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PC_04-20-05_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 April 20, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; Gary W. Dove, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Cordell Watt, Back Creek District; June M. Wilmot, Shawnee District; Robert A. Morris, Shawnee District; and Richard C. Ours, Opequon District. STAFF PRESENT: Eric R. Lawrence, Planning Administrator; Susan K. Eddy, Senior Planner; Bernard S Clerk. Director; Mark R. Cheran, Zoning & Subdivision . Suehicital, Zoning Inspector; and Renee' S. Arlotta, CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. • MINUTES Upon motion made by Commissioner Kri z and seconded by Commissioner Triplett, the Planning Commission minutes of March 16, 2005 were unanimously approved as presented. Comprehensive Plans & Programs Subcommittee (CPPS) Chairman DeHaven reported that the CPPS continued discussion on the WJELUP (West Jubal Early Land Use Plan) and also discussed the continuing work on the RA (Rural Areas) Plan. Frederick County Planning Commission Page Minutes of April 20, 2005 — 2 — U Historic Resources Advisory Board (HRAB) — 04/19/05 Mtg. Commissioner Gochenour reported that the HRAB adopted new submission requirements; they expressed a desire to create a list of significant properties on which to focus through site visits and by identifying economic advantages; and they expressed a desire to revitalize the Historic Plaque Program. She said that meeting guidelines were also discussed. Economic Development Commission (EDC) of May, 2005. Commissioner Thomas reported that the EDC will be having a retreat on the second Friday Sanitation Authority — 04/19/05 Mtg. Commissioner Unger reported the following information from the Sanitation Authority meeting: March rainfall was down at 2.25 inches; all plants are functioning well; the quarries have supplied 4.6 million • gallons of water; the SA's five -year plan was reviewed and it was decided that both plants will need to be upgraded to increase capacity; and the Shenandoah property at Lake Frederick is being evaluated to bring that plant on line in the near future. Winchester City Planning Commission Winchester Planning Commission Liaison, Mr. David Shore, reported that the Winchester Planning Commission recently updated its Comprehensive Policy Plan and submitted it to City Council for approval. Mr. Shore said that a new PC (Planned Commercial) District was created to replace the Shopping Center District; this has been approved by the Council. In addition, he said that a Corridor Enhancement Overlay District was created and its purpose would be to establish aesthetic standards for the corridors leading into the City; this also has been submitted to Council for approval. PUBLIC HEARING 2005 -2010 Agricultural and Forestal District Update - Renewal of the South Frederick and the Double Church Road Districts to establish a total of 6,216 acres within the Agricultural and Forestal District Program for the ensuing five -year period. Properties incorporated into an Agricultural and Forestal ® District are guaranteed protections as specified in Section 15.2 -4300 of the Code of Virginia. Frederick County Planning Commission Page 1500 Minutes of April 20, 2005 — 3 — ® Action — Recommended Approval Planning Director Eric R. Lawrence reported that the Code of Virginia requires Frederick County to renew its Agricultural and Forestal Districts every 13veyears, and this was last done in May of 2000. Director Lawrence stated that Frederick County has three Agricultural and Forestal Districts: the South Frederick, the Double Church Road, and the Refuge Church Road Agricultural and Forestal Districts. He said the staff has concluded that under the requirements of Chapter 43, Section 15.2 -4300, not enough property owners have renewed their applications to keep the Refuge Church Road District; however, both the South Frederick and Double Church Road Districts remain eligible for renewal. Mr. Lawrence continued, explaining that part of the review and renewal process is that the Planning Department works in conjunction with the Extension Services Department to contact all of the property owners who were previous members of districts and to open up the opportunity for others in the community who may wish to participate. He said that this year, there has been a dramatic decrease in the number of properties that have either renewed their participation or new properties asking for inclusion into the districts. He said the staff believes that the County's ongoing Rural Areas (RA) Study could account for some of the low participation rates. The property owners that staff has spoken with said they were interested in the program, but they did not want to commit until they know the outcome of the RA Study. He said that once the Rural Areas Study is completed in the Fall, the County will offer property owners another opportunity to participate in the Agricultural and Forestal Program. Mr. Lawrence stated that the Agricultural Advisory Committee recommended the approval of the renewal of the aforementioned Agricultural and Forestal Districts at their meeting of March 29, 2005. He said ® that following the Planning Commission's public hearing, a recommendation to the Board of Supervisors would be appropriate. A member of the Commission asked what the advantages were for a property owner to