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PC_08-06-03_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 August 6, 2003. PRESENT: Charles S. DeHaven, Jr., ChairmaniStonewall 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. Ours, Opequon District; William C. Rosenberry, Shawnee District; Gene E. Fisher, Citizen at Large; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District: Robert A. Morris, Shawnee District Richard Shickle, Board of Supervisors Liaison: Vincent DiBenedetlo, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Cordell Watt, Back Creek District; I STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe S. Kennedy, Senior Planer; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. • ----- - - - - -- CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ADOPTION OF AGENDA - AUGUST 6.2003 Chairman DeHaven announced that Item #7 under Tab E, Master Development Plan #06 -03 for Dogwood Landing. submitted by G. W. Clifford & Associates, Inc., was not properly advertised and, therefore, will not be discussed at this evening's meeting. MEETING MINUTES- JUNE 18, 2003 Upon motion made by Coin inissioner Kriz and seconded by Commissione the minutes ofJLine 18. 2003 were unanimously approved as presented. • Frederick Countv Plannina Commission _ Minutes of August 6, 2003 Page 1115 COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/24/03 Mtg. Commissioner Thomas reported that the DRRS continued their discussions on hog farm regulations and pipe stein lots. He said that additional information on these two subjects will be broughtto the Planning Commission in the near future. Historic Resources Advisory Board (HRAB) - No Meeting Commissioner Gochenour stated that since the HRAB members have repeatedly made the request for monthly meetings and a longer time frame to review applications, she requested that Chairman DeHaven look into the matter. Economic Development Commission (EDC) - 08/1/03 Mtg. Commissioner Thomas reported that the EDC discussed Annandale Millwork & Allied Systems with Frederick County and, also, the third quarter project list for July through Sel ptember, 2003. CITIZEN COMMENTS Mr. Robert (Bob) Stiff, a resident at 104 Stirrup Cup Circle in Saratoga Meadows, came forward to talk about concerns he had with the pending development of an adjacent B2 -zoned lot, located at the corner of Senseny and Greenwood Roads, owned by Hazel Lambert. (A proposed car wash for this property had drawn significantconcerns from the residents ofthe adjacent Saratoga Meadows subdivision and a variance request forthe elimination of the 50 -foot buffer along the entire west property line was subsequently withdrawnbytheapplicantonA ugust4 ,2003.) Mr. Stiff explained that at the onset ofthe he believed he could live with the B2 Zoning, with the understanding that the use was going to be an office building or another compatible use. He said the neighborhood residents did not want to have a car wash or a fiIIing station on this property: he said that a 24 -11our, seven day - per -week operation was not acceptable in their residential neighborhood. Mr. Stiff remarked that the 50 -foot buffer requirement agreed to at the time the property was rezoning to B2, which would force the developerto construct an appropriate building forthe size of the lot, was asked to be waived. Although this waiver request has since been withdrawn, Mr. Stiff was concerned the buffer issue Would come up again with some other objectionable use. Mr. Stiff explained that Frederick County Planning Commission Minutes of August 6, 2003 Page 1116 the h igh- volume, high - velocity blowers on the new "spotless" car washes are extremely loud;I he was offended that the site plan showed the car wash directly next to his swimming pool, his home, and hi's backyard because it would impair his quality.of life. Along with that, he mentioned other issues, such as security, vandalism, traffic, water pressure, air pollution, trash, and affect on property values. Mr. Stiff was concerned and frustrated about who would stand up for him and the other residents concerningtheir views on compatible B2 uses and secondly, who would keep them informed about subsequent proposals. He mentioned that several other neighborhood residents were present this evening. I Mr. Cliff Weller, also a resident of Saratoga Meadows, expressed concern that nothing could be done about the construction of a car wash on the subject property; he said he believed everyone, including 'the Planning Staff, had assumed this lot would be developed with an office building or small strip mall. Mr. Weller also had comments about the amount of noise generated by the new "spotless" car washes; he said it's much louder than the Peterson scar washes on Valley Avenue or on Loudon 11 Street. Mr. Weller said there is an identical car wash to the one proposed near Berkeley Springs, West Virginia. He said several of the neighborhood residents visited the site, which is located in a commercial area and on a major highway. He remarked that this type of use will destroy property values and ruin the character of their neighborhood. Mr. Weller added that the neighborhood residents are willing to transport both the Planning Commission and the Board of Supervisors to Berkeley Springs to observe the car wash and then to Mr. Robert Stiff's home in Saratoga Meadows. Chairman DeHaven thanked Mr. Stiff and Mr. Weller for their comments