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PC_09-03-03_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 September 3, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; John H. Light, Stonewall District; William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; and Charles E. Triplett, Gainesboro District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Gene E. Fisher, Citizen at Large; Richard C. Ours, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner II; and, Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JULY 16, 2003 AND AUGUST 6, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of July 16, 2003 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of August 6, 2003 were unanimously approved as presented. Frederick County Planning Commission Minutes of September 3, 2003 Page 1146 -2- • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 09/08/03 Mtg. Commissioner Light reported that the CPPS will be discussing the rural areas at their September 8, 2003 meeting. Transportation Committee - 09/02103 Mtg. Commissioner Kriz reported that the Transportation Committee recommended approval ofthe 2004 -2005 through 2009 -2010 Frederick County Secondary Road Improvement Plan which includes the major road improvement projects, the hard surface road improvement projects, and the incidental construction. Commissioner Kriz reported a new program that is now available entitled, the Rural Rustic Road Program, which provides for road paving with tar and chip at a cost which is considerably less than conventional paving. He said there are strict requirements that must be met; however, it would provide hard surfacing of roads in some areas at a lower cost. • Historic Resources Advisory Board (HRAB) I Commissioner Gochenour reported that the HRAB will meet on September 16, 2003. Additionally, Commissioner Gochenour announced that she will be representing Frederick County at the Preservation Alliance of Virginia Conference in Norfolk on September 21 through 23. Mr. Raymond C. Sandy, a resident at 145 Land Grant Lane in Stephens City, came forward to address the Commission regarding a public meeting item on the agenda, the master development plan for Dogwood Landing. Mr. Sandy stated that he was an adjoining property owner. He was opposed to the proposed master development plan for numerous reasons which he elaborated on, such as, the high density, the environmental impact to the lake and adjoining wooded areas of the park, the impact to schools, possible vandalism, the impact to park resources, and the questionable conduct of county officials and developers during this process. Dr. lames Dumont, a resident at 1074 Merrimans Lane, also came forward to address the Dogwood Landing master development plan. Dr. Dumont said he did not have any overall objections to the plan, although he recognized the inclusion of this property in the UDA, and the eventual extension of sewer and water to the area, will substantially increase the value of the property and consequentially, the applicant should provide, in return, the protection of Abrams Creek. He said that Abrams Creek and the surrounding wetlands Frederick County Planning Commission Minutes of September 3, 2003 Page 1147 -3- ® have been documented as an area of great ecological interest and importance to the community in general, especially since it traverses the town, the park, and the country club golf course. He added that Abrams Creek has been determined to be substantially impaired by the Virginia Department of Environmental Quality on two counts: it has an excessively high chloroform count and, secondly, there is a depletion in the amount and variety of aquatic life. He believed, therefore, it was the obligation of the County to protect the creek from further degradation. Dr. Dumont said that he has discussed this matter with a couple fresh -water ecologists and they believe what is required is the protection of all wetlands incorporated within the area under consideration and, furthermore, there should be a 30 -50 foot boundary area beyond the existing wetlands to protect them from further degradation. Given that, Dr. Dumont believed everyone could look forward to maintaining the stream in good quality for future generations. PUBLIC MEETING Master Development Plan 906 -03 of Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single- family detached small lots on 7.65 acres. The property is located adjacent and north of Fairfax Pike (Rt. 277),1,500 feet west of the intersection of Fairfax Pike (Rt. 277) and White Oak Road, adjacent and west of Sherando Park, and is identified with P.I.N.s 86 -A -141, 86 -A -142, and 86- A -142A in the Opequon Magisterial District. Action - Recommended Approval ® Planner Jeremy F. Camp provided the background information and review agency comments. Planner Camp stated that the acreage is currently divided into three parcels: two of the parcels are zoned RP, totaling 6.4 acres, and the eastern parcel consists of 1.25 acres and is zoned RA. He said the RA parcel is not proposed to be developed; instead, the applicant will be exchanging it with Sherando Park for the land comprising Landgrant Lane. He noted that following the land transfer, the applicant proposes to relocate Landgrant Lane so it intersects with the proposed access road, referred to as April Avenue. He also noted that April Avenue will be built to VDOT standards, but will be maintained as a private road. Planner Camp continued, stating that analysis of the master development plan did