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PC_10-04-06_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 October 4, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, 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; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; John A. Bishop, Transportation Planner; Candice E. Perkins, Planner II; Bernard S. Suchicital, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of September 6, 2006 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 09/28/06 Mtg. Commissioner Thomas reported that the DRRS discussed the ordinance definition of family members in a family -lot subdivision; he said the DRRS was satisfied with the existing definition. Commissioner Thomas said the DRRS also reviewed setbacks for the rural preservation lots concerning clarification to avoid • confusion. He said the staff will be bringing the subcommittee's solution to the Commission in the near future. Frederick County Planning Commission Page 1869 Minutes of October 4, 2006 -2- Transportation Committee - 09/25/06 Mtg. Commissioner Kriz reported that the Transportation Committee reviewed and acted on five items: 1) the traffic - calming criteria for subdivisions was adopted; 2) the decision was made not to participate in a grant to expand the bus service along US Rt. 11; they received an activity update from the MPO which included information on the bicycle and pedestrian mobility plan, local assistance projects, and the access management plan focused on issued at the I- 81/Rt. 1 I /Shady Elm area; 4) VA Rt. 37 through the Stonewall Industrial Park was confirmed and approval was given to survey for the centerline along its entire route; and, 5) therating system for hard surfacing of rural roads, including the rustic road alternative, will be reviewed at the request of the Board. Development Impact Model (DIM) Oversight Committee (OC) Commissioner Manuel reported that the DIM -OC held their last meeting, until further notice. He said the last discussion focused on which model would be used; he said the committee decided on the "Pay -As- You-Go" 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. PUBLIC MEETING Conditional Use Permit 907 -06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50). The property, consisting of 4.38 acres, zoned RA (Rural Areas), is identified with P.I.N. 77 -A -13 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Planter Bernard S. Suchicital reported that this item was originally heard by the Planning Commission on September 6, 2006 and was tabled for 30 days. Mr. Suchicital said that since the September 6 meeting, the staff has met with the applicant's representative to further understand the proposed use and discussed appropriate conditions for the conditional use permit. He said the applicant has confirmed the use is a country general store, not an antique store, as the project would resemble the country store on Senseny Road and the Virginia Farm Market on North Frederick Pike. Mr. Suchicital also referred to the discussions at the previous meeting about why the applicant did not pursue a rezoning and it was determined that this parcel was outside of • the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA) lines, therefore, making the rezoning option not applicable. Frederick County Planning Commission Page 1870 Minutes of October 4, 2006 -3- • Mr. Suchicital continued, stating that the applicant has reduced the size of the building from 10,000 square feet to 8,000 square feet and has provided staff with a copy of the pump and haul contract. He noted that the applicant's pump and haul company will install a remote monitoring device and an emergency response system. Mr. Suchicital next read a list of recommended conditions, should the Commission find the use to be appropriate. A member of the Commission commented that at the previous meeting, the applicant's representative had expressed a desire to offer Danish, coffee, and sandwiches. A question was raised about the staff's recommended condition 45, which would prohibit the sale of pre -made, wrapped sandwiches; it was noted that most country stores offer these items. Staff reported that the applicant will have products shipped to their site and there will be heating -up of products, but no physically producing the products on site. Another member of the Commission inquired about the staff's recommended condition #7, which would prohibit outdoor display of goods, it was noted that most country stores have outdoor displays of flowers and other seasonal items. Planning Director, Eric R. Lawrence, replied to questions regarding the on -site food preparation; he said the restrictions were based on the proposed health system and the fact that on -site food preparation uses a lot of water and produces a considerable amounts of waste water. He said there was concern about whether the proposed pump and haul system was adequate. Commissioner Mohn commented about the size of the sign. He said with many other CUPs, the sign is typically limited to about 25 square feet in area; he inquired why the limitation on this sign was not consistent with other CUPS. Mr. Suchicital replied that the ordinance allows up to 50 square feet with a is maximum height of ten feet; however, in this particular case, the staff is requesting the applicant utilize a monument -style sign. Commissioner Thomas asked if there was a