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PC_09-05-07_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 September 5, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District, Roger L. Thomas, Vice Chainnan/Opequon District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Dates, Stonewall District, John H. Light, Stonewall District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Cordell Watt, Back Creek District; STAFF PRESENT: Eric R. Lawrence, Planning Director; John A. Bishop, Deputy Director, Transportation Division; Candice E. Perkins, Senior Planner; 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 unanimously adopted the agenda for this evening's meeting. MEETING MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of August 1, 2007 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS1 08/23/07 Mtg. Commissioner Unger reported that the DRRS discussed a proposed subdivision ordinance amendment pertaining to sidewalk requirements; he said the intent was to develop a standard width. Commissioner Unger said the DRRS also discussed a proposed subdivision ordinance amendment dealing with the expansion of existing right -of -ways. Frederick County Planning Commission Page 2099 Minutes of September 5, 2007 -z- Transportation Committee - 08/27/07 Mtg. Commissioner Kriz reported that the Transportation Committee discussed and took action on the following items: 1) The WinFred MPO Bicycle and Pedestrian Mobility Plan was forwarded to the Board of Supervisors for adoption. There was discussion about the funding and the timing of construction. The committee stated that it should be funded from development, grants, and designated funds, and with tax dollars only if there were certain connections that needed to be made. Business sponsorship was suggested. 2) The VDOT Chapter 527 Regulations regarding Traffic Impact Analysis will be implemented on January 1, 2008. Frederick County will be affected only slightly, if at all, because of the current relationship with the Staunton District. 3) Staff was instructed to proceed with writing anew enhancement grant. $140,000 was received last year, which is 20% of the total requested. Staff was instructed to proceed with preparing a grant for Safe Route to Schools Funds, which is funded at 100 %. These grant monies will be used on Senseny Road. 4) The Transportation Committee will begin work on the Access Management Plan as directed by the Board of Supervisors. Access management is the systematic control of the location, spacing, design, and operation of driveways, median openings, interchanges, and street connections to a roadway. Historic Resources Advi Board (HRAB) — 08/21/07 Mtg. • Commissioner Oates reported that the HRAB received a presentation by staff on updates to some sections of the Comprehensive Policy Plan and also some items for revisions. He said the HRAB studied those items and discussions will continue. Commissioner Oates said a suggestion was raised for a comity museum and library combination. He said Handley Library has received several donated items over the years and this would be a place to display these items. Commissioner Oates said a field trip is scheduled for Tuesday, September 11, 2007, to visit cone n inity centers and examine their surrounding historic features in order to determine how these could be integrated into the historic districts. He said the HRAB is also brainstorming on ways to make historic districts more appealing to landowners, with benefits similar to i those in Agricultural Districts. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA is working on their ongoing project for a gala to be held at the Discovery Museum on October 27, 2007. He said the purpose of the event is to enhance public awareness and raise money for the CEA for future programs. City of Winchester Planning Commission • Chairman Wilmot reported that the Planning Commission for the City of Winchester discussed issues relating to home care, as well as over - crowding. She said a rezoning to expand some commercial areas was Frederick County Planning Commission Page 2100 Minutes of September 5, 2007 -3- also considered. • CITIZEN COMMENTS Chairman Wilmot called for citizen continents on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC MEETING Master Development Plan 909 -07 for Annandale Allied Industrial Park, submitted by Urban, Ltd., for industrial uses near the intersection of Shady Elm Road (Route 651) and Dawson Drive, adjacent to Route 37. This property is identified with P.I.N. 63 -A -61 in the Back Creek Magisterial District. Action — Reconunended Approval Senior Planner, Candice E. Perkins, reported that this master development plan (MDP) is a proposal to develop 67.7 acres of M 1 -zoned land with industrial land uses. No proffers are associated with the property. Ms. Perkins said the new development will be accessed off a new public street onto Shady Elm Road. She said the new road will be the only access point onto Shady Elm Road; all