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PC_09-20-06_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 September 2D, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; John H. Light, Stonewall District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek 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: 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 A. Bishop, Transportation Planner; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner II; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Chainnan Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of August 16, 2006 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 09/11/06 Mtg. Commissioner Light reported that the CPPS discussed the Eastern Road Plan and they also received an update of the UDA (Urban Development Area) Study, along with a profile of future steps. • Commissioner Light said the CPPS discussed two Comprehensive Policy Plan amendments sent by the Board of Frederick County Planning Commission Page 1854 Minutes of September 20, 2006 -2- • Supervisors, which included: Clearview and the Luthern Church on Route 50. Historic Resources Advisory Board (HRAB) — 9/19/06 Mtg. Commissioner Oates reported that the HRAB had three items on their agenda: The Village of Opequon, an RP subdivision proposal, was postponed because the applicant was not available; an application for a historic plaque for Valley Mill Farm on Valley Mill Road was recommended for approval; and they discussed the proposed extension of power lines from Meadowbrook towards the east and the possible historic impacts associated with that extension. Sanitation Authority (SA) — 9/19/06 Mtg. Commissioner Unger reported that Mr. John Whitacre spoke about the various projects the SA has been working on throughout the year. He said Mr. Whitacre reported the SA has reviewed 300 projects this year, 34 projects have been completed, and another 120 projects are underway and currently active. He reported that the SA began work on a gravity water and sewer line in the Senseny Road area; and this month, they are getting ready to start their new 7,000 square -foot headquarters building. • Development Impact Model Oversight Committee (DIM -OC) Commissioner Manuel reported that the DIM -OC will meet next Friday, September 22, at noon. He said the primary discussion will be based on the bonded versus pay -as- you -go funding consideration for the model. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. • Frederick County Planning Commission Page 1855 Minutes of September 20, 2006 -3- PUBLIC HEARING Conditional Use Permit #08 -06 of Ronald D. DeHaven for a country general store at 5057 Northwestern Pike (Rt. 50). This property is further identified with P.I.N. 39 -A -39 in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Planning Technician, Kevin T. Henry, reported that the property has frontage along Route 50 Eastbound as well as South Hayfield Road (Rt. 600). He said the single 2,516 square -foot structure on the property, formerly used as a post office, will be reduced in size by 476 square feet to allow for a loading space; the proposed business will require 11 parking spaces. Mr. Henry said the parking lot will be accessed via the westernmost driveway along Route 50 Eastbound. Mr. Henry added that staff has suggested the applicant establish a driveway along South Hayfield Road (Rt. 600) as well. He said the easternmost driveway will be closed to avoid traffic crossing Route 50 at the Hayfield intersection and entering the property illegally; the applicant has offered to close this entrance by placing grass and a fence along the current entrance. Mr. Henry next read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Unger commented that this site has been in business for a very long time and entering the business from Route 50 has always worked; he questioned why the staff wanted to change that now. Mr. Henry said the business was originally nonconforming and since it has been vacant for so long, it has to re- establish itself through the zoning ordinance. Mr. Henry said the existing entrance is not safe, even though a vehicle would only be traveling a short distance in the wrong direction. Commissioner Mohn inquired if there will be ample distance from the main road, Northwestern • Pike, to achieve the recommended entrance on Hayfield Road. Mr. Henry replied that 70 feet off Route 50 is required and the applicant has about 100 feet. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the meeting. Commission members asked the applicant what he intended to sell in the store. Mr. Ronald DeHaven, the applicant, replied that he would like to offer fresh meats, staples such as bread, butter, milk, and fresh fruits and vegetables from local growers. Commissioner Triplett asked the applicant if he could operate satisfactorily with the County's expectations on the driveways. Mr. DeHaven replied no; he said Route 600 has safety factors during the winter; he said a store has been operating at this location for the past decade and the existing entrance /exit has always worked. Mr. DeHaven said the shrubs between the two entrances will have to be removed because they block site distance, but he would prefer to keep the existing entrance /exit. Commissioner Triplett agreed about the length of time the structure has operated as a store and a post office and he didn't think the applicant would get much business traffic heading West. Mr. DeHaven agreed he would not get the business traffic heading West, if