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PC_08-20-08_Meeting_MinutesMEETING MINUTES OF THE 0 FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 20, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director- Transportation; 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 the August 20, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the meeting minutes of July 2, 2008 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the meeting minutes of July 16, 2008 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 08/11/08 Mtg. Commissioner Mohn stated that the Community Area Plans Standing Committee will have their • next meeting on August 29 at 10:00 a.m. in the County Planning Conference Room at which time information Frederick County Planning Commission Page 2312 Minutes of August 20, 2008 -2- from the Frederick County Sanitation Authority (FCSA) will be discussed. • Commissioner Kriz reported that the Public Facilities Standing Committee will be meeting on August 22 at 9:00 a.m. in the County Planning Conference Room. He also reported that the Comprehensive Plans Standing Committee is waiting for some issues to be settled from the Natural Resources Committee Historic Resources Advisory Board (HRAB) — 08/19/08 Mtg. Commissioner Oates reported that the HRAB discussed a proposed nine -acre rezoning located on Route 50 East. He said the HRAB did not see outstanding issues, however, the applicant's application was not complete. The second discussion was a proposed cell tower by Shenandoah Cellular on Red Bud Road within the Agricultural and Forestal District, near the Third Battle of Winchester. Commissioner Oates said the HRAB had a variety of maps showing all of the tower locations currently on file with the FCC and showing from what areas the proposed tower would be visible. He said the HRAB did not believe the benefit from the service would offset the visual impact and they recommended denial. Commissioner Oates said the third item discussed was the Northeast Land Use Plan and the HRAB identified nine historical structures that should be included within the Plan. Winchester Planning- (WPC) 08/19/08 Mtg. • Commissioner Ours reported details on the following items discussed by the WPC: a revision to the development plan for the Willows at Meadowbranch by the addition of 20 units; they listened to public concerns regarding a group home in the Old Fort area of Marion Street; and they provided administrative authorization for Laurel Center on 402 North Cameron Street, Our Health, Phase 2 on North Cameron and Baker Streets, for used car sales on Commercial Street, and for the Coca -Cola plant renovation on Valley Avenue. Commissioner Ours said the WPC also discussed a possible alternative layout for Walgreens on Amherst Street. Rural Areas Working Group Commissioner Watt said the Rural Areas Working Group has met twice and will meet again on August 21 at 7:30 p.m. He said the first couple meetings focused on how to get information out to citizens in the County and how to get other people involved. Commissioner Watt said the web site is www.co.frederick.va.us for anyone wishing to get input or be involved. CI Frederick County Planning Commission Page 2313 Minutes of August 20, 2008 -3- Joint Stephens City- Frederick County Workine Group is Commissioner Thomas reported that ground rules were established between the two administrative groups. He said two potential rezoning applications were discussed in the area which was annexed by Stephens City from Frederick County several years ago. Commissioner Thomas said the review was based on land use compatibility with the overall land use plan and also potential traffic impacts to Frederick County. Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application 906 -08 of HH Hunt Corporation/ Route 50 Assisted Liviing Facility, submitted by Bowman Consulting, to rezone 10.24 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. The properties are located at the intersection of Ward Avenue and Route 50 to the east and Round Hill Road and Route 50 to the west. The property is further identified with P.I.N.s 53 -A- 81, 53 -A -82, and 53B -3 -25 in the Back Creek Magisterial District. • Action – Tabled for 45 Days Conunissioner Mohn said be would abstain from discussion and voting on this rezoning application because of a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that the applicant's proffer statement provides a commitment to develop the property with a 75,000 square -foot assisted living facility; however, other B2 (General Business) uses have not initially been proffered out. Mr. Ruddy questioned the impact of other, unevaluated B2 uses. He said this property is located within the area covered by the Round Hill Land Use Plan and is within the Sewer and Water Service Area (SWSA) in an area designated for commercial land use. Mr. Ruddy stated that site access is proposed to be provided from two locations —the primary access is via Ward Avenue and a secondary limited access point is proposed to be provided from Northwestern Pike (Rt. 50) via a right -in, right -out only entrance. Mr. Ruddy commented that the proposed access onto Ward Avenue is very constrained and the parcel may not sufficiently accommodate a full two -way access road which meets the necessary setbacks from the adjacent property line to the north and respects the required buffer to the south. He questioned how the applicant planned to address the comprehensively planned road to the rear of the property. Regarding potential