other entrances are prohibited. Ms. Perkins stated that the Eastern Road Plan of the Comprehensive Policy Plan identifies Shady Elm Road as an ® improved major collector road. She noted this MDP will be providing improvements to Shady Elm Road, which will upgrade the road to a pavement width of 36 feet and provides curb, gutter, and sidewalks along the front of the property. She said the Eastern Road Plan also identifies a new interchange plan for Route 37 at Shady Elm Road; this MDP provides a land reservation for the interchange which will be dedicated without compensation within 180 days of a request from VDOT or Frederick County. Mr. Joe Johnson with Urban, LTD, the design and engineering firm representing the applicant, was available to answer questions from the Commission. Chainnan Wilmot called for public comments; however, no one came forward to speak. No issues or areas of concern were raised by the Commission. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously recornmend approval of Master Development Plan 409 -07 for Annandale Allied Industrial Park, submitted by Urban, Ltd., for industrial uses near the intersection of Shady Elm Road (Route 65 1) and Dawson Drive, adjacent to Route 37. (Note: Commissioner Watt was absent from the meeting.) L� Frederick County Planning Commission Page 2101 Minutes of September 5, 2007 -4- i Master Development Plan 910 -07 for Renaissance Commercial Center, submitted by Greenway Engineering, for commercial uses on Valley Pike (Route 11), 200 feet south of its intersection with • Prosperity Drive. This property is identified with P.I.N.s 75 -A -2, 75 -A -2B, 75 -A -2C, and 75 -A -2R in the Back Creek Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this master development plan (MDP) is a proposal to develop four tracts of land, which consists of 22.10 acres, for commercial land use. She stated that the 22.10 acres is comprised of 10.39 acres of B2 (Business General) -zoned property and 11.26 acres of B3 (Industrial Transition) -zoned property. Ms. Perkins said the primary access into the site will be from Renaissance Drive and the new drive will connect to Valley Pike. She noted that the Eastern Road Plan of the Comprehensive Policy Plan identifies Renaissance Drive as a new major collector road which will connect Valley Pike to Shady Elm Road; this MDP provides for the dedication of an 80 -foot right -of -way to accommodate the new major collector road and is constructing two lanes of the road through the development. The MDP also accounts for the extension of Prosperity Drive from its current cul -de -sac to connect into the new road. Ms. Perkins added that the MDP contains a note stating that only one full entrance will be permitted on Valley Pike, which will be the Renaissance Drive connection, but an additional note on the plan states that right -in, right -out entrances will not be prohibited. She pointed out that Valley Pike is classified as a minor arterial street and since this property will have direct access to Renaissance Drive, staff believes individual access to Valley Pike should be prohibited with this MDP. Ms. Perkins further added the applicant is requesting the Planning Commission grant a modification for the zoning district buffer; action from the Board of Supervisors on the modification is not required. She explained the applicant is proposing to take 60 required buffer plantings shown in the area of the distance screen and use those plantings to supplement the remainder of the buffer. Shel said the area of the requested modification is internal to the development, the buffer distance has not been redu i , and the number of trees has not been reduced, only shifted. In conclusion, Ms. Perkins stated that two actions are required for this MDP; one action is needed for the buffer modification and another action for the MDP, itself. Commissioner Thomas asked if the Planning Staff was agreeable to the applicant's proposal for a right -in, right -out on Valley Mill Road. Ms. Perkins said that it was not a desirable situation from the staff's point of view; however, the applicant can meet the entrance spacing requirements. Mr. Evan A. Wyatt, with Greenway Engineering, was representing the MDP for Renaissance Commercial Center. Mr. Wyatt explained that Prosperity Drive is an existing road segment which was built to serve the Kemstoww Business Park. He said the properties and the road system associated with Kemstown Business Park are not a part of the Renaissance Commercial Center; He said the applicant is simply making a road connection to their road system at the staff's request. In addition, Mr. Wyatt said that VDOT was concerned about making sure their entrance was set to align with the Don Beyer Volvo entrance across Route 11. He said the applicant field- located the Don Beyer Volvo entrance, which was critical because the applicant agreed to fully fund traffic signalization at their main road entrance and this provides the Don Beyer Volvo entrance across