the eastern entrance is closed and no other put in; he said people would have to drive %: to' /< mile out of their way to hit the next crossover and come back down. Commissioner Triplett asked if VDOT had comments. Mr. DeHaven said he met with VDOT representatives at the site and an entrance coming in off Route 600, is feasible; however, VDOT was concerned about the winter conditions. rI L Frederick County Planning Commission Page 1856 Minutes of September 20, 2006 -4- • Conunissioner Watt asked the applicant if he was comfortable with Condition #5, "...no outdoor display of merchandise," since he planned to sell fruits and vegetables. Mr. DeHaven said he was not comfortable with that particular condition. He said he would prefer to sell both inside and outside. Chairman Wilmot noted the Health Department's comment that there will be no increase in water usage. She asked the applicant for the anticipated number of employees, if there would be any other operations on the property besides sales, and what was the condition of the septic system. Mr. DeHaven replied that the septic system is in good condition; he anticipated two -to -three employees; and the Health Department calls for the site not to exceed 300 -500 gallons of water usage per day. Some Commission members expressed concern about closing the easternmost entrance to the site because they believed it would affect the amount of business traffic Mr. DeHaven would get; they said the existing entrances have been used safely for many years at this site for previous businesses and the old post office. Other Commissioners did not want to see traffic turning onto the eastbound lane of Route 50, even for a short distance, to get into the site because of safety reasons. Planning Director, Eric R. Lawrence, commented that staff was not regulating or placing parameters on what happens on Route 600, but were simply suggesting the applicant try to establish the entrance. Mr. Lawrence said the staff is willing to work with the applicant and VDOT to find a safe location, ifthey wish to establish the entrance on Route 600. Members of the Commission believed a country store at this location was appropriate and in consideration of the staff's comments to work with the applicant and VDOT to accommodate satisfactory entrances for the site, they were in favor of the conditional use permit with the removal of the phrase within the • recommended conditions prohibiting outdoor display. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 408 -06 of Ronald D. DeHaven for a country general store at 5057 Northwestern Pike (Route 50), with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to business activities occurring on site. Parking lot standards and landscape consistent with commercial zoning will be required. 3. One non - illuminated, free - standing business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area and shall not exceed 10 feet in height. The existing sign is of a permissible size until a new sign is created; at which time, the existing sign would have to be removed. 4. Only one entrance onto Route 50 and Route 600 shall be permitted. The existing easternmost entrance along Northwestern Pike (Route 50) shall be permanently closed. 5. No fuel sales will be permitted. 6. Any expansion or change of use will require a new conditional use permit. • 7. Total structural area shall not exceed 2,600 square -feet. Frederick County Planning Commission Page 1857 Minutes of September 20, 2006 -5- • (Commissioner Ours was absent from the meeting.) Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District with proffers for 14 single - family homes on small lots. This property fronts on the north side of Senseny Road (Rt. 657), adjacent to the Parkwood Manor Subdivision. The property is further identified with P.I.N. 65 -A -27A and 65 -A -28A in the Red Bud Magisterial District. Action — Tabled for 90 Days Planner Candice E. Perkins reported that the Abram's Chase application is a request to rezone 3.25 acres to the RP (Residential Performance) District to accommodate 14 single- family, small -lot units with an overall density of 4.3 units per acre. Ms. Perkins said the site is within the Eastern Frederick County Long Range Land Use Plan as proposed residential and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (S WSA). Ms. Perkins next summarized the proffer statement submitted by the applicant. She noted that the recreational amenities provided with the proffer were in -lieu of a community centerbuilding, if waived by the Board of Supervisors. She commented that staff believed this proffer is inappropriate because a waiver cannot be sought for the community center until the master development plan (MDP) stage of the process. Ms. Perkins also reported that staff has identified a number of issues that still need to be resolved by the applicant. Specifically, this application has not addressed the Senseny Road improvements, the construction of a bike /pedestrian facility, inter - parcel connections, monetary proffers, and the recreational requirements of the • development. Mr. Evan A. Wyatt with Greenway Engineering was representing the property owner, Harvest Communities, Inc., in this rezoning application. Mr. Wyatt said that regarding the inter -parcel connectivity, the adjoining developments have been designed in such a fashion where connectivity is not conducive for roads like Park Circle or the roads in their project. Regarding the Senseny Road improvements, he said they were willing to construct