median cut for vehicles to go either east or west from the site. Mr. Suchicital said yes; he said the entrance to the site is directly across a median cut and there is a turning lane for both directions in the median. Chairman Wilmot next called for the applicant to come forward. Mr. Yang Kim came forward and introduced himself and his father, Chun Sik Kim, the property owner and applicant. Mr. Kim answered questions from the Commission. He said they would like to serve coffee, pastries, etc. on a daily basis and they would like to sell vases, flowers, and other general items on a weekend- basis. Mr. Kim said because they live so far away from this site, they anticipate hiring someone to work at the site on a daily basis and they would come to the site on weekends to sell items. Mr. Kim said they will have pre -made pastries and other items delivered to the site. Commissioner Thomas asked the applicants if they intended to have on -site fuel storage for their trucks. Mr. Kim said no. Chairman Wilmot called for anyone wishing to speak in favor or opposition to the proposed conditional use permit. The following persons came forward to speak: Captain Gent P. Mitchell, III came forward to speak on behalf of the Izaak Walton League. Captain Mitchell was concerned about the old underground fuel tanks that were buried here 40 -50 years ago, when there was a Shell gas station on the site. Mr. Mitchell was also concerned about who would ultimately be responsible, if the pump and haul sewage system fails and overflows. He was concerned about overflow sewage Frederick County Planning Commission Page 1871 Minutes of October 4, 2006 -4- that would run down the hill into the Izaak Walton Lake. • Mr. Jim Madden, a current member and past president of the Izaak Walton League, came forward to speak on behalf of the Izaak Walton League. Mr. Madden reminded the Commission that everything on the proposed site drains directly into the Izaak Walton Lake. Mr. Madden said the Izaak Walton League has been in Frederick County for 60 years; he said the league provides fishing and conservation measures for hundreds of their members and children. Mr. Madden said that part of their motto is to strive for purity of air and water and this is very important to them. He recognized the building was reduced in size, but he still believed 8,000 square feet was large for this type of operation and in a rural area. Mr. Madden said the applicants were emphatic last month in their intentions of selling and storing antique furniture; he said it sounds like there will still be some of that still taking place. He said the applicants also mentioned the parking of storage and box trucks; he commented that those type of vehicles quickly turn into bill boards. Mr. Madden pointed out that no additional information had been submitted on the stormwater management. Because of the fact the Izaak Walton League was a conservation club, Mr. Madden said they believed they deserved a somewhat more from this applicant than just meeting minimum county requirements for erosion control and stormwater management. Mr. Madden stated they have had to dredge their lake three times since he has been a member; he said this is a large operation and is strictly due to run -off. In conclusion, he inquired if it was a policy of the Health Department to approve holding tanks for new construction. He said the existing holding tanks on the property were installed to handle a failing septic system for a residential trailer and a small store. He asked if this will open the door for anyone in Frederick County with a lot that will not perk. Commissioner Thomas had questions for Mr. Madden about the location of the stream that feeds into the Izaak Walton Lake in relation to this site and the lake. Mr. Madden said the head of their lake and their property line is probably no more than 300 feet from the store location and parking lot. • Mr. Yung Kim, the project's civil engineer, came forward to represent his clients, Mr. Yang Kim and Mr. Chun Sik Kim. Mr. Kim said he believed all of the concerns raised at the previous meeting had been addressed. He said one of the concerns raised was the size of the building and it was reduced from 14,000 square feet down to about 8,000 square feet. He said the parking lot area is now smaller because the size of the building was reduced. With regards to the concern of a possible overflow of the pump and haul system, Mr. Kim said they have provided the staff a copy of the contract issued by the company who will service and monitor the pump station. He added that the hours of operation will be from 5:00 a. m. until 10:00 p.m. Mr. Kim further added that stormwater management and best management practices will be addressed at the site plan stage. Chairman Wilmot next closed the public comment portion of the meeting. Commissioner Thomas asked Mr. Kim to describe the aspects of the holding tank in further detail. Commissioner Thomas also asked the staff if an overflow retention pond is required around the holding tank. He suggested the installation of a retention dike around the holding tank, so if it does overflow or if there is any spillage, it will be retained within a small area. it was determined there would be two 1,500- gallon holding tanks on site. There was an interest among some members of the Commission to allow the on -site food preparation. The staff suggesting