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PC_10-07-09_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 7, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chainnan/Opequon District; Brian Madagan, Opequon District; Gary R Oates, Stonewall District; Lawrence R Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District, Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Richard Ruckman, Stonewall District STAFF PRESENT: Eric R, Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director, Mark R Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; John A. Bishop, Deputy Director- Transportation; Dana M. Johnston, Zoning Inspector; 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 Thomas and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the October 7, 2009, agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz an d seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the August 19, 2009 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the September 2, 2009 meeting. n U Frederick County Planning Commission Page 2541 Minutes of October 7, 2009 -2- • COMMITTEE REPORTS Transportation Committee - 9/28/09 Mtg. —. -- - -- Commissioner Oates reported that the Transportation Committee had five items for discussion, as follows: 1) Valley Connector Support Request —the Transportation Committee approved the revision request for a letter of support; 2) Update on the Double Church Road Truck Restriction — Warren County had no objection to Frederick County pursuing the restriction; 3) Enhancement Grant Application for the Senseny Road Bicycle and Pedestrian Path —the Transportation Committee endorsed the application; 4) Tevis Street Extension — Transportation Committee will continue to pursue developing the portion from Route 522 to Russell 150, regardless of when the bridge will be built; 5) VDOT provided an update on bridge work occurring within the next year. Development Review & Regulations Committee (DRRC) — 9/24/09 Mtg. Commissioner Unger reported that DRRC discussed revisions to Chapter 165, Zoning, for the addition of a TOR (Transfer of Development Rights) ordinance in accordance with the recently adopted Rural Areas Study. Commissioner Unger explained that landowners in the county may sell their development rights to property owners in the UDA (Urban Development Area). He said the committee is striving to keep the ordinance simple, realizing this has not been done much throughout Virginia. Commissioner Unger said the county is leading in the State with initiating this type of ordinance; he said hopefully, this will help to preserve land • throughout Frederick County. Commissioner Unger said the DRRC also discussed permitted uses within the OM (Office Manufacturing Park) District and the MI (Industrial Limited) District. He said the committee is discussing allowing food processors within those districts. Economic Development Commission (EDC) — 10/02/09 Mtg. Commissioner Madagan reported that Mr. Gene Schultz from the Virginia Employment Commission spoke about current trends in the labor force and mixed signals for our area. He said Mr. Schultz reported that while unemployment is down slightly to 7.5% in August, the length of time persons are on unemployment has increased slightly. Commissioner Madagan reported that Mr. Patrick Barker of the EDC provided an overview of recent client activity and indicated the EDC is on par for as much or more activity than last year. Commissioner Madagan said Mr. Barker provided second quarter results for the local Cost of Living Index compared to the national average and other localities in Virginia. He said Mr. Barker also reported that Winchester and Frederick County continue to remain very competitive with the Northern Virginia area, as well as other regional areas that have a similar unemployment rate. • Frederick County Planning Commission Page 2542 Minutes of October 7, 2009 -3- • Conservation Easement Authority (CEA) — 09/24/09 Mtg. Commissioner Triplett reported that Mr. Joe Wilder with Frederick County Public Works was available to discuss the new Virginia Stormwater Management Regulations and it appears Frederick County will - -- ---need to develop a program for regulating stormwater. Commissioner Triplett said that because of the new regulations, there are concerns that development may encroach beyond the County's UDA (Urban Development Area). He said the CEA also discussed some fund- raising activities. 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. PUBLIC HEARING Rezoning Application 907 -09 of the Burns Property on Valley Mill Road, submitted by Patton, Harris, Rust & Associates, Inc., to rezone 1.26 acres from RP (Residential Performance) District to B2 (Business General) District, with proffers, for commercial uses. The properties are located in the northwest corner • of the intersection of Valley Mill Road (Rt. 659) and Martin Drive. The properties are identified with P.I.N.s 54-A-1 12Q, 54-A-1 12D, and 54- A -112P in the Red Bud Magisterial District. Action — Tabled for 45 Days Deputy Planning Director, Michael T. Ruddy, reported that the three parcels making up the rezoning request are located within the SWSA (Sewer and Water Service Area), the UDA (Urban Development Area), and are covered by the Route 7 Lane Use Plan. He said a GDP (Generalized Development Plan) has been provided calling for 12,000 square feet of commercial land uses on B2 (Business General) property with proffers. Mr. Ruddy said in general, the B2 land use proposed conforms to the Eastern Frederick County Long -Range Land