both an additional travel lane along the frontage of their property, as well as a tum/taper lane; however, the construction of these improvements would necessitate them eliminating their previous proffer of $1,000 per unit under Transportation Enhancements. Mr. Wyatt said since the north side of Senseny Road has now been established as the County's designated area for the bicycle/ pedestrian facility, they would be willing to construct the ten -foot asphalt pedestrian trail within their road efficiency buffer. He added that they were also willing to amend their proffer statement to reflect the new fiscal impact model amount that was recently adopted by the Board. Commissioner Unger asked Mr. Wyatt about the possibility of doing an inter -parcel connector at the cul -de -sac to the east, in case that area would develop in the future. Mr. Wyatt pointed out a drainage area through that particular location; he said it could be difficult and expensive to build a road system through there, especially for the few parcels it would benefit. In addition, he said it would compromise the area where they planned to place their recreational amenities. He also pointed out that the other open area on the site was designated for their stormwater detention. Commissioner Kerr inquired if the vacant lot on Parkwood Circle could possibly be acquired to tie into Park-wood Circle. Mr. Wyatt said they had not looked into that possibility. • Commissioner Oates commented that the wetlands study within the application involved simply examining the County's GIS database, which in his experience, was lacking. Commissioner Oates asked Mr. Wyatt if he had a professional look at the wetlands, since a considerable amount of this property was within the Frederick County Planning Commission Page 1858 Minutes of September 20, 2006 • floodplain. Mr. Wyatt said they assumed the low area of the property will have wetlands; he said the County Engineer is requesting a wetlands delineation study to be submitted with the MDP. Commissioner Oates said that if the wetlands go far enough to the west, the applicant may lose an entire block of housing below the road; he said the applicant may have to think about moving the road and placing homes just on one side. Mr. Wyatt said that as a result of a site - distance study they conducted, the location of the road is pretty much set. Mr. Wyatt assured the Commission the wetland delineation study will be conducted, if the rezoning is approved. Chairman Wilmot asked Mr. Wyatt if the parcel remaining on Senseny Road was a residence; she asked if there was an opportunity for that lot to tie into this project's road. Mr. Wyatt replied there was a mobile home on the site. Mr. Wyatt said they would not have a problem, if the owner desired to do that. He said they could grant them an access easement to do so. Chairman Wilmot next called for public comments. Ms. JoAnn Leonardis, a resident of the Red Bud District, came forward to speak in opposition to this rezoning. Ms. Leonardis said that just because there is a similar development next door, does not mean there should be another one like it and it doesn't mean it is the right thing. She said that just because there are other neighborhoods without connectivity, does not mean another one should be built. Ms. Leonardis said the Planning Department's web site gives ten principles for smart growth and the first one is to create a shared vision of the future; she questioned whether the proposed development supported the County's vision for the future. She noted there was a considerable amount of vacant land adjoining this project and across Senseny Road; she questioned what would be proposed for those areas. Ms. Leonardis said there has been discussion about urban centers and planning for the future; she asked if the 14 homes proposed here was good planning. She noted the second principle for smart growth was to identify and sustain green infrastructure; she suggested the wetlands here be • made into something beautiful, with a public place and pedestrian paths. There was no one else wishing to speak and Chairman Wilmot closed the public comment portion of the meeting. Planning Director, Eric R. La"Tence, stated that the inter - parcel connection is required by an ordinance adopted by the County in approximately June of 2005 and is not a debatable issue. Mr. Lawrence said this issue will have to be addressed, unless the inter - parcel connection is waived by the Board. Mr. Lawrence stated it was also not appropriate for the applicant to adjust the cash proffer contribution at this point in the process; he said when an applicant submits a rezoning application to the county for consideration, that is the model to be considered. Regarding the issue of the waiver of the community center, Mr. Lawrence said the ordinance states the waiver is sought at the MDP stage; however, if there is no required MDP, it is done at the subdivision stage. He explained that the Board of Supervisors will see either the MDP or the subdivision and that is the level where consideration of the waiver should be taken. In addition, Mr. Lawrence addressed the issue of the entrance separation along Senseny Road; he said the VDOT subdivision design manual recommends a 500 - foot separation; therefore, the 200 foot proposed certainly does not meet the desired separation. Commissioners said they were having difficulty finding any redeeming values in the proposal from a planning standpoint. They were also concerned this project may set a precedent