pointed out that the site was curb and guttered. Chairman DeHaven believed the connection would have to happen at the request of the Millers. Mr. Maddox continued, stating that the site's primary water feed will come from across Rt. 11, which is where the staff recommended it should come from, and it will be looped for hydraulic efficiency. Chairman DeHaven suggested that any speculative connections not be placed on the plan. Commissioner Straub stated that as this site is being developed, she hoped that alternate design standards would be incorporated that would reflect the heritage standards of the community. Commissioner Morris suggested that the inter -parcel connector might provide an alternative method of accessing the property for fire and rescue purposes. In addition, he stressed the importance of corridor appearance and he believed the County was quickly losing opportunities to accommodate corridor appearance. Commissioner Morris said that the median issue is strictly one of corridor appearance and if it turns out that the median would have to be removed because of extensive setbacks, he would be willing to compromise on the setback distances in order to keep the median. He was in favor of allowing flexibility in the process to provide • corridor appearance. Commissioner Morris further added that none of the TIAs incorporates I -81; he asked how the traveling public will exit I -81, in relation to Rt. 37 and Rt. 11, to get to a motel or restaurant Chairman DeHaven expressed concern about the possibility of having seven to eight lanes without any restriction and he believed a median would supply that safety measure, especially with the traveling public who may not be familiar with the local traffic patterns. He said that if the only compelling issue is the proximity of bridge, then perhaps more creative approaches need to be studied for a main entrance that could possibly provide distance and greater flexibility. Mr. Lloyd Ingram, VDOT representative, came forward to answer questions from the Commission. In reply to Commissioner Morris' observations, Mr. Ingram said that VDOT is utilizing 8% by- pass traffic in the TIA. He said that the 8% (1,500 -1,600 trips per day) is incorporated in the total number, however, the exit ramps are not identified. He said the TIA was extensive; it included the Artrip property and as far south as Wakeland Manor. Mr. Ingram stated that there will be challenges on the Rt. 11 condor with the existing bridge and transition lengths; he said it is tight and it will be a challenge to maintain the existing median. Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioner Light asked the staff if any of the items mentioned still remained as a potential problem. Planning Director Lawrence believed the key was discussion and for items to be addressed as the process moves along. Commissioner Light was in favor of accepting the waiver for private streets; he commented that the median will have to be left up to VDOT; the inter -parcel connector is something that can be looked at and discussed; and the storm water management appears to be acceptable. Commissioner Light stated that it seemed Fredrick County Planning Commission Page 1473 Minutes of March 2, 2005 won to be the consensus of opinion that this site was in a corridor design area and the Commission would like to achieve the best design standards available through the Comprehensive Policy Plan. Other members of the Commission voiced their support of the project. Upon motion made by Commissioner Moms and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #04 -05 for Kemstowm Commons, submitted by G. W. Clifford & Associates, a division of Patton Harris Rust & Associates, PC for commercial use. (Commissioner Thomas was absent from the meeting.) DISCUSSION SUMMARY OF THE FREDERICK COUNTY PLANNING COMMISSION RETREAT Planning Director Eric R. Lawrence reported that the staff compiled the comments that were made at the Planning Commission's 2005 Retreat. He said that as the Planning Commission and staff move into the UDA Study, the staff will attempt to address those questions that the Comprehensive Policy Plan Committee and the working group believe should be a part of the ultimate UDA recommendation. • Planning Director Lawrence referred to the handout the Commission received this evening, noting that it was the project prioritization for the coming year. Mr. Lawrence believed that the Commission, the Board, and the staff were all on track with the project priorities identified last year. He said that the long -range and short-range planning projects have been consistently prioritized. He added that the top project is, indeed, the UDA Study with incorporation of the Triangle Study. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:25 p.m. submitted, S. DeHaven, Jr., Chairman I. R. Lawrence, Secretary 0 Fredrick County Planning Commission Page 1474 Minutes of March 2, 2005