Loading...
PC_10-01-08_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 1, 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; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: George J. Kriz, Gainesboro District; and Cordell Watt, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator, Michael T. Ruddy, Deputy Planning Director, 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 Ours and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the October 1, 2008 meeting. COMMITTEE REPORTS Transportation Committee - 09/29/08 Mtg. Conunissioner Oates reported that the Transportation Committee discussed four items: l) the Stoplight Camera Enforcement Plan will be sent to the Board of Supervisors with a favorable recommendation after much information gathering and discussion over the previous several months; 2) the Route 37 Revenue Sharing Project for additional lanes and enabling hospital access on the west side of Route 37, between Routes 522 and 50, will be sent to the Board of Supervisors with a favorable recommendation. The project will require several million dollars and will take 4 -5 years to obtain necessary funds. 3) the Enhancement Grant Application for the Pedestrian and Bike Trail on Senseny Road; 4) update on the East Tevis Street alignment currently in the approval process. • Frederick County Planning Commission Page 2342 Minutes of October 1, 2008 -2- • Route 11 North Working Group 09/26/08 Mtg. Commissioner Mohn reported that the Route I 1 North Working Group worked on refining the land use designations. He said the group will meet again on October 10, 2008 at 9:00 a.m. in the Planning Department to continue work on refining land use designations with particular focus on the infrastructure requirements. Stephens City Joint Land Use Committee — 09/25/08 Mtg. Commissioner Thomas reported the Stephens City Joint Land Use Committee reviewed the original joint land use annexation plan and discussed the intent of the density in the plan to get clarification for future development in Stephens City in relation to traffic generation and density of development. He said there will be additional meetings over the next two to three weeks in order to arrive at a common set of terms for density and development between Frederick County and the Town of Stephens City. De velopment Review & Regulations Subcommittee - 09/30/08 Mtg. Commissioner Unger reported the DRRS discussed a brand new district for the County, New Traditional Neighborhood Design. He said the new district is for mixed -use housing with some commercial. He noted that greater density would be allowed and the DRRS discussed the apes and numbers of houses that could be placed within the new district, which is generally aimed for 20 acres or more. Commissioner Unger said the group discussed parking, a central community center, and a master development plan. Board of Supervisors' Rural Areas Working Group Chairman Wilmot reported the working group discussed the kinds of public and private systems that could be used in the rural areas for sewage disposal. She said land use taxation was also discussed as a tool to be used in the rural areas. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. • Frederick County Planning Commission Page 2343 Minutes of October I ; 2008 -3- • PUBLIC HEARING Conditional Use Permit 911 -08 of Diana and Andrew Hirshfeld for a campground on two parcels containing 22 acres, zoned RA (Rural Areas) District, which are located off Route 602 on Paddy's Run Road. The properties are further identified with P.I.N.s 80 -1 -9 and 80 -1 -10 in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that campgrounds arc permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit. Mr. Cheran said the proposed campground will be constructed in two phases. He said Phase I will contain the primary recreation and dining building which will sleep a maximum of 30 people; this phase will also include the septic system, well, soccer pitch, basketball court, possibly a swimming pool, and a parking area. Phase 2 will include duce cabins with a capacity of 12 people per cabin and a main office; the recreation and dining hall will not be used by campers for sleeping. Mr. Cheran stated that an engineered site plan for the expansion of the parking area and access to the site shall be approved by Frederick County and the improvements completed prior to starting this use. Mr. Cheran read a list of recommended conditions should the Commission find the use to be appropriate. Mr. Benjamin Butler, attorney, was representing Diana and Andrew Hirshfeld in this conditional use application for a sports camp for young people. Mr. Butler noted that the Hirshfelds met with the neighbors in this area before they filed their conditional use permit application; he said as a result of that meeting, the Hirshfelds downsized to 40 maximum people including campers and staff total. Mr. Butler said there will be no • tournaments whereby teams from other areas are brought in; this will be strictly for the use of campers. Secondly, he said the applicants tried to mitigate any perceived impacts by meeting with the neighbors and by utilizing phasing in the development of the campground. He said the first phase would be limited to 30 people and through the second phase, it would increase by a maximum of 40 people. Mr. Butler noted that the septic system will be designed for 40 people only; he pointed out the operation will be self - limiting due to the septic system. Furthermore, Mr. Butler stated that an engineered site plan is required for improvements to the site. In addition, Mr. Butler said there will be no games at night and, therefore, there will not be lighted soccer fields or a lighted swimming pool; he said there will be no after -dark activities. Mr. Butler read from Section 