modifying Condition #5 to state, "There shall be no on -site food preparation without the Health Department approval." There was also interest in allowing the applicant to have outdoor display of seasonal items, under Condition 97. The staff suggested placing a size limit on the outdoor display; for example, "Outdoor display is allowed in designated areas and not to exceed 500 -1,000 square feet." Commissioner Light suggested that Condition 47 include, "No outdoor display of goods after business hours." L Frederick County Planning Commission Page 1872 Minutes of October 4, 2006 -5— Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, • BE IT RESOLVED, THAT by a majority vote, the Planning Commission does hereby recommend approval of Conditional Use Permit 407 -06 of Jae Cha for a country general store at 2960 Millwood 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, and the site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. 3. One monument sign shall be allowed on the property; the sign shall be limited to 50 square feet in area. The sign shall not exceed ten feet in height. 4. No on -site vehicle fuel storage or sales allowed. 5. There shall be no on -site food preparations without Health Department approval. 6. Store hours of operation shall be between 5:00 am to 10:00 pm. 7. No outdoor display of goods after business hours will be permitted, other than seasonal display items. The outdoor display area shall be limited to 500 square feet. • 8. There shall be no more than one vehicular entrance for the site. 9. A pump and haul agreement shall be maintained with a qualified company implementing an alarm - notification system. 10. Any expansion or change of use will require a new conditional use permit. 11. Approval of CUP #07 -06 will null and void the existing CUP #10 -03. The majority vote was: YES (TO APPROVE) Mohn, Kerr, Kriz, Ours, Wilmot, Light, Oates, Morris, Manuel, Watt NO: Thomas, Unger (Note: Commissioner Triplett was absent from the meeting.) E Frederick County Planning Commission Page 1873 Minutes of October 4, 2006 • Waiver Request for Gas Mart #7, submitted by Greenway Engineering, to consider an entrance spacing waiver permitted in Article IV, Section 165- 29B(1), of the Frederick County Code, to allow for a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. The subject property is located at the intersection of Route 7 and Eckard Circle and is identified by P.I.N. 55- A-37 in the Red Bud Magisterial District. Action — Tabled for 30 Days Planner Candice E. Perkins reported that this is a request by Greenway Engineering on behalf of Gas Mart #7 for a waiver to allow for the reduction in the minimum entrance spacing for business entrances on arterial roads. Ms. Perkins explained the site is currently being developed as a gas station with two points of access on Eckard Circle. She said the applicant has already constructed the curb, gutter, and sidewalks along Route 7, which is being installed per the approved site plan on record. Ms. Perkins said that at the Commission's December 7, 2005 meeting, a waiver for a right -in, right -out only was denied. She said the applicant is now requesting a right -in only along Route 7. She pointed out that the entrance spacing on Route 7 is 200 feet from existing entrances, specifically, Eckard Circle and the existing Seven - Eleven entrance; she said the proposed entrance shown is being located 95 feet off of Eckard Circle and 120 feet off the adjacent Seven - Eleven entrance. Therefore, the applicant would need a waiver for 105 feet off of Eckard and 80 feet off the adjacent Seven - Eleven entrance. Commissioner Thomas inquired if intersection there was scheduled to receive a traffic signal and Ms. Perkins replied no. Commissioner Thomas asked if there were any other speed - controlling measures along this area; it was noted there was a 45mph speed limit through this area. Staff replied no. • Mr. Mark Smith with Greenway Engineering came forward to represent the applicant in this waiver request. Mr. Smith had two concerns; the Eckard Drive situation and how VDOT would handle the movement in that area with the traffic signals and the entrance cross -over on Route 7. We worked with Mr. Lloyd Ingram of VDOT for some time and the application package includes a copy of Mr. Ingram's approval letter for the right -in only, which they believe is safe. Mr. Smith said the "throat" of the right -in has been narrowed to encourage that this will be a one -way situation, the turning radius there are not sweeping, so as traffic moves on Route 7, vehicles need to stay within the lane with a blinker to make the movement. He said there are other users on Eckard Drive; he said Mrs. Cole controls part of the access, as well as Mr. Jack Wampler Jr. and Sr., who control the mobile home park, and they are supportive of this application. A letter from VDOT was included with the application. Mr. Smith said this would result in a better transportation scenario and functionality for the business. Commissioner Thomas asked the applicant how he would ensure that delivery trucks would not use this entrance. Mr. Smith said the physical way to ensure that is through the narrow radius; the owner will be encouraged to make his delivery people aware of the back entrance. Chairman Wilmot asked the applicant what would prevent someone from exiting out of the entrance. Mr. Smith said that signs will be posted, at the request of VDOT. