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PC_02-01-06_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 February 1, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At- Large; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; Gary R. Oates, Stonewall District; Richard C. Ours, Opequon District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John Bishop, Transportation Planner; Susan Eddy, Senior Planner; Candice Perkins, Planner II; Bernard Suchicital, Planner; Kevin Henry, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. INTRODUCTION OF JOHN J. BISHOP TRANSPORTATION PLANNER Chairman Wilmot introduced Mr. John J. Bishop, Frederick County's Transportation Planner, who began his employment in the Planning Department on January 30, 2006. Chairman Wilmot welcomed Mr. Bishop on behalf of the entire Planning Commission. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the December 7, 2005 Planning Commission meeting were unanimously approved as presented. U Frederick County Planning Commission Page 1673 Minutes of February 1, 2006 -z- 0 COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 01/26/06 Mtg. Chairman Wilmot reported that the DRRS did not have a quorum; however, Zoning and Subdivision Administrator, Mark R. Cheran, reviewed the work that has been done on the sign ordinance and also talked about upcoming projects. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 410 -05 of William Broy for an off - premise business sign to be located at 3605 Valley Pike. This property is identified with P.I.N. 63 -A -84 in the Shawnee Magisterial District. • Action — Tabled Planner Kevin Henry reported that this conditional use permit (CUP) is for an off - premise business sign proposed along the Route 11 South Corridor at 3605 Valley Pike; the property is zoned B3 (Industrial Transition) and consists of 0.33 acres. He said the sign will need to be set back ten feet from the property lines and contain no more than 100 square feet in area. Mr. Henry added that the Comprehensive Policy Plan recommends methods to preserve the appearance of the Route 11 South Corridor and specifically states to, "... limit or prohibit the use of off -site signs and encourage the use of monument -style signs." He said the Plan further suggests that controls along primary highways play an important role in establishing the character of business corridors. Mr. Henry said the staff is recommending, therefore, that this monument -style sign contain no more than 80 square -feet in face area, that it be limited to 12 feet in height, and that the open space at the bottom of the sign be removed. be appropriate. Mr. Henry next read a list of recommended conditions, should the Commission find the CUP to Mr. William A. Broy, the applicant, did not believe the 12 foot height and 80 square -foot face area recommended by the staff would be sufficient to provide good visibility. He described the size and style of the structure he had in mind. Mr. Broy said he wanted to keep the bottom of the sign off the ground so it would not be hit by gravel or mowing machines because of the cost to replace a damaged sign. Mr. Broy requested that his proposed sign be allowed to be 100 square feet in face area and 16 -feet in height. • Frederick County Planning Commission Page 1674 Minutes of February 1, 2006 -3- Commissioner Kriz asked Mr. Broy how many existing and potential business were located behind him and Mr. Broy named five existing businesses, with the potential for five or six more. Commissioner Kriz also asked Mr. Broy if the entrance to his house was off of the highway and Mr. Broy replied yes; however, because of the traffic, it was a dangerous access. Mr. Broy believed a traffic light was needed here. Planning Director Eric R. Lawrence commented that the staff is simply attempting to establish a standard. He said the policies of the County suggest that off - premise signs are not appropriate; however, there are occasions where an entrance sign of this type is beneficial for an unmarked development center. He said the sign should be a monument -style sign that is sized appropriately for the area. Mr. Lawrence explained that traffic in this area should be slowing down because of the new traffic signal at Hood and, ultimately, there will be an additional traffic light at Commonwealth; these traffic lights will slow dowry the traffic and, therefore, a large sign should not be necessary. Chainnan Wilmot called for public comments and the following person came forward to speak: Mr. Ron Hodgson, the owner of Sportsplex, located in the Shawnee District, calculated the potential for 15 -20 businesses that could be approached off of Commonwealth Court. He said he has spent years trying to get a traffic light there because it is a hazardous intersection. Mr. Hodgson said that Sportsplex itself has about 400,000 visitors annually and represents on any particular given week 10- 12,000 vehicles going through that intersection. Mr. Hodgson said that Sportsplex has had a problem with patrons finding them; for example, he said last weekend they had 15 college hockey teams, from New England all the way down to North Carolina, for tournaments and he had numerous comments about the difficulty they had finding his facility. Mr. Hodgson said that he would like to meet with Mr. Broy before the Commission made a decision on the CUP, because he was concerned that an 80 -100 square foot sign would not be large enough to serve the business park • area into the future. Mr. Broy returned to the podium and requested that the Commission table his CUP until he could work out some of the issues and meet with Mr. Hodgson. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table consideration of Conditional Use Permit 410 -05 of William Broy for an off - premise business sign, at the applicant's request, in order to allow the applicant sufficient time to work out the issues and meet with adjoining property owners. (Commissioner Manuel abstained from voting and Commissioners Thomas, Watt, Oates, and Ours were absent from the meeting.) Consideration of the establishment of Red Bud Agricultural and Forestal District, a new Agricultural and Forestal District containing 879.98 acres with 43 parcels and managed by 24 property owners. The proposed Red Bud Agricultural and Forestal District is located in the Stonewall Magisterial District, along Red Bud Road, Pine Road, and Burnt Factory Road, north of Berryville Pike (Rt. 7), and east of I- 81, and straddling Red Bud Run. i Action — Recommended Approval Frederick County Planning Commission Page 1675 Minutes of February 1, 2006 -4- . Planner Bernard S. Suchicital reported that all of the parcels in and surrounding the district are in agricultural or residential use. Mr. Suchicital stated that the proposed District lies outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), with the exception of one two -acre parcel, which he identified on the overhead screen for the Commission. Mr. Suchicital said that approximately half of the district is designated as developmentally - sensitive area (DSA); the remaining parcels currentlyhave no land use designation, which indicates the area should remain Waal. Mr. Suchicital added that this proposed district was presented to the Agricultural District Advisory Committee on January 10, 2006 and was voted unanimously for a recommendation of approval. He further added that the Agricultural District Advisory Committee believes that the proposed district is agriculturally significant and creation of this District would conform to the County's Comprehensive Policy Plan, which labels the area as historic, developmentally sensitive, and rural. Commissioner Moms commented that two of the parcels proposed to be included within the District are zoned RP. Commissioner Morris asked for the significance of adding those into the District, in terms of restrictions in subdivision and development. Mr. Suchicital replied that enlisting property within the District is completely voluntary by the property owner; he said that by choosing to join the Agricultural District, the property owner freezes his right to subdivide his parcel of land. He added that if the property owner wishes to subdivide, he would have to go through the process of meeting with the Agricultural District Committee, the Planning Commission, and the Board of Supervisors to take the parcel of land out of the District. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Mike McGuire, a resident on Pine Road, had questions on why the designation of his • property was being changed. Mr. McGuire also inquired about a sewer line that was being installed; he said that his property was the only one on Pine Road that was being surveyed and he was concerned the service line would be placed through the middle of his property. Mr. Suchicital explained that the Agricultural District will maintain the existing nature of the area. He explained that the property owners are wishing to add another layer of review and legislation to hopefully persuade development to go in other areas outside of their own. He said the benefits are the continuation of the rural and agricultural characteristic of the neighborhood and a property owner must submit a request to have his property included within the District. It was determined that Mr. McGuire was sent a letter of notification because he was an adjoining property owner to the proposed District. Upon motion made by Conunissioner Light and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the establishment of the Red Bud Agricultural and Forestal District, a new Agricultural and Forestal District containing 879.98 acres with 43 parcels and managed by 24 property owners. The proposed Red Bud Agricultural and Forestal District is located in the Stonewall Magisterial District. (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) Frederick County Planning Commission Page 1676 Minutes of February 1 2006 -5- An amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial • Zoning Districts, Section 165 -82, District Use Regulations, BI (Neighborhood Business) District, enabling Health Clubs under the Standard Industrial Classification Code 7991 (SIC - 7991). Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the zoning ordinance currently does not allow health clubs to be located in the B1 (Neighborhood Business) Zoning District. Mr. Cheran stated that the Development Review and Regulations Subcommittee (DRRS) considered this proposed amendment at its September 29, 2005 meeting and recommended that health clubs with a maximum square footage of 5,000 square feet be included as an allowed use in the B1 District. At the Planning Commission's November 16, 2005 meeting, members supported the proposed amendment, but increased the maximum square footage from 5,000 to 10,000 square feet. Commissioners believed the 10,000 square feet would be reasonable and would still be in keeping with the intent of the B I Zoning District. Mr. Cheran said the Board of Supervisors received a memo from the staff on December 2, 2005 regarding the change; staff has not received any issues or concerns from the Board. Chairman Wilmot called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165 -82, District Use Regulations, B1 (Neighborhood Business) District, enabling Health Clubs, with a maximum of 10,000 square feet, to be included under the Standard Industrial Classification Code 7991 (SIC - 7991). (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) Consideration of an entrance spacing waiver request for Robert and Sylvia Johnson permitted under Article IV, Section 165- 29B(1), of the Frederick County Zoning Ordinance, which would allow a commercial entrance to be located less than 150 feet from an existing residential driveway and a state road. The property is located at 3595 Valley Pike and is identified by P.I.N. 68 -A -83 in the Back Creek Magisterial District. Action - Approved Planner Candice E. Perkins reported that staff has received a second waiver request from Robert and Sylvia Johnson to allow for the reduction in dre entrance spacing for new driveways on major collector roads. She said the property is located at 3595 Valley Pike, it is zoned B3 (Industrial Transition) District, and is improved with a single- family dwelling. She said the entrance spacing for this site is 150 feet and the approval of the waiver would allow the placement of a new commercial entrance approximately 70 feet off the adjacent residential driveway and 127 feet off of Commonwealth Court. Ms. Perkins explained that the applicant would need a waiver of 80 feet off the adjacent residential driveway and 23 feet off of Commonwealth Court. 11 Frederick County Planning Commission Page 1677 Minutes of February I, 2006 Ms. Perkins referred to the email from VDOT which stated they were satisfied with the separation provided. She noted that the County's entrance spacing requirements are more stringent than VDOT's, however, VDOT does support the County's requirements. Referring to the site plan included in the Commission's agenda packet, Ms. Perkins pointed out the entrance along the northern property line. She stated that the previous entrance spacing waiver, which showed the entrance at the southern property line, was denied at the Planning Commission's October 5, 2006 meeting. With the denial of that request, the Planning Commission directed the applicant to work with the adjacent property owner to remove the residential entrance and to pursue a shared entrance for both properties. Ms. Perkins stated that staff believes the location of the proposed new entrance would not facilitate an inter - parcel cormection to the adjacent property, possibly leaving the adjoining property without means for commercial access, should it be developed in the future. Ms. Perkins added that approval of the waiver would still result in three entrances being located within close proximity and staff recommends that the two property owners work together to utilize a shared entrance. She further added that the applicant is willing to revise the entrance to a right -in, right -out only, instead of a full commercial entrance. Regarding a question from the Commission about the new application being substantially the same as the previous one, Ms. Perkins said that on the previous plan, the entrance was shown closest to Mr. Broy's property. With the new plan, the entrance is along the northern side of the property, adjacent to the Boyce property. Mr. Robert Johnson, the property owner and applicant, said that in order to ensure the entrance is used as a right -in, right -out only, he will improve the entrance with asphalt and painted arrows at the apron. Mr. Johnson presented a letter stating that he is providing easement on both sides of his property to the adjoining neighbors, Mr. Broy and Mr. Boyce. He said he revised his previous submittal by moving the driveway back to • its original location, which is further away from Commonwealth Drive, and results in him being only 23 feet short. Mr. Johnson added that he has an existing turning lane in front of his property. He further added that the recently - installed traffic light at the Hood factory slows the traffic flow in this area. He said that the traffic signal planned for the intersection of Commonwealth Drive and Route 11 will further aid in slowing the traffic flow. Commissioner Mohn asked Mr. Johnson if he had approached Mr. Broy about obtaining an easement to get access to his site from Commonwealth Drive, instead of taking access off Route 11. Mr. Johnson replied no. Chairman Wilmot called for public comment and the following persons came forward to speak: Mr. William Broy, the adjoining property on the south side of Mr. Johnson, said that Mr. Boyce does not currently have access to Route 11; he said the turning lane that is being