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PC_03-01-06_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 March 1, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Gary R. Oates, 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; Christopher M. Mohn, Red Bud District; Richard C. Ours, Opequon District; David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Susan Eddy, Senior Planner; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the January 18, 2006 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Development Review & Re¢ulations Subcommittee (DRRS) — 02/23/06 Mtg. Commissioner Unger reported that the DRRS elected officers; he said Mr. Roger Thomas was elected Chairman and he was elected as Vice Chairman. Commissioner Unger reported that the DRRS had a lengthy discussion on signs in Frederick County and he believed this study would continue for the remainder of • the year. He said that Greenway Engineering brought in a plan concerning small -lot subdivisions and community Frederick County Planning Commission Page 1693 Minutes of March 1, 2006 -2- centers which the subcommittee also discussed. Transportation Committee - 02/28/06 Mtg. Commissioner Kriz reported that the new Transportation Committee held a "get- acquainted" type of meeting and they discussed and established priorities. Commissioner Kriz believed this new committee will make progress in their efforts to identify and find solutions for the transportation problems in the County. Sanitation Authority — 03/28/06 Mtg. Commissioner Unger reported that rainfall for January was 2.75 inches and all plants are operating satisfactorily. He said the Sanitation Authority worked on their Capital Plan for the neat several years and the primary topic of discussion was the Parkins Mill plant and its upgrade. They hope to have the Parkins Mill plant completed by 2009. He said the Sanitation Department will be paying about $17 million towards the upgrade with the remainder to be funded by other government agencies. Commissioner Unger said that dues have gone up as of January 1 and they will go up again in July; he said presently, they are at $8,000, and they will go up to about $9,300 and by 2007, they predict the amount will be about $14,500. • Conservation Easement Authority (CEA) — 02/23/06 Commissioner Light reported that the CEA is just getting organized with bylaws and officers. He said the CEA is presently drafting a brochure to be distributed throughout the county in an attempt to get the CEA started. Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening; however, no one came forward to speak. PUBLIC HEARING Rezoning 901 -06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The property is • located on the west side of Route 11, approximately 2,000 feet north of Hopewell Road (Rt. 672). The property is further identified with P.I.N.s 33-A-1 22A and 33 -A -123 in the Stonewall Magisterial District. Frederick County Planning Commission Page 1694 Minutes of March 1. 2006 -3- Action — Recommended Approval With Proffers • Commissioner Oates said that he would abstain from discussion and voting on this rezoning application, due to a possible conflict of interest. Commissioner Unger said that he would also abstain from discussion and voting on this rezoning due to a possible conflict of interest. Senior Planner, Susan K. Eddy, reported that the site is within the boundaries of the Sewer and Water Service Area (S WSA) and the Northeast Land Use Plan (NELUP) of the Comprehensive Policy Plan. She said the proposed B3 Zoning is generally consistent with the NELUP; however, the NELUP discourages individual lot access on the Martinsburg Pike corridor and encourages inter - parcel connections. The NELUP also recommends adequate screening from adjoining land uses and greater setbacks, buffers, and screening are also recommended along Martinsburg Pike. Regarding transportation issues, Ms. Eddy stated that the NELUP calls for Martinsburg Pike (Rt. 11) to be improved to a four -lane facility. She said the applicant has verbally stated a willingness to pave a new south -bound lane in front of the property. Ms. Eddy said the NELUP further states that proposed industrial and commercial developments should only be allowed to occur if impacted roads function at a Level of Service (LOS) "C" or better. She stated that the revised Traffic Impact Analysis (TIA) was based on 120,000 square feet of floor space and 8,000 square feet of restaurant use for a maximum of 128,000 square feet, which the applicant has provided for in his proffer. Ms. Eddy noted that these uses are projected to generate 1,197 average daily trips (ADT); she said that the staff is concerned that the 1,197 ADT could be exceeded if some of the by -right uses allowed in the B3 District were to take place. She said the applicant has voluntarily agreed, therefore, to proffer out gasoline service stations and truck stops. Ms. Eddy said the staff is encouraging the applicant to also consider • proffering out three additional uses, motor freight transportation and warehousing; building centers/garden supply centers; and recreational uses. She said that while these uses are permitted in the B3 District, they arehigh -traffic generators and could cause the projected ADT to be exceeded. In addition, Ms. Eddy said that VDOT's Mr. Lloyd Ingram emailed the staff stating that he had reviewed the most recent TIA and proffers and was supportive of the application with the reduction in proposed ADT. Ms. Eddy concluded by summarizing the applicant's proffers as follows: 1) a maximum of 128,000 square feet, with 8,000 of that amount for restaurant use, shall not be exceeded; 2) exclusion of gasoline stations and truck stop uses; 3) site shall be limited to one commercial entrance; 4) provision of a left -turn lane on Martinsburg Pike going north; 5) a pro -rata monetary contribution towards signalization of Route 11 with Hopewell Road and Brucetown Road; 6) a monetary contribution towards the acquisition of future right -of -way for turn lanes on Route 11; 7) a monetary contribution for fire and rescue and Frederick County; and, 8) provision of additional landscaping for adjoining residential uses. Ms. Eddy added that after the agenda packets were mailed out, the staff received four written letters of support for the rezoning from neighbors. The subject of inter -parcel connectors and turn lanes was raised