Use Plan; however, the impacts associated with the rezoning request have not been fully mitigated by the applicant. In particular, he reported that transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection of Route 7 and Route 659 (Valley Mill Road). Additional corridor street enhancement elements such as landscaping should be provided In addition, the ten -foot hikerlbiker trail should be extended across these properties frontage with Valley Mill Road. In conclusion, Mr. Ruddy reiterated the following outstanding issues: 1) off -site transportation impacts to Valley Mill Road and to the Valley Mill Road intersection at Route 7 have not yet been resolved; 2) the timing of the installation of improvements by others may not be in place in relation to this project, but are necessary for this project to achieve an acceptable level of service; 3) the trail and sidewalk improvements across property frontages have not been continued; 4) the access for eastbound Valley Mill traffic to Martin Drive has not yet been resolved; and, 5) additional landscaping and buffering should be provided. O Frederick County Planning Commission Page 2543 Minutes of October 7, 2009 Mr. Patrick Sowers with Patton, Harris, Rust & Associates, Inc. was present to represent this • rezoning application. Mr. Sowers proceeded to address the five outstanding issues raised by the staff. Beginning with the off -site transportation impacts, Mr. Sowers said the TIA indicates an additional lane is needed along the Valley Mill Road frontage at the Route 7 intersection; he said this was proffered as part of the Walgreens/Dairy _Comer Place rezoning application.. Mr. Sowers said this applicant is willing to tie the issuance of a Certificate of Occupancy for this property to those improvements proffered by Walgreens/Dairy Comer Place in order to insure this project will not put additional traffic on the roadway without it being mitigated by road improvements. In addition, Mr. Sowers said the applicant has proffered there will be no direct access onto Valley Mill Road, thus eliminating further conflict points along Valley Mill Road. He said the applicant is also proffering not only a taper for a turn lane onto Martin Drive, but an expansion of Valley Mill Road across the property frontage. He said constructing this expansion will allow the applicant to: 1) tie into the improvements proffered as part of the Walgreens property; and 2) it will enable the applicant to sufficiently expand the width of Valley Mill Road to provide a left -turn lane that will go into Dowell I Circle. Mr. Sowers stated that this left- turn lane was seen as a need during consideration of the Walgreens application. Mr. Sowers noted that the other issue raised by the staff was the access to the site for east -bound Valley Mill Road. He said they have pushed the entrance as far back on Martin Drive as possible to insure there is no conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Mr. Sowers next addressed the buffering and screening for the adjacent RP -zoned property across Martin Drive; he said the property is in residential use and the applicant is required to have the equivalent Category B Zoning District Buffer plantings across the Martin Drive frontage, consisting of three trees per ten linear feet. Mr. Sowers said the buffering and screening along the Martin Drive frontage will be substantial. ht • addition, he said they are extending the landscaping proffered as part of the Walgreens project along Valley Mill Road, 50 feet on center, and across the frontage to Martin Drive. Regarding the hiker/biker trail across the property's frontage, Mr. Sowers said the recent ordinance adoption requires a sidewalk; however, the applicant would be willing to extend the trail system in lieu of that portion of sidewalk along the property's frontage. He said the applicant will maintain a portion of the off- site sidewalk previously proffered. Commissioner Kriz stated that according to the Commission's policies, this application should be postponed for 45 days because of the change in proffers. Commissioner Unger asked if the entrances for the Walgreens site would tie into this site, providing an alternative access for this project. Mr. Sowers replied that Walgreens will have a private commercial street through their site to Route 7, at the existing 220 Seafood entrance. Mr. Sowers said part of the Walgreens proffer package included an inter -parcel connector in this vicinity, which will connect with the inter - parcel connector shown on the Burns plan. He said traffic will have the ability to enter and exit through Martin Drive as well as through this inter -parcel access. Commissioner Thomas expressed concern about impacts to the six residences across the street from this project, along Martins Drive. Commissioner Thomas said the taper lane will not serve to mitigate impacts and headlights from exiting traffic will shine into the residences across the street. He commented that the applicant is putting a heavy commercial use in a residential area and the applicant is changing the character of the seven -to -eight houses in the area. Mr. Sowers described the lan to buffer those residential properties. W. Sowers commented that the long -term plan is for commercial use in this area. There was some discussion • among the Commission and the applicant about the best location for the entrance on Martin Drive. Frederick County Planning Commission Page 2544 Minutes of October 7, 2009 -5- Chairman Wilmot called for public comments and the following person came forward to speak: • Mr. Robert (Bob) Ganse stated that he and his wife used to own the 220 Seafood Restaurant and are part owners of 38 acres in this area. Mr. Ganse said his wife's parents built the houses on Martin Drive in -- - .