165 -39 of the Frederick County Zoning Ordinance dealing with campground requirements. He said the minimum lot size is five acres, which they far exceed; the maximum allowed density is 10 campsites or cabins per acre and they are asking for a maximum of three cabins, a recreation/dining hall, and an office. Mr. Butler said this is only two percent of what the applicant could ask for. He did not think the Hirshfelds proposed operation would have a great impact on the community. He said the parameter setbacks are 100 feet; although permitted, they will not have a residence; and all the improvements will need to be in place before operation and this includes a VDOT - approved commercial entrance. He said there will be 30 -32 campers, ages 16 and under, and eight counselors. Regarding noise, Mr. Butler said quiet hours will be 10:00 p.m. Sunday through Thursday and 11:00 p.m. on Friday and Saturday. Commissioner Ours inquired if the camp will be affiliated with any organization and Mr. Butler replied no, it was strictly private. Commissioner Ours asked how the applicant will find prospective campers. Mr. Butler replied that the applicant will have a site on the internet. Commissioner Thomas asked if campers would be recruited from other countries through the internet and Mr. Butler replied that was possible. • Chairman Wilmot next called for public comments and the following persons came forward to speak: Frederick County Planning Commission Page 2344 Minutes of October 1, 2008 -4- • Mr. John Kline, a resident of Star Tannery, said he owned the property that borders to the west of the proposed campground. Mr. Kline said he was the. appointed spokesperson for the Star Tannery community. He said the neighbors told the Hirshfelds this campground was not desired and would continue to be an issue; he said they invited the Hirshfelds io live in their community, but did not want a campground. Mr. Kline said no work was to be star Led on the property until permits were issued; however, excavation is taking place over the past several days and no permits are posted. He mentioned the adjoining Hampton Cemetery, which is a historic cemetery on a 1'/: -acre parcel. Mr. Kline stated that all the local property owners are hunters and use the land for limiting; there is also horseback riding and four - wheeling. He also noted that Route 602 is a dirt road, about 1'/, cars in width, with farm equipment frequently moving along the road, he said the road does not hold up well under current traffic conditions. The 160 drop -offs and pick -ups indicated in the application will create increased traffic on Route 602, impeding the local residents and creating safety issues, as well as dust. In addition, he said there will be increased pressure on the local fire and rescue department, the infrastructure in Star Tannery is not large enough to support the influx of large numbers of people; the landscape of the neighborhood will be impacted by the removal of trees in an area the size of a football Geld for the proposed drainfield; the potential contamination and depletion of ground water supplies was a concern; and the increased water run -off puts neighboring properties downstream at risk and increases the potential to wash out the road during heavy rainstorms. Ms. Dottie Kline, a resident of Star Tannery, raised issues regarding campers trespassing on others' property and children getting into mischief. Ms. Kline questioned the quiet time suggested by the applicant; she said most of the local residents go to bed at 9:00 p.m. and rise about 5:00 a.m. She said it will be difficult to get children to quiet down at a specified time. She expressed concern about light pollution from security lights at night and athletic lights around soccer fields and basketball courts. Other issues raised by Ms. Kline included concerns that the campground would not fit in with the local environment; the campground will stress local infrastructure and services; the campground will present an aggravation to the local residents and will • be a constant problem for the County, VDOT, and the Sheriffs department; the potential for contamination or depletion of well -water supplies; and the potential risk of litigation, if a camper is hurt on neighboring properties. Mr. Michael Nelson, President of Hampton Cemetery, Inc., said the historic Hampton Cemetery is located adjacent to the proposed campground. Mr. Nelson said this is a quiet, tranquil area and the history of Star Tannery is represented in this cemetery. He said the first marked grave is dated 1814, in addition, two veterans of the Civil War are at rest in the Hampton Cemetery, along with veterans of other conflicts fought for this country. He said the citizens of Star Tannery will not tolerate desecration whether by noise, vandalism, or pollution of any kind from intrusion. Mr. Nelson asked the Commission to recommend denial of the conditional use permit. Ms. M icki King, a neighborhood resident, said Star Tannery already has a 300 -acre campground, Camp Paddy Run, located in the community for many years. Ms. King was concerned about the impacts to their water, the noise, and increased traffic on local roads. She said Paddy Run Road is only wide enough for one vehicle and there are numerous curves. Ms. King said VDOT's comments indicate will be a measurable impact on Route 602, Paddy Run Road. Mr. Richard VanNorton said he spent 25 years looking for a secluded, serene property he could retire to after the Marine Corps. He said after he retired from the Marine Corps, he worked for the boy scouts and his first job was as a reservation director for Camp Rock Enon, where he became familiar with campgrounds. Mr. VanNorton said he has a $10,000 investment in his well; he was concerned how his well would be affected by the