and he acknowledged that numerous letters were received from the residents, however, phone numbers were not included to enable a response. Chairman DeHaven offered Mr. Stiff the opportunity to give him a call to discuss the process. PUBLIC HEARING Rezoning Application #07 -03 of North Stephenson, Inc., submitted by Greenway Engineering, Inc., to rezone 6.10 acres of a 37.92 -acre parent tract from RA (Rural Areas) to 133 (Industrial Transition) District. This property is located along Redbud Road (Rt. 661) and is identified with 43 -A -152 in the Stonewall Magisterial District. Action - Recommended Denial Planner Abbe S. Kennedy stated that the intended use of the property is to accommodate a Highway Motors facility, which is planned to be s im i Jar to the company's ex isti jig Roanoke, V i rgin is operation, and would involve the sale and leasing of trucks, truck part sales, and truck repair. She said truck stops and the sale ofdiesel fuel and gasoline have been excluded from this proposed development by proffer; however, the use of highway motors is not proffered as the only possible B3 use forthe property. She noted thatthe site is within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Planner Kennedy acknowledged that the B3 Zoning District proposed through this application wac fundamentally consistent with the land use policies ofthe Comprehensive Policy Plan, however, she noted that the Planning Staff had concerns with the transportation impact at the intersection of Redbud Road and • Frederick County Planning Commission Minutes of August 6, 2003 Page 1117 i -4- Martinsburg Pike and the lack of specificity concerning the future connection to the planned collector road. • In particular, she pointed out that the proffer of access provisions to the 6.10 -acre portion of the site, to allow for traffic to access Martinsburg Pike at the new collector road intersection, does not include any provisions for right -of -way dedication orconstnrction ofthe connecting road. In addition. she noted that if approved, the request will result in a split -zoned parcel. Planner Kennedy said it would be preferable to consider the rezoning of the entire parcel in order to provide more comprehensive development program forth is critical site within the rapidly evolving Route I I corridor. Planner Kennedy continued, detail ing the following concerns raised by the Planning Staffas follows: 1) Screening - the proposed configuration of the 6.10 -acre tract eliminates the requirement for a Category C Buffer, which is typically required between B3 and RP residential properties; should this facility operate as a 24 -hour business, adjoining residential properties could be significantly impacted by lights, signage, truck repair, noise, or air pollution; 2) Transportation - the intersection at Martinsburg Pike and Redbud Road has already exceeded capacity with an existing Level of Service (LOS) F. The applicant has proffered a signalization agreement with V DOT forthe provision oftraffic signalization at the intersection of Rt. 1 1 and the new collector road near Rutherford's Farm or at the intersection of Martinsburg Pike and Redbud Road, whichever is warranted first by V DO'f; VDOT has commented that the signalization agreement is in the amount of $18.000.00; no additional County funding has been included in the Secondary Road Improvement Plan to accommodate this signalization. Planner Kennedy pointed out that neither a provision for right- of-way dedication, nor the construction of the internal connecting road that will connect this site to the major collector Load coining from proposed Stephenson V i Ilage has been addressed by the applicant. She added that there is no assurance as to who will pay for construction of the internal connector road that would be built once the Rt. 1 I/ Redbud Road intersection is severed. She further added that access to Rt. I 1 from this future major collector road will align with the entrance to Rutherford's Farm and this major collectonvill • be a necessity to the county -wide transportation system at the time the Redbud road connection to Martinsburg Pike is severed. Chairman Del -laver called for any questions from the Commission for the staff. Commissioner GOChenonr expressed heropin ion that not enough research has been done on the historic aspect ofthe Seven Oaks structure. She believed the Seven Oaks historic structure should besaved and protected with bufferingandscreening. Planner Kennedy replied that when the future 1-8 1 improvements occur, widening and ramp construction will more than likely impact the Seven Oaks structure. Plannin Director Lawrence commented thatthe Seven Oaks structure is notphysically located on the 6.10 -acre portion under consideration for rezoning. Commissioner Gochenour also expressed her concern for the impacts associated with water and sewer. CommissionerGochenour stated that it has not be shown, to her satisfaction, that Frederick County has a sustainable water source to supply the development of this property. Chairman DeHaven next called for the applicant to make their presentation. Mr. Evan A. Wyattwith Greenway Engineering, Inc., thedesign /engineering firm representing the applicant, came forward to present the proposed rezoning to the Commission. Mr. Wyatt stated that the applicant is aware of the need for right -of -way dedication along the front of the 6.10 -acre parcel. He recognized