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PC_06-06-07_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 June 6, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; Gary R Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At- Large; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, �Gainesboro District; Richard C. Ours, Opequon District; and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Michael T. Ruddy, Deputy Planning Director, Candice Perkins, Planner II; Lauren Krempa, Planning Technician; and Renee' S. Arlotta, Clerk. i 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 Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Conunissioner Kerr, the minutes of the April 18, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 05/24/07 Mtg. Commissioner Unger reported that the DRRS had a lengthy discussion about ordinance changes to convert the existing Standard Industrial Classifications (SIC) to the North American Industry Classification 19 System (NAICS). Frederick County Planning Commission Page 2060 Minutes of June 6, 2007 -z- Transportation Committee 05/21/07 Mtg. Commissioner Kriz reported that the Transportation Committee discussed changes made to the Transportation Impact Fees resulting from legislation this year by the General Assembly. Commissioner Kriz reported that some of the major changes included: use of the word "benefiting" rather than i 1 necessitated by and attributable to" regarding new development; areas in the Urban Development Area may be excluded; a change from ten years to 20 years for development; and impact fees being assessed at the time of the building permit rather than the certificate of occupancy. He said transportation impact fees cannot be used for road maintenance. In addition, the committee discussed possible examples of where this could be applied in Frederick County. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA is working on acquiring certification through the Virginia State General Assembly's PDR (Purchase of Development Rights) Program, which is a newly allocated funding program which will provide a total of $4''A million across the State, for registered and certified counties with PDR Programs, in allotments of approximately $265,000 for each county certified. He reported this is a matching grant and Frederick County is working with its Finance Department to determine how the County could allocate money for future matching grants. 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 #04 -07 of Edison Gomez for a public garage with body work at 2608 Double Church Road (Rt. 641). This property is identified with P.I.N. 93 -4 -3 in the Opequon Magisterial District. Action — Recommended Approval with Conditions Planning Technician, Lauren Krempa, reported that public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP), provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from adjoining properties. She added that ordinance requirements stipulate that all repair work • shall take place entirely within an enclosed structure, as well as screening of all parts and equipment. Ms. Krempa next read a list of recommended conditions, should the Commission find the use to be appropriate. Frederick County Planning Commission i Page 2U61 Minutes of June 6, 2007 -3- Mr. Edison Gomez, the applicant, stated that the garage was constructed in 1986. Mr. Gomez • said he initially intended to use the garage for his own personal shop. Later, he decided to start a business and applied for a business license and CUP. Mr. Gomex explained that the only work he did to the building was to add guttering, he put epoxy coating on the concrete floor, and he insulated the walls. He said the electric and water was installed in 1992. Commissioner Morris asked the applicant how he would dispose of by- products. Mr. Gomez replied that left -over scrap metal is taken to Zuckermans for recycling approximately once a month. Chairman Wilmot called for public comments. No one came forward to i peak and Chairman Wilmot closed the public continent portion of the hearing. Commissioner Kriz made a motion to approve the CUP with the conditions recommended by the staff and with the added condition that no scrap parts or metal will be accumulated outside. e This motion was seconded by Commissioner Manuel and unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 904 -07 of Edison Gomez for a public garage with body work at 2608 Double Church Road (Rt. 64 1) with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any business uses outside the repair realm of the conditional use permit is not permitted. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. • 4. All repairs shall take place within the existing three -bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. This repair business is not permitted any employees other than current residents of the property at 2610 Double Church Road, per the Health Department's comment for this application. 