campground. Mr. VanNorton spoke about the fire danger posed by young campers; he was also concerned about the loss of rural environment and wildlife. Mr. VanNorton said he was opposed to the campground. • Frederick County Planning Commission Page 2345 Minutes of October 1, 2008 -5- • Ms. Pat King, a neighborhood resident, said this is not simply a campground, but a sports complex with soccer fields, basketball courts, and a swimming pool. Ms. King said she was surprised to hear that campers would be recruited from the internet and not solely from the Washington, DC- Metropolitan area. She had concerns about increasing the water runoff; qhe said the culvert under Paddy Run Road floods during heavy rains. Ms. King said the applicant's proposed drainfields will be located directly behind the pond which has a creek below it that flows onto her property and then into Cedar Creek; she was concerned about sediment and debris flowing into Cedar Creek. Ms. King showed a map with 21 houses that will be impacted by the proposed campground. She expressed concerns about noise, trespassing, and vandalism. Ms. King said the residents wanted to keep their nice quiet, rural community. Mrs. Mary Lee Nelson, a resident on Paddys Run Road, was opposed to the proposed campground. She said she and her husband built their dream home here and she was concerned how the campground would impact their biggest investment. She was concerned about the community's water supply and pollution. She commented that the Hirshfeld's dream is nothing more than a business for hire and they chose Star Tannery because they will not have a water bill, a sewer bill, the taxes are lower, and there are much fewer restrictions than they would have in Reston, Virginia. She said the Hirshfelds will be using and draining every resource in Star Tannery. She added that the Hirshfelds will continue to reside in Reston, not Star Tannery. Ms. Joan Johnson, an adjoining property owner, was concerned about the impacts this business will have on the environment and lifestyles in Star Tannery. Ms. Johnson said her family has invested 18 years of money, time, and work into their property. She was concerned how the campground may affect the solitude and relaxation they enjoy. Ms. Johnson said that Route 600, a designated Virginia By-way, runs in front of her home. She was concerned about trespassers and if their horses and animals will entice children onto their property. She said her backyard is a Certified Wildlife Habitat and her family enjoys seeing wildlife on their property. • Mr. Robin Plow, a member of the Ruritan Club, had concerns about the increased amounts of trash and litter that will be generated by the proposed use. Mr. Plow also mentioned that Star Tannery Rescue Squad recently had their boundaries changed; he said the rescue personnel and fire fighters have a larger area to cover than previously. He said Star Tannery used to run as far north as Duck Run on Route 600, but now it goes almost to Mt. Falls. Mr. Plow added that Paddy Run is one of the few remaining streams with native brook trout and Mt. Falls has the second highest water falls in the State of Virginia. Ms. Linda Sibert, a retired school teacher and resident along Zep Road, said her property backs up to Camp Paddy Run. Ms. Sibert was concerned about noise; she said it's one thing to hear noisy children at 7:00 or 8:00 p.m., but she did not want to listen to noise until 10:00 or 11:00 p.m. She said none of the neighborhood children would benefit from this camp because they will not be able to afford it. She was also apprehensive about who would be coming into the camp. Ms. Siben was opposed to the proposed use and wanted her neighborhood to remain unchanged. Mr. Brian Stonesifer said he will look directly down onto the campground from his residence; he said this is an agricultural area, not a commercial one. He asked the Commission members if they would like this sports complex in their backyard. He was opposed and asked the Commission to recommend denial. Mr. Wesley Rudolph said he lived approximately one mile north of the proposed camp and he asked the Commission to recommend denial of the conditional use permit. Mr. Rudolph agreed with all of the comments made by the previous speakers. He said most of the residents have been living in Star Tannery for 15- 20 years; he has lived here for 27 years. Mr. Rudolph asked the Commission to protect the community's way of life with the wilderness and wildlife, in a quiet and peaceful setting. • Frederick County Planning Commission Page 2346 Minutes of October 1, 2008 Mr. Raymond Siver, Jr., a resident on Jep Road in Star Tannery, said he was not contacted by the Hirshfelds. He wanted to know which neighbors were contacted by the Hirshfelds. • Mr. Danny Pitcock, a 27 -year resident of Star Tannery, said he raised four children in Star Tannery. Mr. Pitcock said up until recently, Frederick County had forgotten about Star Tannery; he said telephone calls to Winchester from Star Tannery are long- distance calls. Mr. Pitcock spoke about the amount of farm equipment that he, the Macllwees, the Omdorffs, and other farmers drive along local roads during the summer months pulling hay bines and hay wagons. He said when two cars pass on Route 600, both tires of both vehicles are on the shoulders of the road; he said this will be an issue when people from the City come through who do not know how to pass tractors on the turns. He believed the proposed campground will cause a major impact. Mr. Kirk Little said he and his wife live about a half mile from the proposed campground. He said he first understood the proposal to be simply a campground, but realized it was something more with the predominant feature being a soccer field with supporting infrastructure. Mr. Little said he did some