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Thomas said the 200 -foot spacing requirement was enacted in order to give drivers an opportunity to react to traffic movements. Commissioner Thomas suggested reducing the entrance • width to 12 feet instead of 20 feet, if this was to be used as an entrance only. He believed a safety problem would be created with the 45 mph speed limit and having entrances too close together. He said with no traffic signal to Frederick County Planning Commission Page 1874 Minutes of October 4, 2006 -7- slow traffic, drivers will have only seconds to react. • Commissioner Oates said he did not see a hardship here, since there were two entrances on Eckard Circle. In an opposing view, Commissioner Manuel believed a 12 -foot entranceway was too narrow and created a safety problem; he said a driver turning into the lane is more apprehensive, will slow down, and will create a safety problem. Commissioner Unger also thought a 12 -foot entrance would be too narrow. He didn't see a problem with the entrance, since it was an in -only. Commissioner Light suggested the words, "No Exit," be painted on the pavement. Commissioner Light asked the applicant about using the Seven - Eleven entrance. Mr. Smith replied that they did not have the right to access that entrance. Mr. Smith said they had no problem with making the suggestions made by the Conunission to narrow the entrance and paint "no exit" on the pavement, and they would work with VDOT on these recommendations. Mr. Smith again noted that they have been working with VDOT on this entrance and did not haphazardly bring it to the Commission. Commissioner Mohn said there are some issues with entrance spacing and safety; however, he believed if it was properly marked on -site and if the width could be addressed at the throat of the entrance, it would go a long way to preclude vehicles exiting incorrectly. Therefore, Commissioner Mohn moved to recommend approval of the requested waiver of 105 feet off of Eckard Circle and a waiver of 80 feet off the • adjacent commercial entrance. This motion was seconded by Commissioner Kerr. The motion failed, however, by the following majority vote: YES (TO APPROVE) Unger, Watt, Manuel, Kerr, Mohn, NO: Morris, Oates, Light, Thomas, Ours, Kriz, Wilmot (Note: Commissioner Triplett was absent from the meeting.) The applicant asked if the Commission would consider tabling the waiver request until he could bring back further detail on the entrance regarding movements and safety. Commissioner Oates said he would like this request to be reviewed by the County's transportation planner for a recommendation, before it comes back to the Commission. Commissioner Morris suggested some improvements to the site plan drawing to show where the entrances are located, how they work, and possibly, a simpler diagram of how the flow is likely to occur. Upon motion made by Commissioner Mohn and seconded by Commissioner Kerr, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously vote to table the request of Gas Mart #7, submitted by Greenway Engineering, for an entrance spacing waiver, which would allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance, • for at least 30 days to allow the applicant to assemble more detailed information. Frederick County Planning Commission Page 1875 Minutes of October 4, 2006 (Note: Commissioner Triplett was absent from the meeting.) • COMMISSION DISCUSSION EASTERN ROAD PLAN UPDATE —A PROPOSED AMENDMENT TO THE FREDERICK COUNTY COMPREHENSIVE POLICY PLAN TO ALTER THE EASTERN ROAD PLAN Action — Recommended Approval Transportation Planner, John A. Bishop, said the primary reason for the update to the Eastern Road Plan was the fact that the County, as part of the MPO, had participated in the long -range planning process, which resulted in a significant number of projects being added, thereby necessitating the desire to bring the Eastern Road Plan, as it existed in the Comprehensive Policy Plan, up to date. Mr. Bishop used a power point program to display the existing Eastern Road Plan; he pointed out all of the additions planned to be made in the proposed draft which was before the Commission. He said the plan is really very little different than what the Commission reviewed and approved back in December of 2005; however, there are some key updates that they've worked on closely with VDOT, the Transportation Committee, and, in one instance, Stephens City, to bring this up to date. Mr. Bishop pointed out the Route 37 centerline adjustment made through the Stephenson area, which was approved by the Board in April of this year. He said the Board recently approved a further revision in • the Stonewall area at their September 27 meeting and this will also be included. Another significant item, worked on jointly with VDOT and the Transportation Committee, was the area where Charming Drive comes down south to Sulphur Springs Road; he noted Greenwood Road is proposed to "T" into Charming Drive, recognizing Charming as the dominate movement north -south through that entire section of the County. Finally, Mr. Bishop pointed out Exit 307 in which the County has been working with VDOT and the Town of Stephens City to refine the location in light of development pressure that Stephens City is facing and the right -of -way the County has been able to obtain through developments