for similar developments. The possibility of having six cul -de -sacs within a 1,200 -Foot distance, each with 134 trips per day, was reason enough for concern, let alone the existing traffic problems along Senseny Road. They questioned whether approving this rezoning as presented would be good planning for Frederick County. Commissioner Mohn believed all of the comments made were a good representation of where the County would like to proceed with development in the UDA. However, he was concerned about the next step for this particular area, which seemed to be a conglomeration of small parcels. He said this area is within the UDA Frederick County Planning Commission Page 1859 Minutes of September 20, 2006 -7- and it is plarmed for residential; he questioned how these parcels will be integrated to create good planning. In • fairness to the property owners, he said the County may be waiting a long time for land to assemble and come up with a solution. He suggested the County may be able to help, through the UDA Study, with identifying what the alternative could be and making sure it functions properly. Commissioner Kerr said he would like to see the applicant be given more time to address some of the issues because he believed there was away to make this project work. He said he didn't support the project as it was presented, but, unfortunately, it is an in -fill situation, which makes it difficult. Commissioner Kerr suggested that the applicant be given the opportunity to go back and address the issues that were raised. Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby agree to table Rezoning #11 -06 of Abram's Chase, submitted by Greenway Engineering, to rezone 3.25 acres from RA (Rural Areas) to RP (Residential Performance) District, for 90 days, in order to give the applicant time to address the issues raised. The vote was as follows: YES (TO TABLE) Unger, Watt, Manuel, Morris, Oates, Light, Wilmot, Kriz, Triplett, Kerr, Mohn NO: Thomas (Note: Commissioner Ours was absent from the meeting.) Rezoning #10 -06 of Albin Center, submitted by Artz & Associates, to rezone 2.07 acres from RA (Rural Areas) District to B2 (Business General) District with proffers for commercial use. The property is located on the east side of Bryarly Road (Rt. 789), approximately 800 feet south of the intersection with Burnt Church Road (Rt. 678). The property is further identified by P.I.N. 42 -A -249 in the Gainesboro Magisterial District. Action — Recommended Denial Commissioner Manuel said he would abstain from all discussion and voting on this rezoning, due to a possible conflict of interest. Senior Planner Susan K. Eddy reported that the applicant proposes to construct a two -story building with 25,000 square feet of floor space and a building height of 60 feet on a vacant site. Ms. Eddy said all of the properties surrounding this site are zoned RA (Rural Areas). She said the site is located outside of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms. Eddy said the site is within the Albin Rural Community Center of the Comprehensive Policy Plan. Although the Comprehensive Plan was not specific regarding policies for the Albin Rural Community Center, there were some general policies, which she read for the Commission. One in particular said to promote "village commercial development at a scale and nature that is appropriate for the rural community center." She said typically, expected uses would be general store, bank, and restaurant in a rural community center; however, in this case, the proposal is for office • use, which is not necessarily designed to serve the local community. She added that the height and size of the structure will be out of character and overwhelm its surroundings. She further added that the buildings in the Albin Rural Community Center are approximately 25 feet in height with an average of 2,000 square -feet of floor Frederick County Planning Commission Page 1860 Minutes of September 20, 2006 Ma space. With the aid of a 3 -D modeling program, Ms. Eddy next proceeded to show how the proposed building . relates in scale to the surrounding community center. Regarding transportation issues, Ms. Eddy said Route 522 is a major arterial road and the Comprehensive Plan discourages private driveways on major arterial roads. She recommended that the access be via Bryarly Road, if the proposal is to function as a part of the Albin Rural Community Center. Also, Ms. Eddy said she was specifically asked by the Historic Resources Advisory Board (HRAB) to point out that the applicant did not attend the two meetings when this item was scheduled. She said the HRAB did finally provide comments without the benefit of an applicant presentation. She reported that the HRAB said the development was completely incompatible with the character and the context of the Albin Rural Community Center and they did not support the application. Suggestions given by the HRAB to possibly make the structure compatible were to use a series of smaller structures, instead of one large structure; the use of compatible materials similar to the surrounding area; and not to exceed a maximum height of 25 feet. Ms. Eddy next reviewed the proffer statement supplied by the applicant. She noted that the applicant is not limiting the proposal to office uses. She also noted that the Generalized Development Plan (GDP) is very detailed, which is cause for concern because the Planning Staff and other agencies are not reviewing the GDP for site plan compliance at this time. She said