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HomeMy WebLinkAboutPC_06-18-03_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 18, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman / Opequon District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Cars, Opequon District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Cordell Watt, Back Creek District. George J. Kriz, Gainesboro District; Margaret Douglas, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District STAFF PRESENT: Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; Patrick T. Davenport, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk E CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 7, 2003 AND MAY 21, 2003 . Upon inotio n inade by Coin m i ssioner Kriz and seconded by Coin miss i6ner Ours, the M in UteS of May 7, 2003 were unanimously approved as presented. Upon motion made by Commissioner Krizand seconded by Commissioner Fisher, the minutes of May 21, 2003 were unanimously approved as presented. r1 U Frederick County Planning Commission Draft Minutes of June 18, 2003 Page 1088 G - • COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 06/09/03 Mtg. Commissioner Light reported that the CPPS entertained two items: 1);the change of a road system in the Comprehen s i ve Policy Plan for the Northeast Land Use Plan corridor for the Sem pe les' property, Route 669. Commissioner Light stated that this item was tabled in order to seek comments from VDOT concerning the unknown traffic situation in this area. 2) a presentation by Mr. Glen Penton with the Stephenson group was entertained for property to be included in the Sewer and Water Service Area (SWSA). The CPPS recommended denial of this request. Historic Resources Advisory Board (HRAB) - 06/17/03 Mtg. I Commissioner Gochenour stated thatthe HRAB reviewed the Shenandoah Honda rezoning proposal submitted by Mr. John Ross, represented by Mr. Tim Stowe of Anderson & Associates. Commissioner Gochenour reported that after considerable discussion, the consensus ofth HRAB was that the business would not be appropriate or historically correct for this sensitive area, the Berry ville Canyon, and its role in the Third Battle of Winchester. Commissioner Gochenour stated that the McTiernan farm development will not be seen from Rt. 7 and thus, preserves the integrity of the Canyon. She said it was repeated many times thatthis section ofRt. 7, known asthe Berryville Canyon, should remain green, perhI pseveninterpretive signs in park settings. Sanitation Authority (SA) - 06/17/03 Mtg. Commissioner Fisher said the Engineer /Director of the SA, Mr. H. Wellington Jones, reported some interesting statistics on the County's five -year drought situation; with May's 5.8" of rainfall, this area is only 1/4" in deficit for the last five years. Pumping from the Stephens City quarries has just recently resumed; a draw -down test is in process whereby roughly three -mi I I ion g allons per day are being pumped from the North Quarry; it has only dropped 1 1/2 feet. The south and middle quarries have continued to rise. The Cover test wells have been completed; a 96 -hour draw down will be done on one of the test wells and then it will be capped. LJ Frederick County Planning Commission Draft Minutes of June 18, 2003 Page 1089 ® PUBLIC HEARING Rezoning 403 -03 of W W W, L.C., submitted by G. W. Clifford & Associates, Inc., to rezone 70.9065 acres from RA (Rural Areas) to B2 (Business General). This property is located north and adjacent to Route 50 West (Northwestern Pike), approximately 1,700 feet west of the Route 50/Rbute 37 interchange, and is identified with Property Identification Numbers 52 -A -B and 53 -A -79 in the Gainesboro Magisterial District. Action - Recommended Approval with Stipulations Commissioner Light stated that he would be abstaining from all discussion and voting on this rezoning, due to a possible conflict of interest. Senior Planner Abbe S. Kennedy presented the background information, agency review comments, and Planning Staff review of the proposed rezoning. Planner Kennedy stated that the Planning Staff acknowledges that the 132 Zoning District proposed through the application is fundamentally consistent with the provisions ofthe Comprehensive Policy Plan. She noted thatalthough the applicant's recently revised proffer statement, dated June 13, 2003, has not yet been reviewed by the County Attorney, it appears to address many ofthe staffs concerns regarding the transportation improvements, landscape design features, and on -site development. She also noted that current comments are not yet available from V DOT on the transportation plan, however, Mr. Lloyd Ingrain of VODT was available this evening to answer questions. Mr. Charles E. Maddox, Jr., P.E. of G. W. Clifford & Associates, Inc., the design and engineering firm representing W W W, L.C., the property owner, came forward and gave a short presentation of the rezoning