intemet research and this type of venture is a multi - million dollar business marketed on the internet for those seeking student scholarships or to parents whose children have professional aspirations. He said his research indicated that 25 years ago, these were sleepy little camps your child attended to canoe, but now campers come from all over the world. There is an organization called the Sportscamp Federation with 20,000 sports camps and schools in the United States. He said Virginia has 78 soccer camps listed; almost all of these are associated with a school or university and utilize pre - existing infrastructure. He said the few private facilities he found had enormous acreage. Mr. Little said this proposed camp is a different concept than what is typically out there. He asked why this particular camp is going into a neighborhood. Mr. Lee Turner, a property owner along Paddy Run Creek, said he was the president of a 105- • member hunting club located ''A mile from the proposed soccer camp. Mr. Turner said the noise and environmental disruption caused by clearing for the campground will change the path of wildlife. Mr. Turner said he was not anti - youth; he was a volunteer at two 4 -H camps every summer. He was concerned about keeping 40 children on 20 acres; he predicted the children will be all over the place. He said his hunting club sponsors boy scouts and they have a shooting range to instruct children how to shoot safely with qualified NRA instructors. Mr. Turner said the soccer camp will be '/4 -mile over the hill behind Mr. Stonesifer's house; he said the children will be over there when they hear the noise from the shooting range. He said a soccer camp does not belong here and he asked the Commission to vote no. Mr. Gilbert Pennwell, a neighborhood resident, said he has dogs that are very territorial and do not stay on his property. He was concerned that children wondering on someone else's property might get bitten by his dogs. Mr. Pcnmvell asked the Commission to recommend denial of the sports complex. No one else wished to speak and Chairman Wilmot closed the public comment portion of the meeting. She asked Mr. Butler if he would like to respond to any of the public comments. Mr. Butler said that the Frederick County Zoning Ordinance allows campgrounds in the Rural Areas of Frederick County. Mr. Butler believed this request was reasonable because the Hirshfelds were only asking for two percent of what they are allowed under the zoning ordinance. Commission members had questions regarding the amount of traffic that would be generated and Mr. Butler introduced Mr. David Atwood, traffic engineer with Racey Engineering in Luray, to discuss the traffic tabulations. Mr. Atwood said the trip generation is based on 40 campers; specifically, 40 coming in and 40 going out each week on a designated pickup /drop -off day. Mr. Atwood said four lots could be subdivided on this • property by right; he said this would be equivalent to having four, three -to- four- bedroom houses. Regarding the water usage, he said a three- bedroom house uses 450 gallons per day and a four- bedroom house uses 600 gallons Frederick County Planning Commission Page 2347 Minutes of October 1, 2008 -7- . per day. Mr. Atwood stated that with four homes, there could be 1800 -to -2400 gallons of water used per day. Mr. Atwood said the applicant is proposing 2500 gallons per day, which is slightly above four four - bedroom houses. He said if this acreage was subdivided for permanent residences, there would be more water usage in a year's time than with this facility because the campground is just a summer facility. Mr. Atwood said the same calculations are used for traffic. He said 160 trips are proposed per week for this campground; the ITE for an average household is ten trips per day. Mr. Atwood said that once again, considering trips per year and vehicles on the road per year, there could be more damage to the roadway with houses than the campground. He said the septic will be governed by the local Health Department and since it is a mass drainfield, samples will be sent to Lexington and reviewed by the State Office. Regarding culverts and stormwater, he said the site plan for this site will also have an US Plan, providing protection for the waterway downstream. Conunissioner Thomas asked Mr. Atwood if there would be any irrigation of soccer fields and Mr. Atwood said no. Conunissioner Thomas also inquired if the calculations of 60 gallons per day of water usage per person included toilets, washing, and laundry. Mr. Atwood said 35 residents of the camp at one time would not have laundry; he said the campers won't be washing their clothes during the week; therefore, the calculations show five with laundry, the five permanent staff, which totals 75 gallons per day. Conunissioner Ruck noted the site plan will be reviewed by VDOT because of the commercial entrance. He said since VDOT has already commented there will be a measurable impact on Route 602, did the applicant anticipate any off -site improvements that would need to be made. Mr. Atwood said that would have to be VDOT's determination- Commission members next discussed with the staff the definitions and differences between the terms sportsplex, sports camp, camp, and campground. is Supervisor Gary Lofton raised a question for the staff. He said Mr. Butler commented that the first phase will have enough sleeping facilities for 30 people, but when Phase 2 came in, those sleeping facilities would go away. Supervisor Lofton asked what assurances the County had that this would occur. Mr. Cheran replied this will be controlled by the site plan and building permits as the phases are constructed. Mr Cheran said a mechanism would need to be in place guaranteeing that after the cabins are built, the 