impacts to community facilities, Mr. Ruddy recognized the proffered $2,000 monetary contribution to offset fire and rescue facilities; however, he noted this use may generate public facility needs similar to a multi - family use and may not cover the impacts projected by the development impact model at this location. • Frederick County Planning Commission Page 2314 Minutes of August 20, 2008 It was recognized by the staff and Commission members that the applicant had just recently • submitted revised information and proffers which did not arrive timely enough to be placed in the agenda or reviewed by the staff or the public. Mr. Ruddy stated that the Commission's Bylaws stipulate that if information is not received within 21 days prior to the meeting, the Commission may table the request for 45 days. Commissioners noted that the revised proffer statement significantly changes the whole application. Mr. Thomas Moore (Ty) Lawson, P.C. of Lawson and Silek P.L.C., was present on behalf of the applicant, H.H. Hunt Corporation. Mr. Lawson stated that the proffers dated June 24, 2008 were included in the agenda package, the proffers dated August 18, 2008, include the response to recent comments from VDOT and the County Attorney and the elimination of all other potential B2 uses. Mr. Lawson next introduced Mr. R. Bo Cook, Jr., Director of Development for HH Hunt Corporation. Mr. R. Bo Cook, Jr., Director of Development for H.H. Hunt Corporation, pointed out that H. H. Hunt Corporation is a family -owned company based out of Blacksburg, Virginia. He explained that H. H. Hunt is not only the owner and developer of the property, but is also the contractor and management agent for the end use of the building. Using a PowerPoint presentation, Mr. Cook provided some representations of buildings they had recently constructed. He also spoke about the many reasons why they believed this was a particularly good site for their facility and he described potential residents for their facility. Commission members asked for the anticipated number of employees. Mr. Cook replied there will be approximately 45 full -time and part-time employees, which includes not only the administrative staff, but building maintenance staff and care staff, with the majority of employees working during the dayshift. Commission members asked Mr. Cook why he continued to pursue the access on Route 50 when this was a destination facility. Mr. Cook replied that several easements are currently in effect which actually utilize that particular access easement and from a legal standpoint, they are not sure it could be taken away. Secondly, while he believed the majority of the use will be through Ward Avenue, there will patrons who will not know how to access their facility. He said as far as VDOT is concerned, this is already an existing driveway. Chairman Wilmot opened the public hearing for citizen comments and the following persons came forward to speak: Mr. Gregory Bishop, Back Creek District, said he had a copy of the agreement involving the shared easements and right -of -way between the properties owned by Po, Smith, and Allegheny Power. He said the agreement indicates the easement is to be shared by Po and Allegheny Power Company; however, Mrs. Smith's right -of -way is gated, prohibiting her access. Mr. Bishop spoke in favor of the Round Hill and Ward Avenue connection, in lieu of using Route 50. In addition, Mr. Bishop said he was involved in getting the Round Hill area included in the SWSA and he understood that all sewage south of Route 50 was to be directed to the Parkins Mill treatment station. He questioned this application's plans for sewage disposal and if the lines were in place. He was concerned because individuals within the community, such as Rosedale Church, are waiting in line for the public sewage capability. Ms. Patricia Smith said she was the property owner with the easement everyone is referring to. Ms. Smith said the gate is not on her property; she said the electric company placed the gate. Ms. Smith said that no one has talked with her about this and she was not even notified in writing about this meeting. She wanted to know how she and the other neighbors along Stonewall Drive would be affected by all of this. No one else wished to speak and Chairman Wilmot closed the public comment portion of the • hearing. Frederick County Planning Commission Page 2315 Minutes of August 20, 2008 -5- Commission members had several concerns they believed the applicant needed to take care of, • which included the 50 -feet across the main entrance on Ward Avenue; a shared access agreement on Route 50, and a possible tie -in to Stonewall Drive. Because the revised proffer statement was received after the Commission's agenda package was mailed, the Commission preferred to table the rezoning to allow sufficient time for the Commissioners and the public to review the revised proffers. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, for 45 days, Rezoning Application 406 -08 of HH Hunt Corporation/ Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.24 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, to allow sufficient time for the Commission and the public to review the applicant's revised proffers, dated August 18, 2008, and to allow more time for the applicant to address outstanding issues. The vote to table was unanimous. (Note: Commissioner Molm abstained from voting.) PUBLIC HEARING A waiver request by Betty Jean Davis, submitted by Marsh & Legge Land Surveyors, P.L.C., for an exception to the Frederick County Code, Subdivision Ordinance, Chapter 144, Article V, Design Standards, Section 144 -31, Rural Subdivisions, C(3), Minor Rural Subdivisions, to enable family division • of a parcel of land on a right -of -way less than 50 feet in width. Specifically, this request is to reduce the ingress /egress easement requirement of a 50 -foot minimum right -of -way to a 20 -foot minimum right -of- way. The property is located north of Harmony Hollow Lane, approximately 0.8 miles north of Northwestern Pike (Rt. 50). The property is further identified with P.I.N. 27 -A -77A in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that Marsh & Legge Land Surveyors, P.L.C. is requesting a waiver of the Frederick County Subdivision Ordmance, Chapter 144- 31C(3), to enable a familv subdivision of land on a right -of -way less than 50 feet. Mr. Cheran stated that the applicant is seeking a waiver from the minimum width requirement for a shared private driveway. The reason for the waiver request is to provide relief from a 50 -foot right -of -way; the parent parcel is currently served by a 20 -foot right -of- way. He said letters from adjoining property owners who declined to grant the easement have been included in the agenda packet. Mr. Cheran said the waiver would enable the creation of two family lots to be served by the existing 20 -foot right -of -way. Commission members had questions for the staff about the possibility of one or more of the three 30 -acre lots being subdivided further, and the possibility of 18 lots being created on a 20 -foot right -of -way. They inquired if there was anything in the ordinance stipulating the number of lots that could be created on a 20- foot -wide roadway. Mr. Cheran replied that any future subdivision would have to meet the 50 -foot right -of -way requirement and the property owner would have to come before the Planning Commission and the Board of Supervisors if they sought relief from the 50 -foot right -of -way requirement. is Frederick County Planning Commission Page 2316 Minutes of August 20, 2008 Planning Director, Eric R. Lawrence, stated a house can be constructed on an existing lot, • however, if further subdivisions are desired and a 50 -foot right -of -way is not available, then the Board of Supervisors must grant approval of the subdivision. Mr. Lawrence said the Board of Supervisors decides how many lots they would want to have there. He said with regard to this application, there is one property owner who desires to create two family lots, resulting in a total of three homes and that is all the Commission is considering today. He said if anyone else wants to do additional family lot subdivisions, they must go through this same process and the Board of Supervisors can decide whether or not there are too many houses being developed on the 20 -foot right -of -way. He said the Board of Supervisors can choose whether or not to grant the waiver. Commissioner Oates noticed the plat did not have an approval line for VDOT. He said one driveway can have two houses, but after that, the entrance must be a paved subdivision entrance and he asked whether VDOT had reviewed the entrance off Route 50 to determine if the subdivision entrance was a paved surface with a 25 -foot radius. In addition, Commissioner Oates said the County Code requires a 50 -foot right -of- way, while the State Code requires only 30 feet for a family subdivision; he questioned whether the County could approve a subdivision on a right -of -way less than 30 feet. Commissioner Watt commented about the steep topography; he had doubts about whether a road could be constructed or maintained in this area. Commissioner Unger said family lot subdivisions typically consist of only a couple acres and he questioned whether dividing over 100 acres in this fashion was taking advantage of the family lot subdivision rule; he said it didn't seem to encourage family members to stay on the farm for agriculture. He questioned whether the request met the intent of the County Code. • Chairman Wilmot next called for public comments and the following persons came forward to speak: Mr. Dwayne Brown, a professional land surveyor with Marsh & Legge Land Surveyors, P.L.C., introduced himself and the property owner, Ms. Betty Davis, and several of her family members. Mr. Brown stated that the property was acquired by Ms. Davis' parents in 1936; and in 1995, upon the death of her mother, she and her brother acquired the interest in the 179 -acre property (her father had previously passed away). Ms. Davis and her brother petitioned the court to partition the property and in 2007, it was court mandated to divide the property into two parcels. Mr. Brown said the 103 -acre parcel on the submitted plat was conveyed to Ms. Davis; the property to the south of this piece was conveyed to her brother and contained 75.8 acres. He said this property was undeveloped; the property to the south had some physical improvements. He pointed out existing Harmony Hollow Lane at the southwest part of the property. By the court mandate, through the petition for partition, this additional 20 -foot ingress/ egress easement was created in the location shown; he said the location was not by choice, but was by court mandate. Mr. Brown said that Ms. Davis has the 103 acres and desires to convey through family division: Parcel 1 - 30.0000 acres to her grandson; Parcel 2 - 36.5127 acres, to one of her daughters; and she wishes to retain the remaining parent tract, 36.5127 acres. Mr. Brown said they