not reveal any significant problems, however, two areas of consideration recognized by the staff involved the cul-de -sac length waiver and the entrance. Regarding the cul-de -sac, Planner Camp said that since the proposed cul -de- sac will be privately maintained, the zoning ordinance restricts its length to 500'. He noted that the ordinance grants the Planning Commission the authority to grant a waiver to this requirement of up to 800' in length; the applicant for Dogwood Landing requests a cul-de -sac length of 800'. Regarding the entrance, Planner Camp stated that the proposed entrance meets all requirements of the zoning ordinance, however, the location of the entrance is contingent on the closure of Landgrant lane. He said that if Landgrant Lane cannot be closed by the applicant, the entrance to the property would have to be relocated towards the center of the parcel. Mr. Charles E. Maddox, Jr., P.E. of G. W. Clifford & Associates, Inc. came forward to represent Mr. Tinker Grove, the contract owner of the parcel. Mr. Maddox assured the Commission that neither of the two residents who currently utilize Landgrant Lane will lose their access. He stated that Mr. Sandy will be granted a deeded right-of-way to his property, which he would be responsible for maintaining. He also stated that they will be constructing a paved driveway to Mr. Sandy's property, as well as providing Frederick County Planning Commission Minutes of September 3, 2003 Page 1148 -4- • a residential separation buffer between the development and his property. Furthermore, Mr. Maddox noted that the trees planted for this buffer would be in addition to the screen commitment between the Parks Department and this development and the trees required by the zoning ordinance for residential developments. The primary concerns of the Planning Commission were in regards to the possible relocation of Landgrant Lane and the possible transfer of land between the County (Sherando Park) and the applicant. The Planning Staff asserted that the application stands on its own whether or not these possible elements occur or not. Planner Camp pointed out that regardless if Landgrant Lane is relocated or if the land swap takes place, the master development plan meets or exceeds the County's requirements. Mr. Maddox remarked that these elements were put on the plan in an effort to address agency comments, particularly those from the Department of Parks and Recreation. Several other concerns were also raised during the meeting. One concern dealt with the absence of the provision of a community center on the plan, however, Planner Camp pointed out that a community center is not required since the lot sizes are proposed to be 5,000 square feet, or larger. Planner Camp also noted that the developer will be required to spend the same amount of money on recreational facilities as any similar development throughout the County; however, the developer will be providing the money to the Department of Parks and Recreation for improvements that will occur within the park, instead of within the development. In addition, a ten -foot wide trail will connect the proposed development to the park so that future residents can easily access the facilities. Another concern focused on the compatibility of the proposed development with the surrounding area. Some comments were raised concerning possible problems with residences located so close to the park. There were other comments regarding the appropriateness of the proposed density, which is • somewhat higher than average for the immediate area; however, several commissioners po I inted out that the density could be significantly higher than proposed. There were no other citizen comments regarding the proposed master development plan, besides those given during the Citizen Continents portion of the meeting. The design of the proposed private road did not present a problem for the Commissioners. It was noted that the proposed roundabout provides access for emergency vehicles and road maintenance. Furthermore, although the proposed road will be privately maintained by the future homeowners association, the road will be constructed to VDOT design standards. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, the Commission recommended approval of the master development plan, including the requested waiver for the 800 -foot cul-de -sac length. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #06 -03 of Dogwood Landing, submitted by G. W. Clifford & Associates, Inc., for 25 single - family detached small lots on 7.65 acres, including a waiver of the zoning ordinance to allow a cul- de -sac length of 800', by the following majority vote: YES (TO APPROVE) Rosenberry, Triplett, Kriz, DeHaven, Light, Morris, Unger, Witt, NO: Straub, Gochenour, Thomas • (Please note: Commissioners Fisher and Ours were absent from the meeting.) Frederick County Planning Commission Minutes of September 3, 2003 Page 1149 5- DISCUSSION ITEMS Request for Extension of Sewer and Water Services, submitted by M. Willis White and others, to extend the Urban Development Area (UDA) by approximately 320 acres. This site includes six parcels of land currently zoned RA (Rural Areas) District. The subject site is located adjacent to and west of the City of Winchester, east of Route 37, and adjacent to and south of Merriman's Lane (Route 621). The proposed expansion area is connected to Cedar Creek Grade (Route 622) by one parcel. The subject properties are identified by Property Identification Numbers 53 -A -91, 