30 sleeping facilities created in Phase 1 would be eliminated. Commission members requested that the VDOT representative come forward to answer questions. Mr. Greg Hoffman with VDOT came forward. Commissioner Unger asked Mr. Hoffman for comments about putting a commercial entrance on a dirt road, Paddy Run Road. Mr. Hoffman said there are commercial entrances on secondary roads similar to this one throughout the comity. Mr. Hoffman said the owner will be required to have site distance and a commercial entrance, which includes paving, but no curb and gutter. Mr. Hoffman noted that proper drainage at the entrance location will also be required. Some of the Commission members questioned whether the proposed use could be classified as a campground because it didn't fit with the idea or definition of a traditional campground. Other Commissioners felt that most youth campgrounds will have a basketball court, a soccer or football field, or swimming for kids to recreate while they are in a campground. If the children don't have any place to recreate, then the possibility is greater for them to get into trouble. They believed the 22 acres might be considered small if the applicant was requesting a couple hundred kids, but this acreage could be adequate for 40 people. Commissioners were concerned about the intense negative feelings by all of the neighbors; they questioned whether the perception of the proposed use may have become more intense than what the use would actually become. One of the Commission members said typically, when the Planning Commission has this many neighbors attend a public • hearing who are in opposition to a proposed use, it is a good indication for the Commission of what the people being represented want in their community. Another Conunissioner mentioned his concern that this will be an absentee owner who will not experience any potential impacts to the community and he thought it was asking Frederick County Planning Commission Page 2348 Minutes of October 1, 2008 • much from the surrounding property owners. Another view was that with a conditional use permit, compatibility of the use is very much a focal point. The Commissioners talked about placing additional restrictions on the use to make it more palatable to the community residents. A motion was made by Commissioner Unger to recommend approval with additional conditions including restricting the hours of operation to 10:00 p.m. nightly; no recreational vehicles allowed on the premises; no operations during hunting season, typically October 1 through January 31; and no lighted athletic fields. This motion was seconded by Commissioner Manuel. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 11 -08 of Diana and Andrew Hirshfeld for a campground on two parcels containing 22± acres, zoned RA (Rural Areas) District, located off Route 602 on Paddy's Run Road, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan showing all improvements shall be submitted to and approved by Frederick County prior to operation of this use. 3. One non - illuminated monument business sign shall be allowed on the property; sign shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height. 4. All athletic and event facilities are for campers use only. • 5. Campground shall be limited to 40 people at any one time. 6. Any expansion or modification of this use shall require approval of a new conditional use permit. 7. No organized outdoor activities after 10:00 p.m., nightly. 8. No recreational vehicles allowed on the premises. 9. No operations during hunting season, typically October l through January 31. 10. No lighted athletic fields. The majority vote was as follows: YES (REC. APPROVAL) Unger, Ambrogi, Manuel, Oates, Wilmot, Ours NO: Ruckman, Thomas, Triplett, Kerr, Mohn (Note: Commissioners Watt and Kriz were absent from the meeting.) • Frederick County Planning Commission Page 2349 Minutes of October 1, 2008 a • Rezoning Application #08 -08 of Botanical Square, submitted by Painter- Lewis, P.L.C., to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The properties are located on Route 50 West, at the northwest corner of the Route 50 and Botanical Drive intersection, approximately Y4 mile west of Route 37. The properties are further identified with P.I.N.s 53- A-74, 53-A-75,53-A-76, and 53 -A -77 in the Gainesboro Magisterial District. Action — Recommended .Approval with Proffers Deputy Planning Director, Michael T. Ruddy, reported that this property is within the County's Sewer and Water Service Area (SWSA) and within the area covered by the Round Hill Land Use Plan. Mr. Ruddy stated this commercial zoning classification request is considered to be supportive of the land uses identified in the Comprehensive Policy Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. Regarding the proffer statement, Mr. Ruddy explained the applicant has stated they intend to develop the property with up to 36,000 square feet of commercial uses. He said this proffer language should be clarified to verify the maximum floor area and must eliminate the discussion on additional TIAs (Transportation Impact Analysis) and development. In addition, the applicant has proffered improvements within the Route 50 and Botanical right -of -ways which may be necessary to support the proposed development, along with signalization of the site access and Botanical Drive. Mr. Ruddy pointed out that the dollar value of this improvement for the construction of a signal should be available for use on other transportation improvements in the general area. He said it maybe prudent to establish a dollar value for this improvement and contribution. Mr. John Lewis of Painter -Lewis was representing the applicant, Omni Design Build, Inc., and the property owners, Nancy Renner Johnson and Carolyn R. Turner. Mr. Lewis