8. Any expansion or change of use shall require a new Conditional Use Permit. 9. No scrap parts or metal will be accumulated outside. Rezoning #05 -07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M1 (Light Industrial) District to B2 (Business General) District with proffers for office and retail uses. The property is located on the south side of Airport Road (Rt. 645), directly across from the Winchester Regional Airport terminal building. The property is identified with P.I.N. 60 -A -401 in the Shawnee Magisterial District. • Action — Tabled for 45 Days Frederick County Planning Commission Page 2062 Minutes of .tune 6, 2007 -4- Commissioner Manuel said he would abstain from all discussion and voting on this rezoning, due • to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that the original master development plan (MDP) #009 -87 was revised in 1999 to incorporate the Flex -Tech designation to various locations throughout the Airport Business Center. He said the parcel for which this rezoning is being requested is zoned MI with a Flex - Tech designation. Mr. Ruddy reported that the parcel is located within the County's Sewer and Water Service Area (SWSA). In addition, the Eastern Frederick County Long -Range Land Use Plan identifies the general area surrounding this property as industrial and the current zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. Mr. Ruddy noted that one of the objectives of the Comprehensive Policy Plan is for quality design standards in this area. He said this property is located directly across from the Winchester Regional Airport; therefore, it is a gateway location and prime economic development site for Frederick County, Mr. Ruddy continued his report with the transportation aspects of the site; he described the recent improvements by VDOT to the transportation system in the immediate vicinity. He said the TIA (transportation impact analysis) prepared for this site projected approximately 6,000 tpoland a LOS (level of service) "C" could be maintained on the study road and intersections with the provision of two improvements: the proposed signalization of Route 522 and Airport Road, proffered as part of the Russell 150 project, and the signalization of Victory Lane and Route 50, in which the applicant has proffered to participate, along with others. In addition, the applicant has proffered the construction of frontage improvements along their site, specifically, an additional lane on the south side of Airport Road. Mr. Ruddy stated that walkways and sidewalks have not been fully proffered; the applicant has stated that those improvements will be incorporated into the site to facilitate pedestrian movements. Mr. Ruddy next proceeded to review the applicant's proffers with the Commission. Mr. Ruddy stated that the applicant has proffered limitations on the land uses allowed on the property by insuring that no less than 60% of the land uses in the B2 area will be uses that are also those allowed in the M 1 area. He noted that the Winchester Regional Airport recommended that no daycare facilities be permitted on the site. Mr. Ruddy said the applicant has also proffered a monetary contribution of $5,000 to fire and rescue services. Mr. Tim Stowe of Stowe Engineering, PLC was representing the property owner, Mr. Michael J. Bermel, and the Admiral Byrd Center rezoning application. Mr. Stowe stated the total site area consists of 23.5049 acres, zoned M 1, and the proposed rezoning is for an 11.4 portion along the front of the property on Airport Road to be rezoned to B2. He said their studies indicated the best use for this site, in light of the fact that people come and go via the airport, would be a B2 use in the front of the property. He stated their desire to make a positive first impression for the many visitors coming to the area for pleasure, for business, and for economic development. Additionally, conversations with many people in this area indicated a desire for some convenience service nearby, without having to drive out into the traffic on Route 50. Mr. Stowe believed that convenient support services for employees of the businesses in the area, as well as the visitors, would be served by this request. He said the uses planned deal with general business offices, financial institutions, and specialty retail. Regarding the airport's recommendation about daycare uses, Mr. Stowe thought the concern may be related to noise; he believed they could control noise by using insulation, if that use came to fruition. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Edward Sears said that he and his business partner, Mr. Barry Smith, were the owners of an 8.7 -acre tract of land immediately to the east of the subject parcel, across the road from Admiral Byrd Drive. Mr. Sears believed that for the Airport Road community to be most successful, it needed a commercial component. ® He stated that this site was the industrial community's best chance to get a commercial component because it had all the requirements necessary for a successful commercial property, such as, a central location, the right Frederick County Planning Commission Page 2063 Minutes of June 6, 2007 -5- topography, exposure, and access points. Mr. Sears thought this site would be a traffic interceptor, rather than a • traffic generator; and people would utilize this location on their lunch hour for banking, food, gasoline, and office supplies. Mr. Sears thought the commercial zoning would be beneficial for the area and he was in favor of the application. Mr. Stowe presented a copy of an email he received from Ms, Mary Grant, a property owner of multiple properties on Airport Road and Victory Drive, and he said he would like to have Ms. Grant's comments placed in the record. The email read as follows: "My husband, Larry Grant, and I are owners of multiple properties on Airport Road and Victory Drive, and have interest in the public hearing to be held this evening pertaining to the rezoning of the Admiral Byrd Center project. We strongly support this rezoning and welcome the services that are planned. The availability of these services will be a positive addition. I regret I cannot attend the hearing this evening, but please accept this email as our comments in support of this rezoning. Sincerely, Mary Grant." Commission members commented about the favorable appearance of this industrial park and the high- quality design standards used by existing industrial uses along Airport Road, particularly, monument signage, hidden parking, and berms. Commissioners wanted to make sure the appearance of the industrial park was not spoiled in any way. They expressed concern that the proposed rezoning had not identified a specific use and other, undesirable uses, had not been proffered out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foot pad sites. Commission members supported the applicant in his endeavor, but said they would be more comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. In addition, it was suggested that the applicant show a conceptual layout, possibly with a generalized development plan. Other Commissioners questioned the capability of traffic flow with the intermixing of industrial and business uses; questions were also raised about the economic benefit of rezoning industrial land to business. Chairman Wilmot asked the Economic Development Commission's liaison, Commissioner Kerr, for his thoughts from an economic development perspective. Commissioner Kerr had concerns about taking land out of M 1 zoning; he said M I land was at a historic low in this area. He noted that in order to attract business, a site must be able to be turned around quickly and, without an inventory of industrial land, this is not possible. On the other hand, Commissioner Kerr said he thought this was a good location for what the developer wants to do. He also had concerns about design standards; however, and said he would prefer to know what would be established on the site. A motion was made by Commissioner Morris to table the rezoning application for 45 days in order to give the applicant time to make a refinement in the doctunentation and paperwork. This motion was seconded by Commissioner Kerr and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning 405.07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from Ml (Light Industrial) District to B2 (Business General) District, for 45 days in order to give the applicant additional time to specifically define the uses proposed for the site with the aid of conceptual drawings, revised proffers, and possibly, a generalized development plan. (Note: Commissioner Manuel abstained from voting; Commissioners Thomas, Triplett, and Ours were absent from the meeting.) C � J Frederick County Planning Commission Page 2064 Minutes of June 6, 2007 1 PUBLIC MEETING Master Development Plan #06 -07 for Winchester Industrial Properties, submitted by Johnson Development, Inc., for industrial uses on 107.78 acres, zoned MI (Light Industrial) District. The properties are located on Brooke Road (Rt. 1328), in and adjacent to Fort Collier Industrial Park. The properties are further identified with P.I.N.s 54 -A -91A and 54 -A -36T in the Stonewall Magisterial District. Action — Recommended Approval of Waiver with Stipulation Action — Recommended Approval of MOP Planner Candice E. Perkins reported that this master development plan (MDP) is a proposal to develop 107 acres of M I (Light Industrial) -zoned property, which consists of two separate parcels, with industrial uses. Ms. Perkins said that a portion of this site, referred on the MDP as the Lockhart tract and also known as the Seefried tract, was rezoned with proffers in 2006. Ms. Perkins said the revised MDP addresses all of the concems raised in the staff's report. She said staff has also received a Deed of Release which