this presents the danger of site details slipping through without meeting zoning requirements. Mr. Michael Artz, with Ariz & Associates, PLC, came forward to represent the property owners, Mr. David A. Hicks and Mrs. Linda W. Hicks. Mr. Artz said the GDP was detailed in order to give the Commission the opportunity to see the final site development. Mr. Artz believed the project was a good opportunity to provide employment for county residents; he pointed out this area does not have a lot of this type of use. Mr. Artz explained it was their intention to add some retail uses in order for this to be compatible with • the Albin Rural Community Center, which was why the video rental, general merchandise retail, and miscellaneous retail were kept as part of the proffered uses. Regarding the entrances, Mr. Artz said he believed access into the site through Bryarly Road was important; however, at a minimum, there needs to be an exit out onto Route 522 to provide an opportunity to lessen traffic impacts on Bryarly Road. He said discussions with VDOT indicated the possibility for an entrance from Route 522, if an existing cross -over was closed and additional turning lanes were constructed. In addition, Mr. Artz said the Health Department has located a primary drainfield site and a reserve drainfield site and they are satisfied it meets the proposal's needs. He said the applicant is in the process of having these sites engineered for alternative drainfield sites. He stated that areas of the site designated as drainfield have not been disturbed. It was Mr. Ariz's opinion that the structure was in character with the surrounding area; he realized it was larger, but it had roof lines and architectural details that separated it from the typical office building. He noted that this particular site was lower than the surrounding area and the height of the building may not be so out of character. He said they proffered not to exceed 60 feet in height, but in all probability the building would be about 50 feet in height. Commissioner Oates inquired about the amount of usage the septic fields could handle; he said that medical office use and restaurant use has much higher water usage than a typical office use. Mr. Oates was concerned about the applicant using an infiltration system, since the site had already been disturbed. Mr. Artz said they will not be installing an infiltration system; he said they will be utilizing underground storage. Commissioner Thomas asked Mr. Artz why the applicant was asking for a 60 -foot height when it appears the structure is only two stories; he said if the building could be constructed at 35 feet, it would probably • be more in scale with the surrounding area. He also inquired about the possibility of building two or three smaller structures connected by walkways so the building would not appear to be so massive. Mr. Artz replied that the 60 feet was the code limitation; however, as they've proceeded with this project, they've determined that the height Frederick County Planning Commission Page 1861 Minutes of September 20, 2006 of the building would probably be about 48 feet. He said his client is trying to maintain the architectural facade • with the steep roof lines, which they feel is more in keeping with the area. Mr. Artz again noted that the site is lower than the surrounding area. Mr. Artz said he would change the proffer to read 50 -feet in height, instead of 60 feet. Commissioners talked with Mr. Artz about sewage discharge sites. Mr. Artz said there were two locations on the site plan; he pointed out the primary installed drainfield site and the reserve drainfield site. They asked Mr. Artz if the Health Department determined a maximum number of employees within the building. Mr. Artz felt it was too early to know; he said they first need to identify the uses. Commissioners asked Mr. Artz if he would be able to meet the maximum parking and buffer criteria, especially since there were no B2 uses proffered out. Commissioners were concerned about the wide range of uses the applicant had requested to be left available and the square footage proposed. They believed a great deal more water consumption and waste production could occur with intensive use of the site. They questioned the appropriateness of putting 25,000 square feet of floor area on a septic system on a two -acre lot because of the unknowns dealing with the septic capabilities, the stormwater management capabilities, and the parking capabilities. There was also concern about the transportation impact because the range of uses had not been determined. Mr. David Hicks, the property owner, said the drainfield will be under the parking lot. He said Mr. Bob Holmes of Greemvay Engineering designed the system and it has been approved by the Health Department. Mr. Hicks said there will be 94 parking spaces and there will be 2,000 square -foot offices. He said the health system is approved for 1,050 gallons per day, times two, because no one will occupy the building at night. • Chairman Wilmot next called for public conunents and the following persons came forward to speak: Ms. Cheryl A. Lineweaver, a 13 -year resident of the Albin community, along Bryarly Road, in the Gainesboro District, came forward to speak in opposition to the rezoning. Ms. Lineweaver presented written statements from Albin residents who could not attend this evening's meeting, but who were also in opposition to the structure size and the rezoning. Ms. Lineweaver said the residents of Albin were not