that while there would be access via Redbud Road (Rt. 661) in the short term, that access point would not be available long term. Asa result, they wanted make sure they could accommodate access for the • Frederick County Planning Commission Minutes of August 6, 2003 ' Page 1118 - 5 - 6.10 -acre parcel over to the County's major col lector road at the appropriate time; he said their long -range plan is for a major collector road to traverse their property and to align with the intersection at Rutherford's Farm htd'ustrial Park. To eliminate any question on who would pay for the construction of the road, Mr. Wyatt proposed re- writing the proffer to specifically state, "_.the appl icants do hereby proffer to provide a 50' right - of -way through their property and construct a road to provide access from the 6.10 acres to future major collector..." Mr. Wyatt noted that in working with V DOT on the pro -rata share requirement for the regional impact on this area, it was agreed that sienalization for the intersection of 1 -81 and Marlins �urg Pike (Rt. 1 1) would be appropriate. Regarding buffering and screening issues, Mr. Wyatt explained that the properties in the front will need adequate depth if they are eventually goingto be developed into B2 commercial lots; sincethey will be losing frontage for the road, they wanted to make sure they had adequate depth, about 275 -300 feet, which is why the 133 line for this property was drawn where it is. Mr. Wyatt stated that the Omps family owns five ofthe seven residential tracts; these are rental properties. He said that in the interim, until these properties are ultimatelytransitioned outofresidential and into commercial, they have proffered evergreen plantings along the rear property I ines of al I of tile residential properties. He noted that since the 6.10 -acre piece is in relatively close proximity to the first residential property, they have proposed a double row of evergreen plantings, not only along the rear property line, but along the side property as well. He added that none of the Highway Motors Facilities operate 24 -11ours a day, however, the adjoining Omps trucking facility to the east operates 24 -hours per day Mr. Wyatt Continued, statingthat Mr. Omps, the property owner, commissioned Engineering Consulting Services (ECS), the same group that worked at the Rutherford's site, to conduot a geo- technical analysis to satisfy any concerns regarding karst topography; he said the results of the geo - technical analysis would be dealt with at the site plan stage, which was satisfactory to the County Engineer. Mr. Wyatt pointed out that additional proffers worth mention ing were the limitation on structural size; the requireIment for the front of the buiIdingtc face 1- 81; Ian dscapina screen i it- along the property; anda monetary contri �ution for fire and rescue services. Chairman DeHaven next called for commissioners' questions for the applicant. Coin missionerOursquestionedtheappIicant 's intenton submitting a request for a split -zoned parcel when the Commission's preference has been to examine the "big picture" by considering plans for the entire parcel and the uses that may develop. Commissioner Ours was concerned that the proposed use may not be compatible with the future uses on the remainder of the property. Mr. Wyatt responded that an economic development opportunity had arisen with the Highway Motors facility and secondly, revenues used from the sale of the 6.10 -acre property could be used for consultant work on the remainder of the site. Commissioner Light believed a CategoryC Bufferon the property behind the residential uses, such as a double tree line and berm, would be best for this area. He also believed that a buffer of some type on the easternmost side of this subject parcel would be appropriate because the future use to the east was unknown. He further suggested, in order to create safe intersection, that signalization be installed when the chznge over occurs from using Redbud Road to 1 -81, not after the 81 improvements begin because no one knows when that will be. Commissioner Light expressed concern that the applicant had made nomentionof any turn lane improvements on Redbud Road, especially with the proposed tractor- trailer traffic. In addition, he questioned the applicant maximizing their contribution to the signalization at $18,000.00; he said the improvements associated with the Rutherford rezoning are already in place. Commissioner Light stated that Frederick County Planning Commission Minutes of August 6, 2003 Page 1119 I if no one has accepted responsibility for the intersection of Redbud Road and this is the development that is taking place, it would seem that North Stephenson, Inc. should accept full responsibility for the light per VDOT's comments at Redbud Road. He added thatNorth Stephenson should construct their connector road when the Rutherford Farm property begins to develop. 