referred to by Mr. Johnson is what VDOT describes as a "runoff' lane for tractor and trailers. Mr. Broy commented that there are about 3,500 trucks that enter the Hood plant every day and this is a very dangerous location. He said that he has been talking with VDOT and the staff about putting in a 50 -foot wide roadway off of Commonwealth, but he would have to have assistance with the expense. He said it would help to take the traffic off of Route 11. Mr. Ron Hodgson, the owner of Sportsplex, said that his understanding is that Mr. Broy is willing to give an easement at the rear of his property so that Mr. Boyce, Mr. Johnson, and Mr. Broy would have access off of Commonwealth Drive. Mr. Hodgson believed this needed to be addressed because the traffic on Route 11 is extremely bad at the moment. Mr. Hodgson said that he would like to see Mr. Johnson's request tabled until all parties can get together and come up with a plan that works for everyone. • Frederick County Planning Commission Page 1678 Minutes of February 1, 2006 Mr. Johnson returned to the podium and stated that he had spoke with Mr. Broy about the easement in the back a couple months earlier. Mr. Johnson said he would be interested in the easement; however, it seemed like the plans for this were some time into the future, and he needed to resolve the access issue for his property right away. Conunissioner Unger commented that Mr. Johnson has moved his entrance down as far as he could, he has offered easements on both sides of his property, and, he is planning a right -in, right -out entrance. Commissioner Unger said he could not see how Mr. Johnson could do anything more. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of an entrance spacing waiver request for Robert and Sylvia Johnson to allow a commercial entrance to be located less than 150 feet from an existing residential driveway and a state road, and with the caveat that the entrance be right -in, right -out only. The property is located at 3595 Valley Pike in the Back Creek Magisterial District. The vote was as follows: YES (TO APPROVE WAIVER) Mohn, Kerr, Triplett, Kriz, Light, Morris, Manuel, Unger, NO: Wilmot (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) L Round Hill Sewer and Water Service— Consideration of a request to include approximately 33.5 acres of land into the Sewer and Water Service Area (SWSA). The properties are located south of Northwestern Pike (Rt. 50), north of the Winchester and Western Railroad line, east of Abrams Creek, and adjacent to Round Hill Road (Rt. 803). The subject parcels are identified by P.I.N.s 52- A -71A, 52-A-252,52-A-254, 52- A -254A, 52- A -254B, 53B -1 -18, 53B -1 -17, 53B -1 -16, 53- B -1 -15, 5313-1 -14, 5311-1 -13, 5311-1 -12, and 5313-1 -11 in the Gainesboro and Back Creek Magisterial Districts. No Action Required At This Time Senior Planner Susan K. Eddy reported that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request on January 9, 2006 and the Sanitation Authority's comments regarding capacity issues and future expansion plans raised considerable discussion. She said there was also discussion on previous efforts to extend water and sewer into rural community centers, specifically, the Stephenson and Brucetown areas; the CPPS was not certain how many of the residents in the Round Hill area actually wanted to hook into public sewer and water. She said there also was discussion regarding design standards and ordinance language that was not yet in place. Ultimately, she said the CPPS unanimously recommended that the SWSA only be expanded to include all of the parcels currently bisected by the SWSA line, • Frederick County Planning Commission Page 1679 Minutes of February 1, 2006 and west up to the VDOT site, and down to the rail lines, so that a clear definite boundary line is formed. Any • further expansion west towards Poorhouse Road should be postponed until further studies have taken place, until design standards are implemented, and an ordinance adopted. The members also recommended consideration of moving the Urban Development Area (UDA) line into Route 37, since all the parcels in this area are planned for commercial use and not residential use. Commissioner Kriz recommended that the UDA issue be considered completely separate from the SWSA consideration to avoid confusion. Regarding the SWSA expansion, Commissioner Kriz believed the CPPS's decision to include the small area down to VDOT is as far as the Commission should go, because of the constraints of the Sanitation Authority, until a comprehensive study could be completed of the entire area. Cotmmissioner Unger questioned whether even that small portion should be taken into the SWSA, if a study had not yet been done to determine how many residents wanted public water and sewer. He questioned who would pay for running the line. Commissioner Unger did not believe there was even enough land to warrant running sewer and water out there. Ms. Eddy explained that expansion of the SWSA line does not in itself hook up anyone. She said the moving of the line allows people within the line to come forward and run the line at their own expense. She said that if someone would come in with a request for rezoning, the Commission would require them to put the line in. Ms. Eddy said it