believed the applicant had met • the spirit and intent of the Comprehensive Policy Plan. He said this property is approximately four acres among about 200 acres recently rezoned to B2 (Business General) Zoning. Mr. Lewis said they are willing to commit to the 36,000 square -foot cap and are also proposing a 50 -foot landscaped buffer in the front which is consistent with the other properties developed along the Route 50 corridor. In addition, Mr. Lewis said the applicant has committed to constructing the traffic signal at the intersection; however, in the event they do not spend the money on the signal, they will commit to $150,000 towards Frederick County when the site is developed. Mr. Lewis said the applicant can and will address all of the County Attorney's comments. Commissioner Ruckman asked if Echo Lane, along the west side of the property, was a right -of- way or an access easement across the properties. Mr. Lewis replied that Echo Lane, a dirt path, was a private access easement which runs along the property line serving numerous properties, including the Huffman property. He said the applicant has made provisions to continue maintaining an access for the Hu£fmans, not through Echo Lane, but through a signalized intersection. Chairman Wilmot called for public conunents; however, no one came forward to speak. Commissioner Triplett made a motion to recommend approval of the rezoning with the stipulations that the applicant will commit to a $150,000 contribution to Frederick County for other transportation improvements, should the money not be used for the traffic signal at site access and Botanical Drive; and with the clarification that the maximum floor area shall be limited to 36,000 square feet. This motion was seconded by Commissioner Thomas and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #08 -08 of Botanical Square, submitted by Painter - Lewis, P.L.C., to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District for commercial use with revised proffers including the applicant's commitment to a $150,000 contribution to Frederick County for other transportation improvements, should the money not be used for the traffic signal at site access and Botanical Frederick County Planning Commission Page 2350 Minutes of October 1, 2008 -10- Drive; and with the clarification that the maximum floor area shall be limited to 36,000 square feet. (Note: Commissioners Watt and Kriz were absent from the meeting.) Rezoning Application #06 -08 of Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.47 acres from RA (Rural Areas) District to B2 (Business General) 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 properties are further identified with P.I.N.s 53-A-81,53-A-82, 53B -3 -24, and 53B -3 -25 in the Back Creek Magisterial District. Action — Recommended Denial Commissioner Mohn 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 this item was tabled by the Planning Commission for 45 days at their meeting of August 20, 2008 to allow time for the Commission, the staff, and the public to review revised proffers. Mr. Ruddy said the most significant change to the application is the inclusion of Parcel 53B -3 -24 owned by United Bank. He said the primary purpose of this addition is to provide for sufficient area to implement the proposed Ward Avenue access road to the facility as identified on the GDP (Generalized Development Plan). He said the proffers for this rezoning have been crafted to apply to the five -foot • area to be adjusted into the Assisted Living Facility for the United Bank; the balance of this parcel is to be retained by United Bank and would not be subject to the proffers. Mr. Ruddy said the next significant modification is the clarification that the land use for this property shall be only for an assisted living care facility of up to 75,000 square feet. All other B2 uses shall not be permitted on this site. Mr. Ruddy said the applicant has included an exhibit which would guide the architectural elevations of the buildings construction and, in addition, he has broadened the potential use of the $25,000 transportation proffer to the general vicinity of the project, rather than directly to a specific improvement. Mr. Ruddy continued, stating that in addition to those concerns previously identified in the staff report, several concerns remain regarding the trigger points in the proffer statement, including the timing of the $25,000 transportation contribution, the timing of the site improvements, and the sunset clause for the dedication of right -of -way to the rear of the property for the Round Hill Road extension. Mr. Ruddy said the importance of this future road connection, dedication of the necessary right -of -way, and potential construction should continue to be stressed. He added that the proposed entrance onto Route 50 has been modified, but has not been removed at this time. Mr. Thomas (Ty) M. Lawson of Lawson & Silek was representing the applicant. Mr. Lawson reviewed the revised proffers and answered questions from the Commission. Commissioner Manuel pointed out the current deed indicates that Darla Poe Funkhouser and Sharon Poe own one- quarter interest; he said if someone else owns 50 percent, they need to be a part of the proffer statement. Mr. Lawson said there are two deeds and two daughters; he said Mr. Poe confirmed he gifted • two quarters in December of one year and the other two quarters in the next calendar year. Mr. Lawson said they have prepared a confinning deed which clarifies for the record that Mr. Poe did, in fact, gift one half in one calendar year and the other half in the other year, thereby conveying his 100 percent interest. Frederick County Planning Commission Page 2351 Minutes of October 1, 2008 -11- Commissioner Unger asked Mr. Lawson to provide further explanation