eliminates the easement through the Detention Center property, also proffered with the Seefried rezoning. Ms. Perkins reported that the applicant is requesting a waiver of Section 144 -24C, Subdivision Ordinance, State Road Frontage Requirements. She explained that Parcel 54-A-9 IA, the Lockhart tract, will be served by a public road; however, if this parcel is subdivided in the future, a public road connection may not be appropriate for the designated area. Mr. Scott Scheel and Mr. Copeland Rhea were present on behalf of the applicant, Johnson Development, Inc. • Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the meeting. A motion was made by Commissioner Oates to recommend approval of the waiver request for Parcel 54- A -91A, known as the Lockhart tract, with the stipulation that this be valid only while the property is zoned M1 (Light Industrial). This motion was seconded by Commissioner Light and unanimously passed. A motion was made by Commissioner Oates to recommend approval of MDP #06 -07 of Winchester Industrial Properties, LLC, with the note that the connection of the two State roads, Brooke Road (Rt. 1328) and Park Center Drive, is a vital part of the MDP. This motion was seconded by Commissioner Light and unanimously passed. f BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the requested waiver to the Frederick County Subdivision Ordinance, Section 144 -24C, State Road Frontage Requirements for Parcel 54-A-9 IA, the Lockhart tract, to be valid only while the property is zoned M1 (Light Industrial) and does hereby unanimously recommend approval of Master Development Plan 406 -07 for Winchester Industrial Properties, submitted by Johnson Development, Inc., for industrial uses on 107.78 acres, zoned Ml (Light Industrial) District, with the notation that the connection of the two State roads, Brooke Road (Rt. 1328) and Park Center Drive, is a vital part of the MDP. (Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) • Frederick County Planning Commission Page 2065 Minutes of June 6, 2007 -7- Request by David and Linda Hicks, submitted by Artz & Associates, PLC, for a waiver of the Frederick Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144 -17, Streets (G)(1), Cul- de -sac, to allow a cul -de -sac length of approximately 1,451 feet, 451 feet more than the allowed 1,000 feet. The property is located north of Glaize Orchard Road (Rt. 682), 0.6 miles east of East Hunting Ridge Road (Rt. 608). The property is further identified with P.I.N. 21 -A -37 in the Gainesboro Magisterial District. Action - Denied Commissioner Oates said he would abstain from all discussion and voting on this matter due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant believes the extreme topography of the property will not accommodate a shorter cul -de -sac. He said the applicant states that in order to achieve full use of this property, a waiver is needed because the lot lines follow a ridge line with side slopes too steep for loop roads. Mr. Cheran said the cul -de -sac will serve I 1 lots, it has a right -of -way distance of not less than 50 feet and a paved radius of not less than 45 feet. He added that VDOT and the Fire and Rescue Department had no adverse comments about the waiver because the road is being constructed to state standards. Mr. Michael M. Artz, L.S., of Artz & Associates, PLC, came forward to represent the property owners, David and Linda Hicks. Mr. Ariz said a land disturbance permit was obtained from the Public Works Department and the road has already been constructed. He stated that the road was designed and approved by VDOT, it was also approved by the Public Works Department, and the road was constructed to state standards. Mr. Artz said the reason they are asking for a waiver is because the topography and the narrowness of the lot does not allow for development of this property beyond the interior of the parcel. Chairman Wilmot called for public comments; however, no one came forward to speak. Commission members had numerous procedural concerns and questions about how the road could have been constructed before the subdivision was approved. Planning Director, Eric R. Lawrence, commented that the Planning Department has encountered this type of situation on previous occasions; specifically, where an applicant gets a land disturbance permit and constructs roads and infrastructure before getting the subdivision approved. Mr. Lawrence explained that the Planning Department has recently established a procedure and a working relationship with the Public Works Department, whereby the Planning Department will provide an approval signature on land disturbance permits. He said the Public Works Department will no longer issue a land disturbance permit without the Planning Department endorsing that a design plan or a master plan has been approved for the site. The land disturbance permit for this property was issued before the new procedures were put