- -- - 1943; he said Martin Drive is a 25 -foot wide country lane with no curbing or cul -de -sac. Additionally, Mr. Ganse had concerns about his ability to use the access roads planned for the Walgrcens site. Mr. Ganse said if he and his wife choose to develop their 38 acres, he was concerned his property would not be able to access Route 7 or Valley Mill Road. Mr. Ron Mislowsky, with Patton, Harris, Rust & Associates, Inc., said the access issue raised by Mr. Ganse was brought to their attention late this afternoon. Mr. Mislowsky said that in working with the attorneys representing all of the property owners, it was determined there is an existing easement over the access road to the 220 Seafood property and this easement gives Mr. Cause the right to use the access road. Mr. Mislowsky said he spoke with the attorney for Walgreens and was assured that Mr. Ganse would have access by means of the casement shown on the plat. Mr. Mislowsky said they are continuing to work with the attorneys to get all the easements where they need to be on the plat. Planning Commissioners discussed with Mr. Mislowsky what would happen at the Bums site entrance if the Walgreens project failed to develop. Commissioner Oates commented about encouraging traffic through the Walgreens site to access the Bums' site with left -turn movements; he suggested signagc to promote this access. Mr. Ruddy suggested that perhaps some coordination with this project and the adjacent project on one joint entrance sign would be appropriate. Mr. Ruddy commented about what could be done to facilitate using the entrance that was setup with the Walgreens project. Commissioner Kriz asked about a possible scenario where the Walgreens project fell through and the Bums project was approved; he asked if the Burns applicant had agreed to construct the road and the improvements that were proffered by Walgreens all the way to Route 7. Mr. Ruddy said no, that is not what they are proffering presently; however, the applicant has suggested that they may potentially do that if the Walgreens project does not develop. Commissioner Mohn said he supported this rezoning application in general, as far as the land use and its transition, because of the intent pursuant to the Comprehensive Policy Plan. However, he believed the issue of integrating the improvements associated with this proposal and those provided with the Walgreens program will need to be seen specifically. Commissioner Mohn said he was somewhat concerned about the mechanics of how all that will work out; he said one project does seem to be dependent on the other. He suggested that a tabling would provide some time for everyone to study the new proffers and for the applicant to incorporate the changes that have been discussed. Commissioner Mohn made a motion to table Rezoning Application #07 -09 of The Burns Property/Valley Mill Road for 45 days. This motion was seconded by Commissioner Kriz and was unanim ously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously table Rezoning Application #07 -09 of the Burns Property on Valley Mill Road, submitted by Patton, Harris, Rust & Associates, Inc., to rezone 1.26 acres from RP (Residential Performance) District to B2 (Business General) District, with proffers, for commercial uses, for 45 days. (Note: Commissioner Ruckman was absent from the meeting.) • ------- - - - - -- Frederick County Planning Commission Page 2545 Minutes of October 7, 2009 Im • SENSENY ROAD ENHANCEMENT GRANT APPLICATION Consideration of an Application for Virginia Department of Transportation (VDOT) Enhancement Grant -- Funds for Bicycle and Pedestrian Paths Along Senseny Road in the Vicinity of Senseny Road Elementary School. Action — Recommended Approval Deputy Director Transportation, John A. Bishop, reported that the County staff is undertaking the annual process of applying for Enhancement Chant funds. Mr. Bishop said Enhancement Grants are federal funds that are awarded by the Commonwealth Transportation Board (CTB) on an annual basis for improvements to bicycle and pedestrian transportation. He said this is Frederick County's fourth year of applying and trying to amass funds to install pedestrian and bicycle improvements along the Senseny Road corridor in the vicinity of Senseny Road Elementary School. Mr. Bishop noted that Frederick County was awarded $140,000 in 2006 and $250,000 in 2007; however, last year's application was not successful. Mr. Bishop said the proposed project would add paved multi -use paths to the northern and southern sides of Senseny Road, between I -81 and the Orrick Commons project. The project would also include improvemcnts to the crossovers of roadways traversed by the paths and an additional crossover of Senseny Road at Senseny Road Elementary School. Mr. Bishop said the project would serve as an important cornerstone for a future pedestrian and bicycle system extending further east along Senseny Road and into the City of Winchester. • Mr. Bishop stated that the Transportation Committee considered this proposal at their September 28, 2009 meeting and unanimously recommended approval. Mr. Bishop said the Transportation Committee is seeking a recommendation from the Planning Commission to the Board of Supervisors. Chairman Wilmot called for public comments; however, no one came forward to speak. Upon