regarding the entrance on Route 50. Commissioner Unger was opposed to regular vehicular traffic exiting here for safety reasons. Commissioner Unger asked the applicant if there was some other access point Allegheny Power Company could use because of their infrequent use. Mr. Lawson said the applicant has agreed to erect signage to the effect that patrons/visitors are not permitted to exit at this location; however, it will allow Allegheny Power Company trucks to exit here. Mr. Lawson commented that it was not a very attractive right -out for vehicles because there is an immediate traffic signal; he said the better route of least resistance is to go down Ward Avenue because there is a traffic signal that will allow vehicles to go west or make a right turn on red. Commissioner Unger also had questions regarding the sunset clause within the proffer statement and why the applicant thought it was necessary. Mr. Lawson replied that someone needs to take over the property after a period of time. Mr. Lawson said they were not committed to the ten -year time frame; the comment they received was that five years was too short and so they extended it to ten years. Mr. Lawson said if the Commission would like to recommend something else, the applicant is amenable to that. He believed everyone would agree there needed to be some period of time beyond which someone has got to take over the responsibility for the road. Conunissioner Oates suggested alternative language for the Sunset clause. He suggested the applicant ask the County to relinquish their rights to the road, if it ends up in another location; he also suggested that the applicant let the County decide on the time frame for the sunset. Commissioner Oates did not think the signs proposed by the applicant would be effective in keeping motorists from exiting on Route 50; he suggested the applicant install a gate with an Allegheny Power Company lock to restrict access. Mr. Lawson had concerns about installing a gate because it would restrict an access not currently restricted; he did not believe the court . would allow it. Commissioner Oates disagreed, especially since this was rural property and the owner could at any time put cattle on the land. Commissioner Oates didn't see how Allegheny Power could prohibit a gate as long as they have a key to the gate and can access it. Chairman Wilmot called for public comments, however, no one came forward to speak. Commissioners asked for the staffs comments regarding the gate and commercial entrance. Mr. Ruddy believed a whole new commercial entrance was probably more than what was needed here, merely to accommodate an existing easement and occasional use by Allegheny Power; he thought a gate would be problematic with a commercial entrance. He said some other mechanism would be more appropriate, such as curbing and a travel way to ensure that the circulation of the site and facility could occur, while still maintaining access for the power company and others who may have a right -of -way through the site and Ward Avenue. Mr. Ruddy felt the money would be much better spent by putting transportation in place that improves the County's transportation plan in the area of Ward Avenue and the road to the rear. Commissioner Thomas stated it wasn't the applicant's idea to install the commercial entrance, but it was a requirement of VDOT. Commissioner Thomas believed that because of the nature of the proposed use, it should have two entrances in and out. Mr. Ruddy interjected that any commercial entrance onto Route 50 is problematic; he said there are other ways to accomplish what's needed. He said in the long run, there will ultimately be multiple access points to this site. Commissioner Oates said he could not support another entrance onto Route 50 because it would set a precedent for future additional access points on Route 50. He commented about the successful previous rezoning for Botanical Square; he said the applicant addressed everything the Commission was looking for, plus they had proffered $150,000 on their four -acre site. Commissioner Oates said this is an eight -acre site offering $25,000; he said lie didn't see this proposal mitigating the traffic impacts. Commissioner Oates said his biggest concerns were the applicant's access and traffic. Frederick County Planning Commission Page 2352 Minutes of October 1, 2008 -12- • Commissioner Unger agreed with Commissioner Oates and said he could not support the application because he was not in favor of vehicles exiting onto Route 50, although he didn't mind the right -in. He said the applicant may have to dedicate another right -of -way on the property for Allegheny to exit. Commissioner Unger made a motion to recormmend denial. This motion was seconded by Commissioner Oates and passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend denial of Rezoning Application #06 -08 of Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.47 acres from RA (Rural Areas) District to B2 (Business General) District. The majority vote was as follows: YES (REC. DENIAL) Unger, Ambrogi, Manuel, Ruckman, Oates, Wilmot NO: Thomas, Ours, Triplett, Kerr ABSTAIN Mohn (Note: Commissioners Watt and Kriz were absent from the meeting.) • Conditional Use Permit #09 -08 for Shenandoah Mobile Company for a commercial telecommunications facility at 1203 Redbud Road (Route 661). This property is identified with P.I.N. 55- A -129A in the Stonewall Magisterial District. Action — Tabled for 30 Days Commissioner Oates said he would abstain from all discussion and voting on this particular application, due to a potential conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Planning Commission previously considered this conditional use permit (CUP) at their August 13, 2008 meeting. He said the Commission believed the proposed