the street an alignment for the future traffic signal. Mr. Wyatt said the MDP provides full frontage improvements along Route 11, which includes an additional travel lane and a taper/ turn lane into their entrance. Regarding the questions concerning the right -in, right -out, Mr. Wyatt said the ordinance sets entrance spacing requirements for full entrances. He said the applicant is willing to commit to limit the access on • the north side of Renaissance Drive to a "right -in -only" and the access on the south side of Renaissance Drive as a "righty - out - onl." Mr. Wyatt believed the right -in, right -out options would assist traffic movement by Frederick County Planning Commission Page 2102 Minutes of September 5, 2007 -5- eliminating the single point where all traffic is required to go to and from, thereby eliminating stacking and queuing problems. Mr. Wyatt stated that the applicant's reasons for shifting the buffer elements were based on the potential for shared parking and better land use planning between the two properties. Conmussioner Unger had questions for Mr. Wyatt about extending Renaissance further north and possibly getting closer to Shady Elm, which will provide another travel way for traffic. Mr. Wyatt responded that the property line is the closest to Shady Elm as the applicant could get. He explained that the property immediately to the north is only an acre - and -a -half in size and it would severely limit the use of the property. In addition, both the Carbaugh and Brim properties are zoned agriculture. Chairman Wilmot asked Mr. Bishop, the County's Transportation Planner, to comment on the subject of a road extension to Shady Elm Road. Mr. Bishop replied that the Eastern Road Plan calls for a major collector roadway between Shady Elm Road and Route 11 and that is why the applicant has set aside the 80 feet. Mr. Bishop said that although the recent activity on the Carbaugh properly did not come to fruition, he was confident that another user would come along and the road would eventually be built. Commissioner Oates asked for Mr. Bishop's opinion about the right -in, right -out situation. Mr. Bishop replied that access management recognizes a hierarchy of roads. He said the highest priority road at this location is Route 1 I and that is the road to keep traffic moving with minimal delays. In addition, he said this area was not median - controlled. Mr. Bishop said the applicant can meet entrance spacing per the current code, however, the staff's preference is to have Renaissance be the sole access for those two parcels. • Commission members next spoke with Mr. Bishop about other traffic signals planned for this immediate area. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Morris asked Mr. Wyatt to describe the lane markings for the right -in, right -out portions. Mr. Wyatt stated that pavement arrows would show the movement of Route 11 he said there was a significant 250 -foot turn -taper lane going into Renaissance Drive. Mr. Wvatt believed it was more beneficial to have the right -in, right -out, rather than limiting all the traffic to one access point. He said if�it was done correctly, it would provide traffic opportunities to get in and out without loading everything to one point. It was Commissioner Oates' view that any additional entrances other than Renaissance Drive should have its own taper lane to get traffic out of the movement going into Renaissance Drive. Mr. Wyatt said that they will do whatever is required for a safe design at site plan and will follow VDOT's standards. Conunissioner Light said he preferred having the same style of entrance on Renaissance as there was on Prosperity, particularly the green space, the open front area and building setback, so there is some consistency of design in this area. He said if Renaissance is ever extended to Shady Elm, a safer situation would be created by Renaissance controlling all of the traffic, rather than having multiple entrances and exits from Prosperity to DMV. Commissioner Morris said that given the current ordinance, the applicant is making a compromise on what is allowed and what the situation could be with regards to entrance spacing. i Frederick County Planning Commission Page 2103 Minutes of September 5, 2007 • Commissioner Unger made a motion to approve the buffer modification as requested by the applicant and also recommended approval of Master Development Plan 410 -07 of Renaissance Commercial Center. This motion was seconded by Commissioner Manuel. BE IT RESOLVED, that the Frederick County Planning Commission does hereby approve the buffer modification request for Master Development Plan # 10 -07 for Renaissance Commercial Center and does also recommend approval of Master Development Plan 410 -07 for Renaissance Commercial Center, submitted by Greenway Engineering, for commercial uses on Valley Pike (Route 11), 200 feet south of its intersection of Prosperity Drive. The majority vote was as follows: YES TO