63 -A -2A, 53 -A -92, 53- A -92A, 53 -A -92B and 53 -A -90 in the Shawnee Magisterial District. No Action Required Senior Planner Abbe S. Kennedy stated that staff has received a request from the owners of Willow Grove, LC, 740 LLC, 750 LLC, 227 Orchard Lane, and Kenneth F. Marshall, owner of Pembroke Cove Properties, LLC to consider a request to expand the Urban Development Area (UDA) to include approximately 320 acres currently zoned RA (Rural Areas). Planner Kennedy stated that the six subject parcels are not under common ownership, however, all of the property owners have consented to collective representation. She said these property owners contend that their land is better suited for suburban development enabled by inclusion within the UDA as opposed to remaining in agricultural land use. • Planner Kennedey continued, stating that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request at their meeting on July 14, 2003 and was generally supportive in concept to the proposal of the UDA expansion request. She said that infrastructure concerns regarding water and sewer service, as well as transportation, were expressed. In addition, she said that consi� eration of a land use study for the area west of the city and east of Rt. 37 was addressed. Mr. Willis White, one of the property owners, stated that these properties are no longer viable for agricultural land use and are presently surrounded by residential development, both within the City of Winchester and Frederick County. Mr. White spoke about the four goals the property owners had: 1) to maintain a place to live for themselves and their children; 2) to preserve the existing old homes on the property, which are currently occupied; 3) to provide some influence on what develops around them;I d 4) to protect the lake and wetlands. Concern was expressed by a couple of the commissioners regarding the inclusion of such a large amount of land into the UDA because of the number of existing lots available for development currently within the UDA. Other commissioners believed this area was a logical location for UDA -style development, due to the surrounding development within the City of Winchester and its location inside Route 37. Consideration of this area as a transitional zone, utilizing one to two -acre lot sizes, was suggested as a way of making the development more compatible with the adjacent low density, up -scale area. The idea of placing only a portion of the proposed acreage into the UDA, and not all of it, was also raised. Concerns regarding the site's infrastructure, particularly transportation issues and the availability of sewer and water prevailed, however, and the need for a land use study for the area east of Route 37 was suggested. Also suggested was the possibility of postponing the request until the CPPS completed its • Frederick County Planning Commission Minutes of September 3, 2003 Page 1150 lE • Rural Areas Policy Study, which would take into consideration densities in rural areas. Other developmental concerns raised were the impacts to schools; impacts to and preservation of environmental features, such as the wetlands and flood plains; impacts to the taxpayers; and precedent setting for future UDA expansion requests. i Chairman DeHaven called for public comments and the following persons' came forward to address the Commission: An adjoining property owner, Mr. Jeffrey (Jeff) Solenberger, was interested in knowing what his future land use options were for his adjoining 198 -acre tract. Mr. Donald (Don) Mallott, a resident at 828 Merrimans Lane, inquired if there would be an on -ramp at the end of Jubal Early Drive onto Rt. 37 because he was concerned about the proximity of commercial development to residential. No action was formally taken by the Commission as this was considered a discussion item. The Planning Staff stated that the Commissions comment would be forwarded to the Board of Supervisors dor their discussion of this item. (Commissioners Ours and Fisher were absent from the meeting.) • Proposed Northeast Land Use Plan (NELUP) Amendment to Relocate a Planned Major Collector Road and to Propose Business Land Use in the Vicinity of the Intersection of Route 11 and Rest Church Road. This request has been submitted by G.W. Clifford & Associates, Inc., on behalf of (property owner George Sempeles to facilitate preparation of a business and industrial development proposal for approximately 104 acres. The property is identified by Property Identification Numbers 34 -A -2 and 34- A-4 and are located in the Stonewall Magisterial District. No Action Required Commissioner Light said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Senior Planner Abbe S. Kennedy reported that staffhas received a request from G. W. Clifford & Associates, Inc. on behalf of George Sempeles to consider a request for an amendment to the Northeast Land Use Plan which would relocate a planned collector road, in the vicinity of the intersection of Rt. 11 and Rest Church Road, and to allow for a business land use designation in a portion of the subject location. Planner Kennedy stated that the amendment is requested in order to facilitate a business and industrial development proposal for approximately 104 acres to be rezoned from RA (Rural Areas) to M 1 (Light Industrial) and B2 (Business General). Planner Kennedy continued, stating that a preliminary rezoning proposal was submitted to staff in April of 2003, at which time VDOT was not satisfied with the planned transportation improvements. She