by the Commission; they wanted to be sure there would be proper entrance spacing available when the next property to the south was developed. Commissioner Light asked if the staff had recommended any enhanced corridor appearance buffer standards; he also questioned where the storm water management would be located. • Frederick County Planning Commission Page 1695 Minutes of March 1, 2006 — 4 — Mr. Jeffery G. Jenkins of R & J Development, L.L.C., the property owner, came forward and • stated that he intends to construct a paved 12 -foot, south -bound lane across the entire length of the front of his property and he will add this to his proffer statement before the rezoning goes to the Board of Supervisors for consideration. In addition, Mr. Jenkins said that he will prohibit all uses under SIC Code #79 Amusement and Recreational Services and this too, will be added to his proffer before going to the Board. Conunissioner Kriz asked the applicant if he had considered omitting building centers /garden supply centers, such as Lowes, Moores, etc., and motor freight transportation/warehousing uses. Mr. Jenkins said he was not comfortable leaving those uses out because it was his intention to create a business park with tradesmen, plumbers, and electricians; he thought eliminating those uses would interfere with their needs, in the way of trucks making deliveries, for example. Commissioner Light asked Mr. Jenkins about the potential for a square -foot size limit to address motor freight and building centers, so a huge trip generator of those two potential uses would not be allowed on the site. Mr. Jenkins was willing to make that provision. Commissioner Light said that he would also like to see enhanced corridor appearance along the front of the property and shielded lighting to protect the surrounding neighborhood. In addition, Commissioner Light inquired about the location for a storm water management pond. Mr. Jenkins said that although they have not yet reached the site plan stage, he believed the general location of the storm water management pond was on the other side of I -81. Chairman Wilmot reviewed the items discussed for everyone present. She said the applicant has indicated that he will pave a 12 -foot, south -bound lane across the front of his entire site; an inter -parcel connector has yet to be discussed; Amusement and Recreational Service uses have been eliminated as a potential use; motor freight transportation/warehousing and building centers /garden supply centers will still be considered as a potential use, but the square footage of these uses will be limited; shielded lighting and storm water management • will be considered at the site plan stage; and the right -turn lane is not needed at this time, due to the applicant's offer to construct the 12 -foot lane across the front of the entire site. speak: Chairman Wilmot next called for public comments and the following persons came forward to Mr. Harris Stein of the Stonewall District, an adjoining property owner, said that he spoke with Mr. Jenkins extensively and they discussed the construction of a bean around their common property line with three rows of trees. Mr. Stein said that he was comfortable with the rezoning and had no objections as long as there is a shield for his property consisting of a berm and trees. Mr. Frederick Stronko of the Stonewall District, an adjoining property owner, believed that Mr. Jenkins was going to move his construction company on the site and he was opposed to this because of the dust, fumes, and noise that would impact him. Mr. Stronko was disturbed by the activity taking place on Mr. Jenkins' property; he wanted to know what was going to take place there and if the Environmental Protection Agency had been notified. Mr. Stronko said that his property had been infested with vermin from the buildings Mr. Jenkins bulldozed down on his property; he said his chicken coop area and drainage ditches had been disturbed. Mr, Stronko was opposed to the rezoning application proposed. the meeting. • There being no one else wishing to speak, the Chairman closed the public comment portion of Frederick County Planning Commission Page 1696 Minutes of March 1, 2006 -5- • Commissioner Light asked Mr. Jenkins if he was willing to provide the inter -parcel connectors suggested by the staff and Mr. Jenkins agreed to provide them. Commission members were satisfied that the applicant had addressed their concerns about the property. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #01 -06 of Clearbrook Business Center, submitted by GreyWolfe, Inc. on behalf of R & J Land Development, L.L.C., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers to include the construction of a paved 12 -foot, south -bound lane across the entire front of the property; the inclusion of inter -parcel connectors where appropriate; to prohibit Amusement and Recreational Service uses; and to incorporate a square - footage limitation for motor freight transportation /warehousing uses and building centers /garden supply centers uses. (Please Note: Commissioners Unger and Oates abstained from voting; Commissioners Watt, Thomas, Ours, and Mohn were absent from the meeting.) is OTHER Chairman Wilmot asked Commission members to review and complete the Planning and Zoning Issues Assessment provided by Mr. Mike Chandler of CPEAV. She also asked Commission members to return the completed form to Planning Director, Eric R. LwATence, who will compile the opinions. Chairman Wilmot said that at the next Planning Commission meeting, she would like the Commission members to establish priorities, based on the Commission's retreat last February. She said that if the three most important priorities could be established, in terms of planning, land use issues, or zoning issues, it would be tremendously helpful. Commissioner Kriz stated that the UDA Study Group will be meeting with engineers, developers, and land planners on Tuesday, March 7, at 11:00 a.m., in the Board of Supervisors' meeting room and everyone is welcome to attend. 1 Frederick County Planning Commission Page 1697 Minutes of March 1, 2006 • ADJOURNMENT Upon motion made by Commissioner Kriz and seconded by Commissioner Manuel, the Commission adjourned at 7:40 p.m. by a unanimous vote. Respectfully submitted, Wilmot, Chairman Eric R. Mvrence, Secretary • i Frederick County Planning Commission Page 1698 Minutes of March 1.2006