tower location was too close to a Developmentally Sensitive Area (DSA) and a Designated Virginia Byway and they were in agreement with the recommendations provided by Frederick County's Historic Resources Advisory Board (HRAB) that the benefits, in tens of additional coverage levels, did not warrant the cost of the tower's impact on the area's view shed. The Commission also agreed with the Planning Staff's position that the proposed CUP was not in conformance with Frederick County's 2007 Comprehensive Policy Plan and the impacts could not be mitigated. Mr. Cheran said the Commission informed the applicants they had not provided convincing evidence that the telecon ummications facility was necessary at this proposed location. He said the Commission tabled the CUP for 45 days in order to provide time for the applicant to gather further information. Mr. Lynn Griez, the Acquisition Manager for Shentel, introduced himself and members of the Shentel team. Mr. Griez provided a presentation on why the applicant believed this site was important for r seamless coverage and service performance for their Sprint Network customers. • Frederick County Planning Commission Page 2353 Minutes of October 1, 2008 — 13 — Chairman Wilmot called for public comments and the following persons stepped forward to speak: • Ms. Trudy Dixon, a resident on Redbud Road in the Stonewall Magisterial District, came forward to speak in opposition to the conditional use permit for the proposed telecommunications facility. She said there were five properties between her home and the proposed tower site and the tower will impact the view from her home. She said Shentel's in- vehicle and in- building coverage maps indicate her home has no coverage; however, she said she certainly does have cell phone coverage, even within her basement. Ms. Dixon said it appeared the applicant is only providing information as it pertains to the coverage of their own arrays and not other service providers; she said while they are well within their rights to capture as much of the market as they can, they are providing incomplete information. Ms. Dixon did not believe Shentel had exhausted all possibilities for alternative sites; she said Shentel representatives did not state which sites they had investigated and why they were not acceptable. She mentioned several sites along major transportation routes she thought would be more appropriate than a new structure on a scenic byway. Ms. Dixon said she was disheartened that those responsible for making planning decisions within the County are willing to disregard rural and scenic areas in favor of providing infrastructure for development at the expense of the people who enjoy living in and driving through these open spaces. Ms. Dixon asked the Commission to preserve one of the few remaining scenic areas in this part of Frederick County and to support the HRAB's recommendation for denial. Mr. Bill Meier said he is currently building a home in Woodsmill. He said the deck on his new home will be 200 feet away from the proposed tower. Mr. Meier said he thought this additional meeting was to be about how the proposed tower was going to provide better service; however, he just heard a 45- minute sales pitch. Mr. Meier did not believe a tower site was appropriate within an Agricultural and Forestal District and he questioned whether the Code of Virginia was being violated by placing the tower within an agricultural district. • Mr. Bernie Schwartzman, a resident of Redbud Road in the Stonewall Magisterial District, spoke in support of this CUP for a proposed telecommunications facility. Mr. Schwartzman said that on Redbud Road where he lives, there is no access to DSL, there is no FIAS, or cable because he is within the agricultural district. He said the owners of the property, who could not attend this meeting, had satellite internet coverage and found it very expensive and not very reliable in inclement weather. Mr. Schwartzman said he sometimes has coverage at one end of his house, but not at another area. He said he agreed with all of the issues raised by the Shentel representative and he believed it was important for all the citizens in this area of Frederick County to have adequate interact coverage and 911 service. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot announced that the Commission was rapidly approaching the 11:00 p.m. adjournment time stipulated in the Planning Commission's Bylaws. Commissioner Ruckman expressed the following concerns: the proposed location of the telecommunications tower was within an Agricultural and Forestal District, the proposed location was not in conformance with the 2007 Comprehensive Policy Plan, the impacts of the tower cannot be mitigated, and the County has higher expectations for land uses within the rural areas along Scenic Byways and within Developmentally Sensitive Areas (DSAs). Due to the 11:00 p.m. adjournment time stipulated in the Planning Commission's Bylaws, Commissioner Thomas made a motion to table CUP #09 -08 of Shenandoah Mobile Company for 30 days. This motion was seconded by Commissioner Ours and was passed by a unanimous vote. Frederick County Planning Commission Page 2354 Minutes of October 1, 2008 -14- • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously table Conditional Use Permit 909 -08 for Shenandoah Mobile Company for a commercial telecommunications facility at 1203 Redbud Road (Route 66 1) for 30 days. (Commissioner Oates abstained from voting, Commissioners Watt and Kriz were absent from the meeting.) ADJOURNMENT Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, the meeting adjourned at 11:00 p.m. by a unanimous vote. Respectfully submitted, e U, Chairman Eric R. Lawrence, Secretary • • Frederick County Planning Commission Page 2355 Minutes of October 1. 2008