said the principal issue involved the short distance between the I -81 northbound on/off ramps and the Rt. 1 I intersection, which would result in a deficiency for truck stacking. Planner Kennedy stated that VDOT has r� U Frederick County Planning Commission Minutes of September 3, 2003 Page 1 151 -7- ® recommended that truck traffic entering the Sempeles site turn right on Rt. 11, left on Woodbine, and enter the site from Woodbine Road, effectively transforming Woodbine Road into a collector road. In an effort to address these concerns, she said the applicant's request suggests that Woodbine Road be identified as the planned collector road and that the collector road currently shown bisecting the Sempeles property be deleted from the plan. In addition, Planner Kennedy stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meetings in June and July, 2003. She said that at the June meeting, committee members requested discussion and direct input from a VDOT representative regarding this issue, prior to forwarding any recommendation to the Planning Commission. She noted that on July 14, 2003, Mr. Lloyd Ingram, Traffic Engineer with VDOT, commented that the proposed relocation utilizing Woodbine Road was the best solution available at this time to accommodate truck stacking length. In conclusion, Planner Kennedy stated that the CPPS voted to recommend the request for relocation of the major collector road. During their discussion ofthe proposed relocation ofthe planned major collector road, the Planning Commission raised concerns regarding truck stacking on Route I 1 that would probably occur as a result of this proposal. Concerns regarding the traffic counts noted in the Traffic Impact Analysis (TIA) information provided by PHR &A were expressed by one commissioner. Mr. Charles E. Maddox, Jr., P.E., of G. W. Clifford & Associates, Inc.! representing the property owner, Mr. George Sempeles, stated that the actual average daily trips for the pending Sempeles industrial rezoning request would be less than that shown, and that the TIA would be updated for the is rezoning request, if the amendment to the NELUP was approved. Mr. Maddox believed there was the potential for a very large investment in the County with a reasonable amount of traffic load. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. David Darsey observed that this was all a solution to the interchange at Rest Church Road, by moving the entrance to the south, however, he was concerned about the traffic impiacts to the south, in Clearbrook and believed those should be considered. Mr. Chris Daniels, an adjoining property owner, spoke in support of the planned major collector road relocation, stating that he opposed the existing location of the planned road which runs through his property. A citizen asked the Planning Commission if they were aware of the expansion of a residential housing development occurring in Berkeley County, in close proximity to the Virginia line, which would be utilizing I -81 exit 323. The discussion concluded that re- routing truck traffic to turn right on Route 11 and then left on Woodbine Road, as suggested by VDOT, was an acceptable alternative to the existing planned major collector road location. The Commission also believed that business land use along that portion of the Sempeles site fronting Route 11 would be appropriate. • Frederick County Planning Commission Minutes of September 3, 2003 Page 1152 • No action was formally taken by the Commission. The Planning Staff stated that all the Commission's comments would be forwarded to the Board of Supervisors. (Commissioner Light abstained from all discussion and Commissioners Fisher and Ours were absent from the meeting.) Proposed Northeast Land Use Plan (NELUP) Amendment to expand the Sewer and Water Service Area to include approximately 98 acres of land currently zoned EM (Extractive Manufacturing) District. The property is located on Brucetown Road (Route 672) in the vicinity of Interstate 81, Exit 321, in the Stonewall Magisterial District. No Action Required Senior Planner Abbe S. Kennedy reported that the staff had received a request from Triad Engineering, Inc. for an expansion to the Sewer and Water Service Area (SWSA) for property located on Brucetown Road (Rt. 672) in the vicinity of the I -81 Interchange at Exit 321. Planner Kennedy stated that the applicants have requested to expand the SWSA to include approximately 98 acres of land currently zoned EM (Extractive Manufacturing) District; a portion of the site is presently located within the SWSA. Mr. Ty Lawson, Esquire, stated that this request is part of an evaluation of this site for a potential rezoning for a milk - balancing facility. Mr. Lawson said that there are small portions of this property that are already within the SWSA and it is their intent to move the SWSA line to include the entire parcel. The Planning Commission generally supported the inclusion of the subject 98 -acre parcel into the SWSA and was particularly good for economic reasons. One Commissioner stated that it was typically common to include the entire parcel within the SWSA, if a portion of that site lies within the existing SW SA. It was also noted that this property would actually end up being a down - zoning, it was a good use of the land, and a proper location. There were no public comments. The Planning Staff stated that all of the Commission's comments would be forwarded to the Board of Supervisors. No formal action was required from the Planning Commission. (Commissioners