proposal to the Commission. Numerous questions were raised by Commission members concerning the road plan and the timing ofroad construction and improvements. Those questions included the timing for the construction ofthe major collector road from the W W W site to the Winchester Medical Center(W MC) site; who was responsible forthe relocation and timing for construction ofthe relocated Rt. 803 and crossover; the availability of specific numbers on trip generation and traffic flow for the site and the resulting impact on the W MC site; and, field access for the adjoining agricultural property. Commissioners wanted assurance that tlie design standards of the W W W site would be contiguous with the W MC site, so the corridor appearance will be consistent along Rt. 50; and, they also wanted assurance that the appointed architectural review committee would control, through covenants and restrictions, building design standards. Commission members requested that the applicant be prepared to discuss the possible impacts of the storm water management plan on the adjoining property to the east at the master plan stage. Mr. Maddox proceeded to address all ofthe Commission's concerns, as follows: the proffer indicates the major collector road will be constructed as a part of the development of the WW W project; however, the phasing will be determined at the master plan level; the 2,900' of road construction proposed for the W W W site includes the entire distance between Rt. 50 and the proposed major collector road on the WMC's property and will allow for a contiguous road system; only three entrances onto Rt. 50 have been proffered; the road layout is compatible with the owner ofthe adjoining agricultural property and field access to accommodate the property's agricultural use will be supplied; the rear access to Echo Lane will remain. Regarding the relocated Rt. 803 and crossover, he said the road improvements on the south side of Rt. 50 C Frederick County Planning Commission Draft Minutes of June 18, 2003 Page 1090 -4- traverse VDOT property and would possibly be pan of arevenue- sharing project; therefore, no road • improvements on the south side of Rt. 50 have been proffered. All roads will be state - maintained except for the commercial access road; however, the commercial access road will be constructed to state standards. Regarding building design standards, the applicant's representative acknowledged that the design standards for the W WW project will be considered cohesively with those of the WMC project. Specific verbiage concerning architecture, colors, and signs will be established at the MDP stage. Chairman DeHaven called for public continents and the following citizens came forward to speak in opposition: Mr. Kevin Kennedy, a resident ofthe Gainesboro District, spoke in opposition to the rezoning because he valued the rural nature of the Gainesboro/ Rt. 50 area and he was concerned about the precedent for further development in this area of the County. Mr. Kennedy also had concerns regarding the increased traffic. Mr. William (Bill) Shepherd, a resident of the Gainesboro District, was opposed to the rezoning based on quality of life issues. Mrs. Pam Kennedy, a resident of the Gainesboro District, was opposed to the rezoning because of concerns regarding increased traffic on Rt. 50, the precedent for future commercial strips along Rt. 50, the V, degradation of the viewshed by a watertower, and the inadequacy of the proposed buffer along Rt. 50 to mask the development. There being no other persons wishing to speak, Chairman DeHaven closed the public comment portion of the meeting. Commissioners believed the project would be a valuable economic addition to Frederick County. They commended the developers and landowners of both this property and the WMC site for working together to create a cohesive project area; they al so commented thatth is site, on the west side oftown, was well suited because the north /south roads could accommodate the additional traffic. Upon motion made by Commissioner Kriz and seconded by Coin missioner Morris BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning #03 -03 of W WW, L.C., submitted by G. W. Clifford & Associates, Inc., to rezone 70.9065 acres from RA (Rural Areas) to B2 (Business General) contingent on the satisfactory review by VDOT and the County Attorney of the proffers and the transportation plan, respectively. The vote was as follows: YES (TO APPROVE) Rosenberry, Fisher, Kriz. Ours, Thomas, DeHaven, Morris, Unger. Watt NO: Gochenour, Straub ABSTAIN Light (Please Note: Commissioner Triplett was absent from the meeting.) • Frederick County Planning Commission Draft Minutes of June 18, 2003 1 Page 1091 -5- PUBLIC MEETING Subdivision waiver request of Deborah Ostertag for an exception to the Frederick County Subdivision Ordinance, § 144-3 1C(3), which requires a 50'(fifty foot) minimum width for a private, shared driveway. The