participate in the Agricultural and Forestal Districts. Mr. Lawrence believed the most significant advantage would be that it promotes the agricultural use of the property and discourages transportation and utility improvements by local and state governments. In addition, he said that members of the districts qualify for the Land Use Taxation Program. Chairman DeHaven next called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Renewal of the 2005 -2010 Agricultural and Forestal Districts, which will include the South Frederick Agricultural and Forestal District and the Double Church Road Agricultural and Forestal District. The renewal of these districts will establish a total of 6,216 acres within Frederick County's Agricultural and Forestal District Program for the ensuing five -year period. (Note: Commissioners Watt, Light, Wilmot, Ours, and Morris were absent from the meeting.) CJ Frederick County Planning Commission Page 1501 Minutes of April 20, 2005 — 4 — • Rezoning #05 -05 for Marathon Bank, submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District. The properties are located on the south side of Northwestern Pike (Rt. 50W), west and adjacent to Ward Avenue (Rt. 1317), approximately 900' west of the Rt. 37 Interchange. These properties are identified by P.I.N.s 5313-3-5,53B-3-6,5311-3-7, and 53B -3 -8 in the Back Creek Magisterial District. Action — Recommended Approval with Proffers Ms. Susan K. Eddy, Senior Planner, reported that this request is to rezone 1.0 acre of land from RA (Rural Areas) District to the B2 (Business General) District with proffers that would limit the commercial use to general office and bank with a gross leasable floor area not to exceed 8,000 square feet. Ms. Eddy stated that the site is within the Sewer and Water Service Area (SWSA) and is also located within the boundaries of the Round Hill Community Land Use Plan (LUP). She added that the Round Hill Community LUP recommends corridor appearance standards for enhanced landscaping and reduced signage and the plan also discourages individual entrances on Rt. 50. Ms. Eddy said the staff would encourage further consideration of the elimination of the proposed Rt. 50 entrance and the consideration of an inter - parcel connector with the property to the west. In addition, the staff also encourages increased landscaping and reduced signage as recommended in the Round Hill Plan, a commitment from the applicant on the provision of public water and sewer, and the provision of a turn lane onto Ward Avenue. The staff pointed out that VDOT had no comment on the right -in only lane along Rt. 50; however, VDOT will require a right -turn lane onto Ward Avenue. It was also noted that VDOT agreed with the • applicant that the Rt. 50 intersection would function at a Level of Service "D" with or without the proposed bank. A member of the Commission inquired if there was sufficient right -of -way available for the deceleration lane coming east on Rt. 50 and if the right -in only lane heading east into the bank would be off of the deceleration lane. Ms. Eddy replied yes to both questions. Mr. Charles W. Maddox, Jr., P.E. with Patton Harris Rust & Associates, Inc., the design and engineering firm representing the applicant, stated that the landscape buffer will be fully detailed on the generalized development plan (GDP) prior to the Board of Supervisors meeting and will exceed the minimum requirements of the zoning ordinance. Mr. Maddox provided an artist's rendering of the building prototype proposed for the site. He said that an agreement will be placed within the proffer to limit the height of the monument -style sign to 20 feet, which is consistent with the other commercial signs in the area. Mr. Maddox added that their TIA indicates that a full right -turn lane will not be required based on this site's impacts, however, future impacts may create that need and they are committed to construct the full right -turn lane. Mr. Maddox continued, stressing the need for the proposed right -in -only turn on Rt. 50 in order to make this a viable bank site. He believed the turn lane would help to ease traffic flow by moving traffic off of Rt. 50 eastbound and into the site, instead of vehicles proceeding through to the traffic signal and adding to the congestion at the light. Commissioner Kriz pointed out that the Round Hill LUP calls for landscaping consisting of shade trees along Rt. 50 and he asked Mr. Maddox to comment. Mr. Maddox replied that they envision flowering shrubs along Rt. 50, roughly three to three- and -a -half feet high, to serve as a ground screen to the parking area. He said that trees were not proposed in this area because they believed there would be sight- distance issues by VDOT. He said they intend to plant flowering and deciduous trees within the median islands of the parking lot Frederick County Planning Commission Page 1502 Minutes of April 20, 2005 — 5 — and along the edges of the parking lot. Mr. Donald L. Unger, Chairman and C.E.O. of Marathon Bank, came forward to answer questions from the Commission. Referring to the artist's rendering of the proposed bank building, Mr. Unger said this was the prototype they have previously built. He said that based on their analysis, they can place this same footprint on this site. He said that drive - throughs will be placed in the rear, which will be aesthetically pleasing from the road frontage, and the exit