Ours and Fisher were absent from the meeting.) DISCUSSION OF PROPOSED MODIFICATIONS TO HOG FARM REGULATIONS No Action Required Planner Jeremy F. Camp stated that during June and July ofthis year, the Development Review and Regulations Subcommittee (DRRS), with input from Mr. Paul Anderson of the Frederick County Farm Bureau, evaluated numerous potential changes to the zoning ordinance aimed at modifying current hog farm regulations. Planner Camp reported that early in the discussion, the DRRS identified that their primary goal Frederick County Planning Commission Minutes of September 3, 2003 Page 1 153 • was to change the ordinance so the small family farmer could keep a limited number of hogs their property without having to comply with the 200' setback requirement. He explained that the 200' setback requirement applies to all hog operations, regardless of the number of hogs on a tract of land. Planner Camp stated that the proposed ordinance amendment would change the current 200' setback requirement for hog operations so it would only apply to operations with more than 30 hogs. He said this number was chosen by the DRRS because it would allow up to three litters of piglets at one time. He added that minor text changes and a new definition is required for the proposed change. The Planning Commission expressed concerns that the proposed ordinance segregated hogs from other agricultural commodities. In addition, they expressed concerns that the proposed ordinance did not provide any setbacks for properties with 30 hogs or less. The Commission also believed the proposed ordinance would be difficult to enforce. Based on these concerns, the Planning Commission advised the staff that the proposed ordinance was not acceptable. Chairman DeHaven called for anyone in the audience who wished to speak concerning this matter and the following person came forward: Mr. Paul Anderson, President of the Frederick County Farm Bureau, stated that the Farm Bureau is opposed to any ordinance that restricts normal agricultural practice and that may single out a particular agricultural commodity. Mr. Anderson stated that the proposed 200' setback was a considerable amount of land that would be wasted. He suggested that the Commission investigate confined feeding operations through the State Department of Agriculture and use their guidelines. i ® The Planning Staff stated that all of the Commission's comments would be forwarded to the Board of Supervisors. No formal action was required from the Planning Commission. (Commissioners Ours and Fisher were absent from the meeting.) OTHER VIRGINIA CITIZENS PLANNING ASSOCIATION, INC. As the President of the Virginia Citizens Planning Association, Inc., Commissioner Morris announced that the annual Institute for Planning Commissioners will be held on October 12, 2003. Commissioner Morris encouraged anyone who is able to attend this institute. He said there are a number of contemporary planning issues on the agenda, including speakers from the University of Virginia, VirginiaTech, and the University of Illinois. In addition, Commissioner Morris announced that an incentive package is being offered to help compensate for the tuition payment. • Frederick County Planning Commission Minutes of September 3, 2003 Page 1154 -10- • CITIZEN PARTICIPATION AT PLANNING COMMISSION MEETINGS Chairman DeHaven remarked that the Planning Commission conducts its meeting format somewhat differently from the Board of Supervisors concerning public input and the difference in format has created occasional problems for the Board. Chairman DeHaven said the issue has come to the point where it might be appropriate, in order to help the Board at their level, if the Planning Commission used the same format as the Board for discussing items on the agenda. Specifically, he said the Board of Supervisors accepts public comment for public meeting items only during the Citizen Comments portion of their meeting. Chairman DeHaven said the Planning Commission would continue to accept public comment during consideration of the public hearing items, however, public comment on all other items on the agenda would be accepted only during the general Citizen Comments portion of the meeting. He noted that this format would mirror the Board's format. The Board of Supervisors' Liaison, Mrs. Lynda Tyler, commented that she liked the relaxed atmosphere of the Planning Commission meetings and the fact that the public was given the opportunity to participate during the Commission's discussions. Mrs. Tyler said that the format for public input during public hearings is very clear at the Board level, however, the format of the public meetings is somewhat confusing. The majority of the Planning Commission preferred to hear from the public during the Commission's discussion of each specific item on the agenda. It was also noted that points are raised during the Commission's discussion and the applicant's presentation that the public would not be able to comment on, if their comments were only received during the Citizen Comments portion of the meeting. A suggestion was ® made that the Commission remind the public of the Board's format for public meetings. The Commissioners believed their format was working well for them and decided not to change it. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:50 p.m. by a unanimous vote. I Respectfully submitted, Chart DeHaven, Jr., Chairman Lawrence, Secretary 0, Frederick County Planning Commission Minutes of September 3, 2003 Page 1155