'r Commissioner Ungerasked for clarification on whythe proposed rezoninglmewasdrawn 50' away from the property line on the northeast side and why it wasn'tjust extended to the property line. Mr. Wyatt reiterated his contention that no buffer was required: he said that if the proposed rezoning line was extended to the property line, the 6.10 acres would be adjoining an RA -zoned property with a truck stop use. He said that there was no buffer requirement. Mr. Wyatt said that regarding the seven RR lots fronting on Route I I, there would be only one southwestern corner point the would be touched. He saidithe rear property lines of the residential lots and the rear lot of the proposed rezoning do notjoin. Commissioner Light said that he wasn't confused on whether the Category C Buffer was requiredornot. Commissioner Light said that at the point where the residential property I ines are located, lie would prefer to see a Category C Buffer. It was Commissioner Gochenour's opin ion thatthe commercial and industrial uses outweighed the historic preservation uses in this area; she said the Comprehensive Policy Plan calls for a balance of these uses in this corridor. Commissioner Gochenour believed the rural character ofthe area was being destroyed and she questioned whether the proposed use was the best use of this property. She added that she would like to see the results of the engineering consultant's tests for karst topography. Commissioner Fisher also inquired about the applicant's reasoning for leaving the 50 -foot space at the north side ofthe property out of the rezoning; he asked if there was any consideration for access at that point. Mr. Wyatt replied that the client wanted to be in the six -acre range, facin 1. Mr. Wyatt added that in the longterm, the Commission can expeetto see B2 in the front and then a B3 transition into M 1. Chairman DeHaven asked Mr. Wyatt for clarification on his proposal to amend the proffer statement. The proposal was as follows: B.) Transportation, l .) Access, b.) The applicants do hereby proffer to provide a 50 -foot right -of -way and pay for the construction of the roadway to V DOT standards to make the "connection; and, C.) Site Development, 2.) Landscape Screening, ...to keep the single row of evergreens along the residential property, but, in particular, with the closest residential property, la double row of evergreens will be provided, notonlyalongthe rear line, butalong the side property lineclosestto 1 -81 as well. Comm i ssioner U nger inq u i red if the appl icant had offered to construct areas for tractor trailers to move off the main road when entering the project site. Mr. Wyatt said that if the rezoning is approved, the site plan will need to show commercial entrances with turn lanes per VDOT requirements. Chairman DeHaven next called for V DOT representative, Mr. Lloyd Ingra , to approach the podium to answer questions from the Commission. Commissioner Rosenberry noted that staff comments indicated the existing conditions at the intersection of Martinsburg Pike and Redbud Road were at a LOS F and the applicant responded that if signalization was installed, the situation would be relieved. Commissioner Rosenberry asked Mr. Ingram if he agreed with thatassessment. Mr. Ingram stated that once the signal ization is installed at tile Rutherford's site and taking into account the traffic counts supplied by Highway Motors, it seemed reasonable to assume Frederick County Planning Commission Minutes of August 6, 2003 Page 1120 7- there would be an impressionable difference after the series of signals were installed. Commissioner Fisher inquired aboutthe impact of the heavy truck traffic on the durability of Redbud Road. Mr. Ingram said that the bulk of the proposed use is new truck sales or trucks coming in for repair, so they will not be fully loaded tractor trailers. He said the road structure should hold up to the anticipated traffic. Chairman DeHaven next cal led for pub lie comments and the following person came forward to speak: Mr. John Hutchinson, representingthe Shenandoah Valley Battlefields Foundation (SVBF), stated that the Second and'I - h i rd Winchester Battlefields are located about 1/4 mile down Redbud Road from land the SVBF currently owns, just east of the railroad tracks on Redbud Run. He said the property owned by S V BF is in the core area ofthe Third Winchester Battlefield; the property proposed for rezoning is located in the study area, which is in the secondary preservation area designated by Frederick County in its Third Winchester Battlefield Preservation Plan, adopted bythe Board ofSupervisorsin 1999. Mr.TlUtchinsonread a statement from the Preservation Plan concerning protection ofviewshed. Mr. Hutchinson said the SVBF encourages the County to require that views from Redbud Road and 'from core areas of thelbattlefield to the east, which are higher in elevation, be protected with screening and the careful siting of buildings, parking, lighting, and signs on the property being rezoned. He said that the SVBF would also like to note that since the application being considered is only apart of the larger 38 -acre property, it will set the tone for the large area that will be developed and could have substantial impact on the County's historic resources. Upon Chairman DeHaven's request Mr. Hutchinson pointed out on a map the location of the portions of the battlefields that the SVBF has designated as worthy to preserve. Mr. Hutchinson said that SVBF is working with interested • landowners on areas south of Redbud Road, all the way down to Woodsmill Road, and the area north of the property along Milburne Road. i Commissioner Light believed this property would eventually develop, how ever, he did have concerns with the existing proffers, particularly those dealing with traffic and safety; he believed conditions could be made safer for everyone, including the Omps property. He