will be on Ward Avenue. He added that the building will be a total brick structure. Chairman DeHaven called for public comments, however, no one came forward to speak. Regarding the staff's recommendation for an inter -parcel connector with the property to the west, the applicant was agreeable to possibly using a portion of the 25 -foot inactive buffer at the rear of the property, should the adjoining property owner desire to have that connection. Although the Commission supported the recommendations within the Round Hill LUP, they were sympathetic to the applicant's request for a right -in only with the deceleration lane on Rt. 50 for this site. It was pointed out that prior to this proposal, three residential driveways accessed Rt. 50 at this location. Members of the Commission also sought to have the applicant offer a reduction in the size of the proposed sign to enhance corridor appearance; however, the applicant only offered to limit sign height. Considering all of these issues, the Commission still believed this was an appropriate use for this particular parcel and they were in support of its approval. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, is BE IT RESOLVED, That the Frederick County Planning Commission does hereby unaniLously recommend approval of Rezoning 405 -05 for Marathon Bank submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District with proffers by the applicant. i (Note: Commissioners Watt, Light, Wilmot, Ours, and Morris were absent from the meeting.) PUBLIC MEETING A request by Greenway Engineering, on behalf of Mr. David Hicks, the owner of Old Massey Store, to consider a buffer distance waiver under the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165- 371)(1)(a), Buffer and Screening Requirements, to allow for elements of a parking lot to be located within ten feet of the adjoining property. This property is located in the northwestern quadrant at the intersection of North Frederick Pike (Rt. 522 N.) and Burnt Church Road (Rt. 678), and is identified with P.I.N. 42 -A -81 in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the waiver will not alter the office setback lines or change the General Development Plan (GDP), which included a building footprint of 800,000 square feet, proffered through Rezoning 406 -04. He said the applicant will be required to provide all elements of a full landscaped buffer, including a six -foot high opaque fence between the Hicks and the Flowers Frederick County Planning Commission Page 1503 Minutes of April 20, 2005 • properties. Mr. Cheran stated that the applicant has acquired the consent of the adjoining property owner, which has been included the Commission's agenda. Mr. Cheran added that the ordinance amendment to allow the waiver to occur was approved by the Board of Supervisors on March 9, 2005. Mr. Evan A. Wyatt with Greenway Engineering, representing the property owner, Mr. David Hicks, recalled the issue of their inability to accommodate the required parking on the Old Massey Store Site Plan because of the shape and size of the site. Mr. Wyatt said they had attempted to work out a proposal for a common shared buffer and screening easement agreement with the adjoining neighbor; however, it was discovered that this was not an available option. He said that consequently, they went through an ordinance amendment that resulted in a waiver provision. Mr. Wyatt stated that a third item was added to the agreement, which surfaced at the Board of Supervisors meeting concerning the owners consent, should the property be sold. Mr. Wyatt said that if the Board approves their waiver, the applicant has agreed to have the owner's consent legally recorded so it remains with the deed to the property. Therefore, any future title search work would surface the circumstances regarding this particular property. Mr. Wyatt continued, noting that the structure still remains 50 feet from the property line; however, the parking lot does encroach in what normally would be the inactive buffer. He ,said the back of the curb on the parking lot is about 10yz feet off the Flowers' property line. Mr. Flowers owns of the adjacent properties, one of the properties contains a residential dwelling, while the other property contains only an out- building. Mr. Wyatt said that the screening clement will continue to the limits of their parking lot, even though it does not adjoin the property with the dwelling. He added that the finished side of the fence will be facing the Flowers' property. There were no public comments. Commission members believed this was a reasonable request and no outsitanding issues were raised. Upon motion by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request by Greenway Engineering, on behalf of Mr. David Hicks, the owner of Old Massey Store, for a buffer distance waiver under the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165- 371)(1)(a), Buffer and Screening Requirements, to allow for elements of a parking lot to be located within ten feet of the adjoining property. (Note: Commissioners Watt, Light, Wilmot, Ours, and Morris were absent from the meeting.) Frederick County Planning Commission Page 1504 Minutes of April 20, 2005 — 7 — • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:00 p.m. Respcc �]ly submi _ g Cha DeHaven, Jr., Chairman rles . Eric wrence, Secretary E 0 Frederick County Planning Commission Page 1505 Minutes of April 20, 2005