APPROVE): Mohn, Kerr, Kriz, Ours, Thomas, Light, Morris, Manuel, Unger NO: Oates, Wilmot (Note: Conunissioners Triplett and Watt were absent from the meeting.) REVIEW OF THE WINFRED MPO BICYCLE AND PEDESTRIAN MOBILITY PLAN Action — Recommended Transportation Deputy Director, John A. Bishop, reported that the WinFred MPO Bicycle and Pedestrian Mobility Plan was grant- funded and under development for more than 18 months. Its purpose is to elevate bicycle and pedestrian mobility plamting in the Frederick County, Winchester, and! Stephens City area. Mr. Bishop said the project has been undertaken by the Metropolitan Planning Organization (MPO), of which Frederick County is a member. The plan has now been released for public conmtent and staff is in the process of taking it through the Comity's conunittee structure to allow the Board to choose whether or pot to endorse, prior to the MPO's Policy Committee's vote scheduled to take place on September 19, 2007. He said the Transportation Committee has provided their endorsement. In addition to the County's con tee structure, he said there is also a public meeting scheduled for Thursday evening, September 6, 2007, from 4:00 -7:00 p.m., at the Our Health Center on North Cameron Street. Conuuissioner Oates said it was his understanding that the County has no money set aside for this plan at this time; however, by creating the plan, the County will be able to seek funding'sources, Mr. Bishop replied that within the implementation chapter, Chapter 6, there is a listing by locality ofprojects and tune frames in which those projects are recommended to be undertaken. Currently, the language is somewhat cloudy and appears to promise something that current budget actions are not actually able to promise; therefore, that language is in the process of being clarified. Mr. Bishop said that when applying for a grant, one of the first questions on the grant application is whether there is an adopted plan that supports the seeking of grant money. He said that an adopted plan is very beneficial to the funding process. Commissioner Morris commented that implementation of the plan would be a long -term effort, but this was a great first start. He asked how this plan would be incorporated within the Comprehensive Poliev Plan and County codes. Mr. Bishop said that after the plan is adopted, the staff would begin working on what . goes into the Comprehensive Policy Plan; he said only those portions of the Bicycle and Pedestrian Mobility Plan dealing with Frederick County would go into the Comprehensive Policy Plan. In addition, not all of Frederick County is covered in the plan. Mr. Bishop said the Frederick County portion would be expanded, key points Frederick County Planning Commission Page 2104 Minutes of September 5, 2007 would be extracted, and those portions would be incorporated into the Comprehensive Policy Plan. Chairman Wilmot inquired about the priorities within the document. Mr. Bishop said that some of the short-term priorities identify areas in the Comity that are either reaching a built -out or areas that may be gaps. For example, a portion of Senseny Road, from I -81 towards Greenwood Road, is built out and is without the amenities sought. He said it is unlikely the County will be able to come from behind and get developer- sponsored improvements. Mr. Bishop said these are the targeted areas, along with the gaps, where suggested treatments are identified. Commissioner Morris cmrunented that committee members who worked on the plan were focused on a transportation solution, rather than a recreational opportunity. Commissioner Mohn corunented there will be multiple methods used to implement this plan and he believed it was completely achievable. In addition, it would provide the framework for the Comity, the City, the Town, and the development commmuty to work together. Chairman Wilmot next called for public comment and the following person came forward to speak: Ms. Joanne Leonardis, a resident of the Red Bud District and a member of Preserve Frederick, came forward to speak in favor of the Bicycle and Pedestrian Mobility Plan. Ms. Leonardis read a statement for the Commission in favor of bicycle and pedestrian facilities in the community. She said that currently, roads in Frederick Comity are not accessible to pedestrians. Ms. Leonardis said that many children do not have the option of biking or walking to school and Comity schools and their recreational facilities are not accessible to children. • She spoke about the correlation of overweight children and the lack of exercise; she said making the County schools accessible to children should be made a priority and it is where the Mobility Plan should begin. Ms. Leonardis said all possibilities needed to be explored to implement this Mobility Plan. She said that pedestrian mobility offers the opportunity to correct on a human scale to nature, to other people, and to the community; she believed pedestrian mobility was essential to citizens' health, well - being, and