interested inrestaurants or retail stores. She said this proposal does not fit into their neighborhood. She said the Albin community consists of small homes with country folk. She said they were concerned about any increased traffic on Bryarly Road because of all the people and children that walk and play on their roads. She said they have a problem with the speed limit now at 45 mph. She said Bryarly Road was one of the last roads to be cleared of ice and snow during winter. Mr. Donald Kidwell, a resident at 169 Dunbar Lane, was concerned about the potential for increased storm water rum -off onto his property. He said when Route 522 was constructed, part of this ground was held as a water- holding area for Route 522. He thought the proposed structure was too large to be placed on a two -acre parcel. Mr. Kidwell said the neighbors were worried their wells would become polluted; he said the community does not need this building. Mr. Wayne Burr, a resident at 255 Bryarly Road, also commented that the residents of Albin Village do not want this building. He said his family's farm is over 100 years old; he felt the proposed structure would take away from the rustic farm - community look of Albin. He said the residents of Albin believe the existing traffic on Bryarly Road is too heavy. Mr. Burr said the community residents ride horses up and down the • road; he said children and pets play on the road. Mr. Burt said he has a tractor and takes care of snow removal for the neighbors and it works out satisfactorily; he said they do not want to see commercial trucks in their community doing this work.. Frederick County Planning Commission Page 1862 Minutes of September 20, 2006 -10- Mr. Ronald L. Lineweaver, the husband of Cheryl Lineweaver who previously spoke, said his • parents moved to Albin when he was one -year old and he is now 52. Mr. Lineweaver spoke about the elderly residents who cross Bryarly Road daily to get their newspapers. He described Albin as a country community and the residents wanted to keep it that way. He said the 35 -foot building that was recently constructed in Albin looks out of place and one can not help but notice it; he said this proposal is for a structure much larger. Mr. Lineweaver was also concerned about run -off because he lived in a low area, known as the hollow. Ms. Betty Kidwell, said she has lived in the hollow for 61 years. She said there was an old, three- bedroom house on this site; she was concerned where all the septic would go for an office building of this size. Ms. Kidwell commented that there were convenience stores, fast food restaurants, and grocery stores five minutes down the road and she felt this retail building was not needed. Ms. Kidwell believed such a large building would spoil the neighborhood because it would not blend in with the surrounding homes. Ms. Rita Crosen, a resident of Gainesboro District, was opposed to the project. She didn't believe everything had been thought through with this proposal and that possibly, the whole story had not been provided. Ms. Crosen said she and her husband lived about 3/10 mile up the road from this site for 47 years and raised their family. She said that all ages reside in this community and it consists of average -sized homes. She was concerned about the traffic on Bryarly Road; she said there is very little shoulder room on Bryarly Road for joggers and pedestrians; she mentioned that many children ride their bicycles on the road. Ms. Crosen believed this new structure would add a great deal of traffic to the area. She said there was no public water here. She said because the uses were unknown, no one knows how much water will be pumped out. She was concerned about the residents' wells continuing to function properly. She felt there should be a better place in the county for a building of this size, not in this family- oriented community. Ms. Sharon Robinson, an adjoining property owner, was also opposed to the rezoning. Ms. • Robinson was concerned about the hours of operation for some of the proposed retail stores. She was concerned about the amount of traffic into the late evening hours with a retail use. She was also concerned about the water runoff in the low -lying areas. Ms. Rita Hester, an adjoining property owner, said the applicant's reserve septic site was very close to her property and she was not pleased. She said that if there is a problem with the septic, she would be the one to experience it and she did not want to be the one trying to figure out who would fix the problem. She said this area is all residential; she said she would like to see the zoning stay as rural use. She concurred with all the statements made by the Planning Staff concerning the reasons why this use and structure were inappropriate. She said there is considerable existing traffic. She said the entryway at Route 522 and Burnt Church is difficult now. She said that she is concerned with possible crime with retail and general merchandise sales, or even restaurants. She was concerned about rodents, noxious smells, and security lights. She said she can see the security lights from the new Shade Equipment building, nearly one mile away. Ms. Hester said the character of the building does not fit in with the community and the residents do not want the zoning changed on this property. Since everyone who wished to speak had been given an opportunity to do so, Chairman Wilmot closed the public comment portion of the meeting. Mr. Artz returned to the podium to address some of the