in this area. He said the draft reflects the preferred location for the interchange based on that work. In conclusion, Mr. Bishop said this plan was reviewed and approved by the Transportation Committee on August 28, 2006. He said the Comprehensive Plans and Programs Subcommittee (CPPS) considered and endorsed the revisions on September 11, 2006; however, the CPPS endorsed Independence Drive as the connection to Charming Drive and future reclassification of Victory Lane. He said the CPPS also commented that a Route 277 bypass, connecting the relocated Exit 307 to the Double Tollgate neighborhood, should be looked into as a long -term connection. In addition, Mr. Bishop said that previous road plan reviews primarily concentrated on improved major and improved minor projects; however, in preparation for today's meeting, it was determined it may be helpful to add a component, which incorporates a graphic representation of a cross section of roads. He said if it is the desire of the Commission to include this component, he would take that comment forward to the Board. Commissioner Morris asked if the plan addressed future intersections of Route 11 /Route 37/ 1- 81 / Tasker at Kemstown and what that may look like. Mr. Bishop replied that the plan calls for a Tasker Road flyover of I -81, improvements to the interchange at Route 11, improvements to the interchange with I -81 and Route 37, and an interchange with Shady Elm. Mr. Bishop said he would like to caveat that, noting there is significant additional work taking place. He said through the MPO, they are taking on further study of that area because there are a number of federal requirements with interchange spacing and land use in that area; it is Frederick County Planning Commission Page 1876 Minutes of October 4, 2006 W reflected as a desire of the plan, but there is still considerable study that will be going on. • Commissioner Oates said he would like to see the CPPS's comments, regarding Victory Lane and the extension over to Route 277, endorsed by the Planning Commission. Commissioner Oates also thought the graphic representation of a cross - section of each of the categorized roads should be included, so that developers will know what is expected of them. Other Commission members agreed with his comments. DISCUSSION OF FREDERICK COUNTY'S POLICY ON VESTED RIGHTS Planning Director, Eric R. Lawrence, said that the Vested Rights Policy adopted by the County in 1996 is the staff's tool in determining what is vested on master development plans, subdivision plats, and site plans. Mr. Lawrence explained that, generally speaking, the County's Vested Rights Policy deals with vesting developments in their densities, their number of units, their open space requirements, setbacks, and buffers. With regards to a rezoning or a Comprehensive Policy Plan study, Mr. Lawrence stated it is clear that a Comprehensive Policy Plan is a policy or a guideline which helps the elected and appointed officials make decisions when a rezoning comes forward. He explained that simply because a policy indicates what the long - range plan should be on a property, for example, whether it's within the UDA or not, whether it's residential or industrial - planned use, is not a vested right —it is a guideline for the County to make decisions. He said the vested rights kick in once an affirmative governmental action, specifically, a legislative action by the Board of Supervisors, takes place. He said that once the Board of Supervisors grants a rezoning, then the property owner becomes vested. is Mr. LawTcnce Ambrogi, the Planning Commission's legal counsel, staled that Virginia State Code Section 15.2 -2307, Vested Rights Not Impaired, is probably the most helpful guide on vested rights. He said the key wording is that "... the landowner obtains... a significant affirmative governmental act which remains in effect allowing development of a specific project..." Mr. Lawrence and Mr. Ambrogi answered questions from Commission members. Commission members found the discussion to be helpful in their understanding of vested rights. OTHER DRAINFIELD CONCERNS Planning Director Eric R. Lawrence stated that the County has been reviewing recent drainfield concerns in the rural areas through the County's Public Works Committee, which is a subcommittee of the Board of Supervisors. Mr. Lawrence said the Public Works Committee has investigated drainfields and have made several recommendations. He said that one suggestion was for the County to require 100 percent reserve drainfields; he said current regulations require 50% reserve. Mr. Lawrence said a public hearing was held by the Board last week to consider adopting an ordinance to require the 100 percent drainfield. However, while there was support, thoughts were raised on reviewing other areas of health systems as well, such as pump outs, • maintenance contracts for alternative systems, and possibly a transfer pump -out requirement for property transfers. Mr. Lawrence said he would keep the Commission informed on this subject. Frederick County Planning Commission Page 1877 Minutes of October 4, 2006 -10- 0 ADJOURNMENT Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, the meeting adjourned by a unanimous vote at 8:45 p.m. Respectfully submitted, M. Wilmot, Chairman Eric lt. La"Tence, Secretary • • Frederick County Planning Commission Minutes of October 4, 2006 Page 1878