do not have any intentions to develop the property. Mr. Raymond J. Whitacre, an adjoining property owner, said the adjacent landowners were approached by the applicant, but were not willing to dedicate the additional right -of -way for the required 50 feet. Mr. Whitacre did not think it was wise for a housing development to be placed between two working farms because many farming activities, such as noise from machinery and cattle, the smells from manures and fertilizers, and the spraying of chemicals, will be disruptive to the average housing development. Frederick County Planning Commission Page 2317 Minutes of August 20, 2008 -7- Mr. Clay Whitacre, an adjoining property owner, said the 20 -foot right -of -way is a private drive • from Route 50 all the way up to Route 487, Harmony Hollow Lane, and there is an additional house there, 240 Harmony Hollow Lane. Mr. Whitacre said this driveway currently serves two houses, it is privately owned, it is on his property, and he is responsible for all of the road maintenance, including graveling and snow plowing. He said if more houses are constructed, then there will be questions about who will help maintain the road to accommodate the additional traffic. Mr. Whitacre expressed his concern about the possibility of additional subdivisions of this land in the future, even though it may not be intended today, through unexpected events such as death, divorce, or a job change. He said a loop hole for development exists. Mr. Whitacre also talked about the intensive farming activities that take place here. Ms. Betty Davis, the owner of the 103 acres, said there will not be a housing development on this property; she said this land will still be used for raising cattle. She said she wanted to divide the land so it will be ready for her grandson and granddaughters. Ms. Davis said the existing road is under a grandfather clause and anyone can use it. She asked what she could do with her 103 acres if she couldn't subdivide it and give it to her family while she is still living. Mr. Brown returned to the podium and stated that Ms. Davis could always convey one -third undivided interest to her granddaughter and one -third undivided interest to her grandson; the three parties would then each own a one -third undivided interest; they could then petition the court to partition the property and the Planning Commission would have no input in this outcome, it would be solely at the discretion of thejudge. Conunissioner Triplett suggested that possibly having a court decide on the partition of this property may indeed be the most appropriate way to handle this family subdivision under the circumstances. • Commissioner Unger stated that he did not have a problem with Mrs. Davis subdividing this property for her children; however, a family subdivision is more typically done on a two -acre or smaller tract with a contiguous farm retained. Cornrnissioner Unger said he would prefer to see smaller tracts and have the children live on the property. Commissioner Kerr corented that much has been said about what could happen in the future. He believed it was important to keep in mind what the Commission is being asked to look at and that is simply for a waiver to enable a family subdivision of two lots. Conunissioner Thomas commented this was an unusual request because of the size of the family division parcels; however, if that is what the family wants to do, he did not think- it was the Commission's prerogative to convince them to do something else. Commissioner Thomas said the practicality of developing this land in the future into a greater- density living area doesn't seem to be there; he said the topography would seem to eliminate it from economic feasibility. Commissioner Kriz made a motion to recommend approval of the waiver request. This motion was seconded by Commissioner Kerr and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of a waiver request by Betty Jean Davis, submitted by Marsh & Legge Land Surveyors, P.L.C., for an exception to the Frederick County Code, Subdivision Ordinance, Chapter 144, Article V, Design Standards, Section 144 -31, Rural Subdivisions, C(3), Minor Rural Subdivisions, to enable family division of a parcel of land on a right -of -way less than 50 feet in width. Specifically, this request is to reduce the ingress /egress casement requirement of a 50 -foot minimum right -of -way to a 20 -foot minimum right -of -way. Frederick County Planning Commission Page 2318 Minutes of August 20, 2008 WIN • This majority vote was as follows: YES (TO REC. APPROVAL) Ambrogi, Manuel, Ruckman, Thomas, Ours, Kriz, Kerr, Mohn NO: Unger, Watt, Oates, Wilmot, Triplett COMMISSION DISCUSSION Discussion of Interstate Area Overlay Signs and revisions to the Frederick County Zoning Ordinance, Chapter 165, to remove general merchandise and apparel stores (SIC 53 and 56) from the qualifying uses. Senior Planner, Candice E. Perkins, reported that the proposed amendment to the zoning ordinance, focuses on the uses which are permitted to be displayed on Interstate Area (IA) Overlay signs. Ms. Perkins said that within the IA Overlay District, property owners are permitted to have larger signs along highways at certain interstate exits. She said the intent and purpose of an IA Overlay sign is to inform the traveling public as to the locations of uses such as hotels, gasoline stations, and restaurants. However, the IA Overlay District currently allows for uses such as general merchandise and apparel stores, which are SIC 53 and 56, to be