motion made by Commissioner Oates and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimo recommend that staff proceed to apply for Virginia Department of Transportation (VDOT) Enhancement Gant Funds for bicycle and pedestrian paths along Senseny Road in the vicinity of Scnseny Road Elementary School. (Note: Commissioner Ruckman was absent from the meeting.) PUBLIC MEETING Conditional Use Permit #05-09 for Roger Jenkins for a public garage without body repair at 190 Boggess Lane. This property is identified with P.I.N. 41 -10-9 in the Gainesboro Magisterial District. (This item was tabled from the 8/19/09 meeting.) Action — Recommended Approval with Conditions • Frederick County Planning Commission Page 2546 Minutes of October 7, 2009 -7- Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Planning Commission tabled this CUP (conditional use permit) for 45 days at their August 19, 2009, meeting to allow time for the • property owners along Boggess Lane to work out a road maintenance agreement for Boggess Lane, a private road Mr. Cheran reported that the proposed use, a public garage without body repair, would take place in a structure approximately 4,800 square feet in size on a 77 -acre parcel owned by Roger Jenkins. He noted that — - - the property is not within any Frederick County land use study -Mr: Cheran next read a list of recommended conditions which were compiled with input from property owners along Boggess Lane. After hearing the proposed conditions, Commissioner Oates suggested locations for the speed limit sign, the watch for children sign, and the private residence sign so they would be visually more effective. Commissioner Madagan asked who would be responsible for installing and maintaining the signs mentioned Mr. Cheran said he would like to refer the question to the applicant and the neighbors who had the road maintenance agreement drawn up. Chairman Wilmot announced that although the public hearing for this proposed conditional use permit was held at the August 19, 2009, the Planning Commission would take public comments from anyone who wished to speak. The following person came forward: Ms. Diane Michael, property owner at 241 Boggess Lane, said she was happy to report that the property owners along Boggess Lane have a road maintenance agreement, signed and recorded, and she provided copies to the Commission. Ms. Michael requested that the Planning Commission include the recommended conditions relating to the hours of operation from 8:00 a.m. to 6:00 p.m. with no work on Sundays; the posting of a 15 -mph speed limit sign, a Watch for Children sign, and the Private Residence/ No Trespassing sign. She commented about the safety of the neighborhood children and the narrow road with blind spots. In response to • Commissioner Madagan's question about who would maintain the signs, Ms. Michael said she would like the signs to be metal and to be maintained by Mr. Jenkins. Ms. Michael was concerned about how Mr. Jenkins' business would impact the value of her property and her neighbors' properties. No other public comments were made and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Unger recommended that after the signs are initially installed, that the maintenance and sign replacement costs be taken out of the dues collected through the road maintenance agreement. Commissioner Mohn said from the County's perspective, the requirements for the signs are a condition of Mr. Jenkins' CUP and the CUP is Mr. Jenkins' responsibility. Commissioner Mohn believed the initial sign installation will be Mr. Jenkins' obligation and afterward, the property owners should work out a payment method for maintenance or replacement of the signs. Commissioner Kriz made a motion to recommend approval of CUP #05 -09 of Roger Jenkins with the conditions as recommended by the staff. This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanim ously recommend approval of Conditional Use Permit #05 -09 for Roger Jenkins for a public garage without body repair at 190 Boggess Lane with the following conditions: • Frederick County Planning Commission Page 2547 Minutes of October 7, 2009 1. All review agency comments and requirements shall be complied with at all times. • 2. The applicant will be limited to repairing only five vehicles on site at any time. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation is limited to the applicant; no employees. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three years of the approval date of this conditional use permit. 7. This conditional use permit shall be void and will be revoked, if Condition #6 is not implemented. 8. Any proposed business sign shall conform to the cottage occupation sign requirements and shall not exceed four square -feet in size and five feet in height. 9. The hours of operation shall be from 8:00 a.m. to 6:00 p.m. and no repair activities will take place on Sundays. 10. Any expansion or change of use shall require a new conditional use permit. 