into place. Mr. Lawrence added that in this particular case, there are three original lots plus the fourth, which is the tract under consideration to be subdivided, and the recently - constructed road. He said the applicant could avoid the cul -de -sac waiver by creating a second road, possibly one that leads to the south. Mr. Artz explained that the area along the northern and western sides of the property is Babb's Creek, eliminating the possibility of access across to the north or west. Mr. Artz said the proposed inter - parcel access connector is designed to be a 50 -foot ingress /egress easement with possible future road dedication; however, it would not be constructed as a part of this project. He said if the adjoining property owner wants to subdivide and extend the road, then the 50 -foot strip would be dedicated and built to state standards. Mr. Artz said this subdivision is providing the possibility for inter -parcel access and the strip of land would be available for . dedication for the adjoining property owner to use. Mr. Artz said that they are, in affect, requesting a waiver, not for 2,400 feet, which is the entire length from Glaize Orchard Road all the way to the end of the cul -de -sac, but Frederick County Planning Commission Page 2066 Minutes of June 6, 2007 cm for a waiver from the inter -parcel connector to the end of the cul -de -sac which is 1,400 feet. Mr. Artzpointedout • that the access will not be dedicated by this property owner, but will actually be owned by one lot and that lot owner will have to dedicate that land at any point in the future. Mr. Artz said they would make sure that wording will be in the restrictive covenants for that particular lot. Mr. Lawrence suggested the applicant make a notation on the plats which states that the inter - parcel access will be dedicated to the County within 90 days of the request. He said the Commission could proceed on the assumption this will be an intersection. He said if it is made clear the right -of -way will be dedicated upon request, then he could agree with applicant's request for a 1,200 -foot cul -de -sac. Mr. Lawrence suggested that if the applicant is offering to create a potential stub -out for use by future development, he would suggest that it be measured as a 1,200 -foot cul-de -sac and the applicant would need a 200 waiver. Commission members had misgivings for the way in which this subdivision had come about. However, some Commissioners were agreeable to approving the cul -de -sac length waiverlto accommodate the proposed roads, with the understanding the applicant will make the stub street available at no cost for future development. Commissioner Kriz made a motion to approve the waiver with a notation on the plat stating the right -of -way easement will be made available at no cost for future access within 90 days of its request. This motion was seconded by Commissioner Unger. The motion failed, however, by the following vote: YES (TO APPROVE) Kriz, Morris, Manuel, Unger NO: Mohn, Kerr, Wilmot, Light, Watt • ABSTAIN Oates (Please Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) Because the previous motion failed, Chairman Wilmot called for a new motion. Commissioner Kriz made a new motion to deny the waiver. This motion was seconded by Commissioner Light and passed by the following vote: YES (TO DENY) Watt, Morris, Light, Kriz, Kerr, Mohn, Wilmot NO: Unger, Manuel ABSTAIN Oates (Please Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) OTHER WORK SESSION SCHEDULED WITH MICHAEL CHANDLER, CPEAV ® Chairman Wilmot announced that a work session has been scheduled on June 26, 2007, at 12:00 noon, for the Planning Commission and Board of Supervisors. She said that Michael Chandler, with the CPEAV, Frederick County Planning Commission Page 2067 Minutes of June 6, 2007 m is available to make a presentation on that date. The topic of his presentation is the relationship between the • Planning Commission and the Board of Supervisors and their roles. CPEAV HANDOUT Chairman Wilmot provided the Commissioners with a handout she received at a recent CPEAV conference on May 7, 2007. Chairman Wilmot made a reference to an article on Page 7, regarding the Comprehensive Policy Plan. She spoke briefly on the importance of a Comprehensive Policy Plan when considering rezoning applications. CPPA SUMMARY Deputy Planning Director, Michael T. Ruddy, provided the Commission with a summary of all of the CPPA (Comprehensive Policy Plan Amendments) that were submitted by Friday's deadline. Mr. Ruddy stated that 11 applications have been submitted and a meeting has been scheduled for June 25, 2007, at 6:30 p.m. He said additional information will be provided at a later date. • ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:45 p.m. by a unanimous vote. Respectfully submitted, Wilmot, Chairman Eric R--Lawrence, Secretary a Frederick County Planning Commission Page 2068 Minutes of June 6, 2007