would not commit the County in any way to paying for the line. Ms. Eddy stated that Board members had been approached by people whose property was bisected by the SWSA line and had questions about whether they were inside or outside of the SWSA; she said the action under consideration would clear up that situation. Commissioner Light said the CPPS's discussion focused on the small existing subdivision in this is area; he said if those residents wanted to have public water and sewer, the SWSA would be in place for those residents to hook up. He explained that as far as running sewer and water to that area for development purposes, it does not have a UDA designation. Commissioner Light emphasized this would purely be to help residents in the area, if they had failing septic systems. Commissioner Kriz inquired how much of the 33 acres belongedto VDOT and Ms. Eddy replied at least half She added that VDOT has not requested a sewer and water line extension. Planning Director, Eric R. Lawrence, added that this is strictly a Sewer and Water Service Area Policy Boundary. He said the County is not discussing physically extending sewer lines, but is stating that these properties would qualify for sewer, if they wish to pay to extend the lines. Commissioner Morris was unsure the Commission had effectively addressed the points of the resolution passed by the Board of Supervisors. Commissioner Morris said that as he understood it, what really prompted this request was the Emmanual Baptist Church. He was not certain the church's questions had been effectively answered about the process or what the County could do; for example, who pays for the line and if the County did expand the SWSA, how could Emmanual Baptist Church expect that the line would ever come to them. Ms. Eddy stated that the Round Hill Plan was very clear in stating that "development" was going to pay to get the sewer and water line extended westward on Route 50. She said that if this area was already within the SWSA, then either of the churches could pay to run the line all the way down; however, she did not think this was likely. She said the steps required would include extending the line as a policy, entertaining • rezoning applications, and having applicants come forward with development that would pay to install the line. Frederick County Planning Commission Page 1680 Minutes of February 1, 2006 • Commissioner Morris said that he would like to feel confident that the two churches in particular understand and have all of their questions answered, not only about the process, but what historically has taken place. Commissioner Kriz pointed out that this was still a discussion item. He said it will need to go to the Board of Supervisors for discussion and then back to the Commission and Board for a public hearing. Commissioner Kriz said there will be plenty of time for input and understanding. Ms. Eddy reassured the Commission that she could clarify the particular issues in the report, especially if the Commission believes the process is not quite clear to the members of the churches. Chairman Wilmot asked Ms. Eddy to indicate the kinds of information that would be appropriate to accomplish before the County establishes the policy. Chairman Wilmot reiterated what Commissioner Kriz had said about there being ample time yet available for members of the public to participate in this process. Commissioner Triplett said that he understood that the Round Hill Methodist Church was also interested in having public water and sewer, as well. Staff had not been contacted by that particular church. No action was required at this time by the Commission. Staff said the Commission's comments would be forwarded to the Board of Supervisors. • OTHER UNIFICATION STUDY FOR WINCHESTER AND FREDERICK COUNTY Commissioner Kriz announced that the Unification Study of Winchester and Frederick County is moving along very well and there will be public meetings that will be announced shortly. He said the website, Nvww_winchester- frederick,com, gives much of the information regarding the unification committees. Commissioner Kriz said that everyone in both the City and the County will need to be educated on this to determine whether the two should be unified. COMMITTEE APPOINTMENTS Chairman Wilmot appointed Commissioner Oates and Commissioner Kerr as full members of the Development Review and Regulations Subcommittee (DRRS). She also appointed Commissioner Mohn as a full member of the Comprehensive Plans and Programs Subcommittee (CPPS) and Commissioner Oates as the liaison to the Historic Resources Advisory Board (HRAB). • Frederick County Planning Commission Page 1681 Minutes of February 1, 2006 -10- Chairman Wilmot stated that she would like to create an Ad -Hoc Task Force to study and update • the Planning Commission's Bylaws. Chairman Wilmot said that along with Commissioners Morris and Thomas, she would like to have one additional volunteer from the Commission. Commissioner Mohn volunteered to join the committee. ADJOURNMENT Upon motion made by Commissioner Moms, seconded by Commissioner Kri4 and unanimously passed, the meeting adjourned at 8:40 p.m. Respectfully submitted, ilmot, Chairman Lawrence, Secretary E • Frederick County Planning Commission Page 1682 Minutes of February 1, 2006