11. A 15 -mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A "Watch for Children" sign shall be posted at the entrance of Boggess Lane. • 12. A "Private Residence No Trespassing" sign shall be posted at Mr. Jenkins' entrance. (Note: Commissioner Ruckman was absent from the meeting.) Request of Linda Brewer/Ruby Springs, submitted by Patton, Harris, Rust & Associates, Inc. for a waiver of the requirements of the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design standards, Section 144 -17, Streets (G)(1), Cul -de -sac, to allow a cul- de-sac length of approximately 1,086 feet, which is 86 feet greater than the allowed length of 1,000 feet. The property is located northeast of Red Bud Road (Rt. 661), 1,300 feet west of its intersection with Morgan Mill Road. The property is identified with P.I.N. 55- A -128C in the Stonewall Magisterial District. Action — Approved Zoning Inspector, Dana Johnston, reported that PHR&A (Patton, Hams, Rust & Associates) is requesting a waiver, on behalf of Ms. Linda K. Timbrook - Brewer, to allow a cul -de -sac length of approximately 1,086 feet, which is 86 feet greater than the maximum length permitted by the ordinance of 1,000 feet. Mr. Johnston stated that the proposed cul -de -sac would serve six lots proposed as part of the rural subdivision, Ruby Springs, as well as an existing lot. He noted that the proposed street design allows for a single roadway within the development, thereby allowing for a greater amount of area within the Waal preservation tract and minimizing Frederick County Planning Commission Page 2548 Minutes of October 7, 2009 ME impervious surface area from roadways. Mr. Johnston stated that as this proposed waiver will not create safety • issues and will promote preservation of open space and the environment using a larger preservation tract and less impervious surface area, the staff is recommending approval of the waiver request. Mr. Patrick Sowers with PHR &A was available to represent the applicant. Chairman Wilmot called for any public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. No issues or areas of concern were raised by the Planning Commission. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve the request by Linda K. Timbrook- Brewer/Ruby Springs, submitted by Patton, Harris, Rust & Associates, Inc. for a waiver of the requirements of the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design standards, Section 144 -17, Streets (G)(1), Cul -de -sac, to allow a cul-de -sac length of approximately 1,086 feet, which is 86 feet greater than the allowed length of 1,000 feet. (Note: Commissioner Ruckman was absent from the meeting.) • COMMISSION DISCUSSION Discussion of Proposed Revisions to Frederick County Code, Chapter 165 (Zoning Ordinance), Article VI, Business and Industrial Zoning Districts, Part 605 OM (Office Manufacturing Park) District. Revisions to the OM District include additional uses and revised design standards. Senior Planner, Candice E. Perkins, reported that Frederick County has received a formal request to revise portions of the OM (Office Manufacturing) Park Zoning District, particularly for the addition of a number of uses, as well as modification to the floor to area ratio (FAR) and the height maximums in the district. She said specifically, the request is to add various manufacturing uses, office uses, and service uses, along with revisions to the height allowances for office buildings from 60 feet to 90 feet and 70 feet for automobile parking structures. An additional request was received to allow a height exemption for automated storage facilities and to increase the FAR from 1.0 to 2.0. Ms. Perkins reported that this amendment request was presented to the Development Review and Regulations Committee (DRRC) at their meeting on September 24, 2009. She said the DRRC discussed the intent of the OM Park District and believed the district should continue to accommodate office, research and development, and minimal impact industrial uses that could be compatible with the other uses in the park. She said the DRRC reviewed each of the uses requested by the applicant. First discussed was the requested food manufacturing uses, which were originally excluded from the OM Park when it was initially developed. Ultimately, the DRRC felt that the impacts of those uses, such as heavy traffic and odor, would not be cohesive with other uses that would be permitted in the OM Park and believed those uses should be excluded Ms. Perkins said the DRRC also recognized that such uses are currently permitted in the M I and M2 Districts and were more • suited to those districts. She said the DRRC was satisfied with many of the other requested uses, but felt that certain financial uses, such as banks, still belonged in the secondary or accessory use portion of the district. Frederick County Planning Commission Page 2549 Minutes of October 7. 2009 -10- • Ms. Perkins said Attachment #3, which was mailed to the Planning Commission after the agendas had already been mailed, is the revised OM Park District endorsed by the DRRC and forwarded to the Planning Commission for further discussion. Ms. Perkins stated that all comments received from the Planning Commission will be forwarded to the Board of Supervisors. Commissioner Oates said this issue was thoroughly discussed by the committee. He said that except for the food items, the applicant received just about everything they had asked for. Other Commissioners believed the amendments provided for a better ordinance. No action was needed by the Commission at this time. OTHER Planning Director, Eric R Lawrence, reported that the time is approaching when the Planning Commission reviews and renews its Bylaws. Mr. Lawrence said if anyone has suggestions or clarifications to the Bylaws, please contact the staff. ADJOURNMENT No further business remained to be discussed. Upon motion made by Commissioner Kriz and • seconded by Commissioner Thomas, the meeting was adjourned at 5:00 p.m. by a unanimous vote. Respectfully submitted, Chairman Eric W-\Lwxrmrce, Secretary • Frederick County Planning Commission Page 2550 Minutes of October 7, 2009