comments that were made. Mr. Artz said he would be willing to eliminate the access on Bryarly Road to satisfy the residents concerns about increased traffic. He said he would also adjust the height of the building. He commented that every site has its particular issues that are unique and they will work within the constraints of the zoning regulations to address the particular issues of this site. Frederick County Planning Commission Page 1863 Minutes of September 20, 2006 -11- . Commissioner Kriz cormnented that none of the citizens who spoke were in favor of the rezoning and did not believe the structure or the proposed use fit in with their community. He also thought there were too many uncertainties with the proposal. Commissioner Morris believed the uniqueness of each rural community center should be defined in a land use plan according to the views of the citizens who live there. Commissioner Mohn added that the Comprehensive Policy Plan does not support this proposed commercial use at this location. Commissioner Kriz moved to deny the rezoning request and the motion was seconded by Commisioner Triplett. The motion passed by a majority vote. BE IT RESOLVED, THAT The Frederick County Planning Commission does hereby unanimously recommend denial of Rezoning 910 -06 of Albin Center, submitted by Artz & Associates, to rezone 2.07 acres from RA (Rural Areas) District to B2 (Business General) District for commercial use. The vote was as follows: YES (TO DENY REZ.) Unger, Watt, Morris, Oates, Light, Thomas, Kriz, Triplett, Kerr, Mohn, Wilmot ABSTAIN Manuel (Commissioner Ours was absent from the meeting.) • AUTHORIZATION TO APPLY FOR A VIRGINIA DEPARTMENT OF TRANSPORTATION ENHANCEMENT GRANT TO IMPLEMENT BICYCLE AND PEDESTRIAN IMPROVEMENTS IN THE VICINITY OF SENSENY ROAD ELEMENTARY SCHOOL. Action — Recommended Approval Transportation Planner, John A. Bishop, reported that staff has been working on developing an application for a VDOT Enhancement Grant, which is basically federal funds that come through VDOT and are distributed by the Commonwealth Transportation Board. Mr. Bishop explained there is a 20% required match with an award; however, the application itself does not obligate County funds. He further explained that if there is an award, the Board of Supervisors would determine at that time whether to put forth County funds. Mr. Bishop stated that for this year's application cycle, the staff has recommended an application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Road Elementary School. He said the proposed project would add paved multi -use paths to the northern and southern sides of Senseny Road between Meade Drive and Williamson Road. Mr. Bishop said this is a border area between Red Bud and Shawnee Districts and is at the heart of the most populated districts in the County. Mr. Bishop stated that the plan was reviewed by the Transportation Committee on August 28, 2006 and they gave their unanimous endorsement. Cl Frederick County Planning Commission Page 1864 Minutes of September 20, 2006 -12- ,. Commissioner Kriz, a member of the Transportation Committee, said all members of the Transportation Committee were very supportive of this endeavor and he saw no reason why the Planning Commission should not support it. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. 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 for authorization to apply for a Virginia Department of Transportation Enhancement Grant to implement bicycle and pedestrian improvements in the vicinity of Senseny Road Elementary School. (Commissioner Ours was absent from the meeting.) PUBLIC MEETING Master Development Plan 411 -06 for Freedom Manor, submitted by Greenway Engineering, to develop 26.87 acres of RP (Residential Performance) zoned property with 70 single - family homes. The property fronts on the east side of Papermill Road (Rt. 644), approximately 2,300 feet west/ northwest of the intersection of Papermill Road and Front Royal Pike (Rt. 522). The property is further identified with • PIN 64 -A -23 in the Shawnee Magisterial District. Action — Recommended Approval Planner Candice E. Perkins reported that this master development plan (MDP) is an application to develop 70 single- family detached urban dwellings on property which was rezoned to RP (Residential Performance) in 2005 with proffers. She noted that access to the site is proposed via one primary entrance onto Papermill Road (Rt. 644) and one entrance onto Front Royal Pike (Rt. 522) which will use a traffic- calming method to discourage cut - through traffic. Ms. Perkins next reviewed with the Commission some of the significant proffers associated with the rezoning. She concluded by stating that the MDP is consistent with the requirements of the zoning ordinance and has addressed all of staffs concerns. Mr. Evan A. Wyatt with Greemvay Engineering was present to represent the applicant, Steve A. DeBrucler, et als and the Freedom Manor project. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Larry Omps, owner of the adjoining property, Omps Funeral Home, at 1260 Front Royal Pike, said he had no opposition to the MDP. However, Mr. Omps expressed concern about the traffic - calming measure to be incorporated with this development. He said the funeral home can not control the size of visitations and through past experience, they have had automobiles parking allover the roads in the evening. Mr. Omps was concerned that emergency vehicles may not be able to get through the traffic- calming area, if vehicles from the funeral home have parked along that part of the street. • Since there was no one else wishing to speak, Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 1865 Minutes of September 20, 2006 -13- Commissioner Kriz asked Mr. Wyatt if the traffic calming feature could be moved. Mr. Wyatt said the location of the choker was shown on the proffered GDP with a 56 -foot right -of -way throughout the entire lane. Mr. Wyatt said they would be willing to slide the choker up or down, as long as it doesn't impact any lots or impede their ability to locate a driveway entrance on a lot. Upon motion made by Commissioner Morris and seconded by Commissioner Kerr, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 411 -06 for Freedom Manor, submitted by Greenway Engineering, to develop 26.87 acres of RP (Residential Performance) zoned property with 70 single - family homes. (Commissioner Ours was absent from the meeting.) Discussion of an amendment to Section 165 -55 of the Frederick County Zoning Ordinance regarding building setbacks in the RA (Rural Areas) Zoning District. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) is seeking to improve existing setback distances and clarification; he said the DRRS believed the proposed amendments would clear up any confusion regarding adjoining land uses and • avoid conflicts with active agricultural uses. Mr. Cheran stated that the proposed changes would also apply to family division lots; he said currently, family lots need only 50 feet for side and rear setbacks, regardless of the adjoining uses. Commissioner Thomas raised the possibility of revising the second category, Residential/ Agriculture/ Vacant 5.1 acres or more, to 200 feet rather than 100. He raised the example of an existing, vacant agricultural lot; an orchardist, for example, would be required to put in a 100 -foot setback to re- establish his orchard, thereby losing trees originally placed up to the property line. A suggestion was made to add a fourth category, Residential 5.1 acres or more at 100 feet. Conmrissioner Kriz agreed. Referring to Commissioner Thomas's example, he said even if one orchard isn't replaced by another, it could be replaced by a small fruit farm and there would be spraying. He said with the recent changes in agriculture and more niche marketing, it would make sense to increase the setback. Other Commission members agreed agriculture should be protected as much as possible Commissioner Oates questioned whether 5.1 acres of land could be classified as agriculture; he thought 20 acres or more would be more appropriate. Commissioner Oates recommended eliminating the 100 foot setback and using the classification, Agriculture/ Orchard /Agricultural & Forestal Districts 20 acres or greater. Commissioner Mohn commented that if a legally non - conforming lot is adjacent to an orchard or agriculture, a 100 or 200 foot setback is required for their dwelling. He said if the non - conforming status makes it difficult or impossible to build with this setback, the owner has the option of going to the BZA with a hardship. He believed the primary objective was a matter of protecting the agricultural uses and potential agricultural lands • from encroachment or incompatible land uses, regardless if it was an orchard or a cornfield, all deserved the same protection. Frederick County Planning Commission Page 1866 Minutes of September 20, 2006 -14- Commissioner Morris agreed with the larger setback as well. He suggested the possibility of • considering a waiver in the rare occasions when the setbacks can not be accommodated. Commissioner Oates noted that within the City of Winchester, the Zoning Administrator has the ability to grant a waiver up to a certain percentage of the sideyard setbacks. He thought the DRRS might possibly consider this for the County during their discussions. Commissioner Oates said that if it was within the Zoning Administrator's power to grant a waiver, a person may not have to go to the BZA if the footage is close. He anticipated the possibility of a considerable number of cases going to the BZA, if there is no mechanism for an easier solution. Mr. Cheran suggested this item be taken back to the DRRS for further discussion and review and to incorporate the comments received from the Planning Commission. Commission members agreed. OTHER REVISED DEVELOPMENT IMPACT MODEL Chairman Wilmot announced the distribution of a new, revised development impact model which was approved by the Board of Supervisors on September 13, 2006. She said it may not be unusual to see these revisions annually as figures change and become further refined. 40 VESTED RIGHTS Chairman Wilmot suggested a discussion be held on the subject of vested rights at the Planning Commission's next regularly scheduled meeting. THREE- DIMENSIONAL MODELING Commissioner Oates stated that the three- dimensional modeling used by the staff at this evening's meeting was very valuable and he believed the Planning Department needed to look into budgeting money and obtaining that software for future use. Commissioner Thomas suggested the possibility of having the applicants submit it as part of the application. Frederick County Planning Commission Page 1867 Minutes of September 20, 2006 -15- ADJOURNMENT • There being no further business to discuss, the meeting adjourned by a unanimous vote at 10:00 p.m. Respectfully submitted, &)�' . ki a' M. Wilmot, Chairman Lawrence, Secretary E • Frederick County Planning Commission Page 1868 Minutes of September 20, 2006