added that the LOS F interchanges and the fact that improvements are coming needs to be considered. Commissioner Light next moved for denial of the rezonin ,asit was presegred. This motion was seconded by Commissioner Straub. The motion of denial was passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Rezoning Application 407-03 ofNorth Stephenson, Inc., submitted by Greenway Engineering, Inc., to rezone 6.10 acres of a 37.92 -acre parent tract from RA (Rural Areas) to B3 (Industrial Transition) District by the following majority vote: YES (TO DENY) Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour, Straub NO: Rosenberry, Triplett, Kriz, DeHaven (Please Note: Commissioner Watt was absent from the meeting.) • Frederick County Planning Commission Minutes of August 6, 2003 Page 1121 8- ' Conditional Use Permit #07 -03 of Eugene Cooper for a Cottage Occupation /Counter Top Shop. This property is located at 207 Herman Lewis Lane and is identified with P.I.N. 52 -A -35C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that theapplicant is proposinga custom countertop business and has plans to construct an accessory structure to use as a workshop; no specialized equipment orchenticals will be utilized. Planner Ragsdale reported that there will be no employees associated with the business and the applicant does not intend to have customers to the property. She said there were no disapproving agency review comments. Planner Ragsdale read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. Eugene D. Cooper, the applicant and property owner, was available to answer questions front the Commission. Mr. Cooper explained that he will be fabricating the counter tops on site and then tr all sport ing the prod net to11 iscustonters. Mr. Cooper said that his hours of operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday. Chairman DeFlaven called for public comments, however, no one carte forward to speak. Based on the limited scale of the applicant's proposed cottage occupation, the Planning Commission believed the use would nothave negative impacts on adjoining properties or detract from the rural character of the neighborhood. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, I BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #07 -0j of Eugene W. Cooper for a Cottage Occupation/ Counter Top Shop at 207 Herman Lewis Lane with the following conditions: I. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. i 3. No retail sales of merchandise shall be permitted. 4. No employees shall be permitted other than members of the household. 5. No business signs shall be permitted. 6. An inspection and approval by the Fire Marshall is required prior to the establishment of the counter top business in the proposed building. (Please note: Commissioner Watt was absent from the meeting.) • Frederick County Planning Commission Minutes of August 6, 2003 Page 1122 r1 LJ Conditional Use Permit #08-03 of Laine Sidell Everhart fora daycare facility. This property is located at 104 Appomattox Drive and is identified with P.I.N. 753 -6 -11 -215 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that the proposed daycare facility will be conducted in the principal structure, which is a residence served by public sewer and water. In addition t6 the background information and review agency comments, Planner Ragsdale stated that the applicant will employ only one assistant and does not wish to have a business sign. Planner Ragsdale read a list ofconditions forapproval, should the Commission find the use to be appropriate. Mr. John Sidell, the applicants father, stated thatthe daycare will be in operation from 7:00 a. in. to 4:3Op. in., Monday through Friday, except holidays. He said that licensing from the State Department of Social Services has been approved and becomes effective August 1, 2003. In response to a question from the Commission, Mr. Sidell said there are no planned changes to the structure or property to accommodate the daycare; he noted that the rear portion of the property is fenced. Chairman DeHaven called for public comments, however, no one came forward to speak. Given the conditions and the characteristics of the subject parcel, the Planning Commission believed the proposed use would have minimal impact on the surrounding community. Upon motion made by Commissioner Ours and seconded by Commissio Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanintoul Iv recommended approval of Conditional Use Perm it #08 -03 of Laine Sidell Everhart for a daycare facility at 104 Appomattox Drive with the following conditions: I. All review agency requirements shall be complied with at all times. i 2. Any expansion or change of use shall require a new conditional use permit. 3. Only one employee shall be permitted other than members of die household. 4. No business sign(s) shall be permitted. 5. The number of non - resident children allowed at this day care facility shall total nonorethaneight(8). 6. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. (Please note: Commissioner Watt was absent from the meeting.) Frederick County Planning Commission Minutes of August 6, 2003 Page 1123 t 1 ADJOURNMENT No further business remained to be discussed and the meeting adjourned'at 8:40 p.m. by a unanimous vote. Respectful)y submitted, Lawrence, Secretary es S. DeHaven, Jr., Chairs u Frederick County Planning Commission Minutes of August 6, 2003 Page''.1L24