used on the signs as well. Ms. Perkins said uses, such as merchandise and apparel stores, are classified as destination businesses and with these types of uses, customers have already planned in advance to visit the business; therefore, an IA Overlay sign would not be necessary. On the other hand, businesses such as • restaurants, hotels, and gasoline stations would be classified as drive -by businesses which customers frequent on impulse. or while driving by and as such, a sign to attract customers from the interstate would be more appropriate. Ms. Perkins said this item was presented to the Development Review and Regulations Subcommittee (DRRS) at their meeting on June 26, 2008, and the DRRS endorsed the text amendment as presented. Ms. Perkins said since the DRRS meeting, one comment was received pertaining to some of the uses permitted under SIC 55 and whether additional clarification of uses should be considered. She noted that SIC 55, dealing with gasoline stations, also allows for uses such as home and auto supply stores, automobile, motorcycle, and boat dealers. Ms. Perkins said if the Planning Commission believes these uses are inappropriate, then the IA Overlay District could be further clarified to include only SIC 55 -41 which is gasoline service stations as a qualifying use in the IA Overlay District, along with hotels and restaurants. Commissioner Oates wanted to be certain that SIC 55 -41 included all of the gasoline stations, including truck stops. Commissioner Ambrogi inquired if there had been any public inquiries or objections to the interstate signs. Ms. Perkins said there had not been any public complaints; she said the staff is attempting to clean up the ordinance before any issues arise in the future. Commissioners were in support of narrowing the SIC Codes further. They agreed with the logic of weeding out the destination uses and they agreed car dealerships and some of the other uses were not necessarily impulse purchases. The Planning Commission voiced their support of the proposed text amendment for IA Overlay signs as presented by the staff. u Frederick County Planning Commission Page 2319 Minutes of August 20, 2008 m 0 Discussion of the Industrial Transition (B3) Zoning District Height Restriction and revisions to the Frederick County Zoning Ordinance, Chapter 165, to allow for structures up to 45 feet in height. Commissioner Oates said he would abstain from all discussion on this item due to a possible conflict of interest. Commissioner Oates said he was the owner of B3 property. Senior Planner, Candice E. Perkins, reported that the law firm of Walsh, Colucci, Lubeley, Emrich & Walsh, PC submitted a Zoning Ordinance text amendment request to enable the building height restriction in the B3 (Industrial Transition) Zoning District to.be increased from 35 feet to 45 feet. She said the requested changes are based on a desire to have a height allowance in the B3 District that falls between the B2 (Business General) District and the Ml (Light Industrial) District. Ms. Perkins said this item was presented to the Development Review and Regulations Subcommittee (DRRS) at their meeting on June 26, 2008. She said the DRRS supported the 45 foot height increase as an exception to the height requirements so long as anything over 35 feet in height utilized the building setbacks required for the M1 (Light Industrial) Zoning District. Commissioner Thomas said this amendment will increase storage vertically, instead of using up more property horizontally, and going from 35 feet to 45 feet is not objectionable. He said this will add at least a third of the cubic volume of storage; and, in addition, the new automated systems go vertically rather than • horizontally. Commissioner Thomas believed this was going in the right direction. Other Commission members agreed. The Planning Commission supported the proposed amendment for revisions to the height restrictions in the B3 (Industrial Transition) Zoning District as presented by the staff. (Note: Commissioner Oates abstained from discussion.) OTHER Chairman Wilmot encouraged Planning Commission members to attend the CPEA V (Citizens Planning Education Association of Virginia) annual meeting in Williamsburg on October 12 through 14. Deputy Director, Michael T. Ruddy, reported that the Board of Supervisors approved the Route 277 Triangle and Urban Center Land Use Plan on August 13, 2008. He said implementation steps which evolve around the UDA (Urban Development Area) and SWSA (Sewer and Water Service Area) expansion were included with the plan. Mr. Ruddy said the Chairman had expressed some concern about a discussion with the Sanitation Authority regarding the ability to serve this location; therefore, the Board held off changing the UDA and SWSA at their meeting. Mr. Ruddy said the staff met with the Sanitation Authority the next day and confirmed with the Authority that everything was satisfactory for service in the Route 277 area. Mr. Ruddy added that the staff will be looking for additional direction from the Board on how to deal with the Lowe's CPPA request for the acreage around the relocated interchange on I -81. Is Frederick County Planning Commission Page 2320 Minutes of August 20, 2008 -10- i ADJOURNMENT There was no further business to discuss. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the meeting adjourned at 8:50 p.m. by unanimous vote. Respectfully submitted, ilmot, Chairman Eric R.ILawrence, Secretary u • Frederick County Planning Commission Page 2321 Minutes of August 20, 2009