happiness. Commissioner Kriz made a motion to endorse the WinFred MPO Bic ycle and Pedestrian Mobility Plan and to forward it to the Board of Supervisors with the Planning Conu nission's endorsement. Tlus motion was seconded by Commissioner Manuel and unanimously passed. BE IT RESOLVED, that the Frederick Comity Planning Commission does hereby unanimously recommend approval of the WinFred MPO Bicycle and Pedestrian Mobility Plan and forwards the plan to the Board of Supervisors with a positive endorsement. COMMISSION DISCUSSION Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article VI, Residential Performance District, Section 165 -65, Dimensional Requirements. This proposed amendment deals with detached accessory structures on single- family small lots. Senior Plainer Candice Perkins reported that the staff has recently received inquiries from the public regarding the permissibility of detached accessory buildings on lots created under the single - family, small - lot housing type. Ms. Perkins said the zoning ordinance prohibits detached accessory structures on this type of lot. She said within the RP (Residential Performance) Zoning District, the single- family small lot is the only Frederick County Planning Commission Page 2105 Minutes of September 5, 2007 housing type not permitted to have this type of structure. She said the ordinance amendment proposed is to • permit single - family small lots to have one detached accessory structure that does not exceed 150 square feet. Ms. Perkins said the Development Review and Regulations Subcommittee (DRRS), at their meeting on July 26, 2007, endorsed the text amendment, as well as the limitation on the size of the detached accessory structure. Commissioner Oates commented that this item had lengthy discussion at the DRRS meeting. Other Commission members believed the amendment was reasonable. No issues or areas of concem were raised. The Commission instructed the staff to forward the amendment to the Board of Supervisors for discussion. Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article X, Business and Industrial Zoning Districts, Section 165 -82, District Use Regulations. This proposed amendment deals with grocery /food stores in the B3 (Industrial Transition) District. Conunissioner Oates said that he would abstain from all discussion on this item due to a possible conflict of interest. Senior Plainer Candice E. Perkins reported that the Planning Staff has received inquiries regarding the allowance of grocery or food stores within the B3 (Industrial Transition) Zoning District. Ms. Perkins said the zoning ordinance permits SIC 54, which is food stores, in the BI (Neighborhood Business) District and the B2 (Business General) District. She read the list of allowable uses in the SIC 54 category. Ms. Perkins said the Development Review and Regulations Subcommittee (DRRS) considered ® this item at their meeting on July 26, 2007. She said there was discussion on allowing family- oriented businesses into an industrial area and whether it would be compatible. She said there was also discussion on the size of the food and grocery stores that would be appropriate in a B3 (Business General) District. Ms. Perkins said the consensus reached was that SIC 54, with a size limitation of 10,000 square feet, excluding storage and warehousing, would be appropriate. She noted that the size limitation would allow small, con' venience-type stores which could serve the surrounding area, but would preclude larger operations. Ms. Perkins stated that the proposed ordinance amendment is to permit SIC 54, in its entirety, in the B3 District, with a supplementary section that would limit the building square footage used for retail sales of grocery or food products to 10,000 square feet, and would not include areas used for storage' and warehousing of products. Conuuissioner Thomas said when the DRRS originally discussed this, his perception was that the focus was on small convenience stores to serve people working in a designated area, and would strictly be limited to SIC 54 -11, not bakeries, fruit and vegetable markets, confectionary stores, and others. Commissioner Thomas said he would like to see this amendment limited tojust SIC 54-11 . not the entire SIC 54, because he did not believe the other uses were appropriate in industrial parks. He said the DRRS was referring more to convenience stores that would supply the employees in an industrial park, and not to pull traffic in from outside of the industrial park. Other Commissioners who were members of the DRRS agreed. No other issues were raised. The Commission instructed the staff to forward the amendment to the Board of Supervisors for discussion. E Frederick County Planning Commission Pag(�2106 Minutes of September 5, 2007 ADJOURNMENT • There being no further business to discuss, the meeting adjourned at 8:15 p.m. by a unanimous vote. Respectfully submitted, • Frederick County Planning Commission Page 2107 Minutes of September 5, 2007