property is identified with Property Identification Numbers 31 -A -40 and 31 -A -41 in the Gainesboro Magisterial District. Action - Recommended Denial Zoning and Subdivision Administrator, Patrick T. Davenport, stated that Deborah and John Ostertag are requesting a waiverofa subdivision ordinance requirement which requiresthatthe minimum width for private, shared driveway shall be 50 feet in width; this width must be established along the existing right - of -way out to the nearest state road, which, in this case, is Ronner Lane (Rt. 746). Administrator Davenport said the Ostertags are proposing to subdivide one tractof 5.13 acres and a second tract of 6.97 acres into three family lots with a6.0-acre remainder. The subject property is served by a private right -of -way, Peacefield Lane, which is 20 feet in width; Peacefield Lane extends approximately 0.32 mile where it intersects with Ronner Lane. Administrator Davenport said the Ostertags were unsuccessful in their attempt to obtain the necessary right -of -way width from the adjoining property owners. He said that in accordance with the subdivision ordinance, the Ostertags are requesting a waiver wh ich would enable them to subdivide the property utilizing the existing 20 -foot right -of -way. Theapplicants' representative, Mr. H. Bruce Edens, Land Surveyor, explained that the intent was to first complete a consolidation, followed by a subdivision. Mr. Edens said that four lots would be created from the existing two lots, using the rural preservation component of the ordinance. Chairman DeHaven called for public comments and the following persons came forward to speak in opposition to the requested waiver. Mr. Todd H. Evelin came forward and stated that since he was the largest landowner with right -of -way, he was asked to represent the community in this waiver request. Mr. Evelin presented some photographs and a petition of opposition from residents along Peacefield Lane and Chickadee Lane. Stated reasons for opposition included: the inadequacy of the road to accommodate construction traffic or increased residential traffic; maintenance of the right -of -way; inability of property owners to provide additional right -of- way because of the location of existing dwellings and septic fields; lack of compensation for land given up; snow removal problems, bus stop problems, and inability to turn- around; the disruption of the quality of life; and concern for precedent- setting for more subdivision. Ms. Linda Yonteff, a resident on Chickadee Lane, was concerned about the possible degeneration ofthewater supply and traffic noise caused by additional development in the area. Shewasalso concerned about the displacement of wildlife. Frederick County Planning Commission Draft Minutes of June 18, 2003 1 Page 1092 -6- • Ms. Sarah Andrews came forward on behalf of the Evelyn M. Cunningham family. Ms. Andrews reiterated the concerns raised by Mr. Todd H. Evelin. No one else wished to speak and Chairman DeHaven closed the public comment portion of the neeting. Commissioner Straub said thatshe would notbe voting on this waiver request due to a possible conflict of interest. i Some uncertainty was expressed by Commission members regarding the recipients of the lots for the proposed family subdivision. There was also concern regarding the condition ofthe road. Although Commissioners believed the family division option was an important component of the ordinance, concern was expressed that the process of creating deeds of consolidation and re- subdivisions seemed to be an attempt to circumvent the intent of the ordinance. Upon motion made Commissioner Kriz and seconded by Commissioner Thomas, • n U BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend denial of the subdivision waiver request of Deborah Ostertag for an exception to the Frederick County Subdivision Ordinance, § 144 -31 C(3), which requires a 50' (fifty foot) minimum widthifor a private, shared driveway. (Please note: Commissioner Straub abstained from voting; Commissioner Triplett was absent from the meeting.) Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Planning Commission unanimously recommended that the petition ofopposition submitted by M Todd H. Evelin, on behalf of the residents along Peacefield Lane and Chickadee Lane, be made a part of the official record. OTHER Deputy Planning Director Christopher M. Mohn announced that there were no pending applications or items for the Commission's July 2, 2003 meeting. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Planning Commission unanimously agreed to officially cancel their July 2, 2003 meeting. Frederick County Planning Commission Draft Minutes of June 18, 2003 Page 1093 -7- ® ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:40 p.m. by a unanimous vote. Respectf y submitted, i Eri ence, Secretary, t 1 Cm Charles S. DeHaven, Jr., r ® Frederick County Planning Commission Draft Minutes of June 18, 2003 Page 1094