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PC_12-03-03_Meeting_MinutesMEETING MINUTES • OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 3, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District; William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Jeremy F. Camp, Planner II; Patrick T. Davenport, Zoning & Subdivision Administrator; Mark R. Cheran, Planner I; and, Renee' S. Arlotta, Clerk. 0 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - NOVEMBER 5, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of November 5, 2003 was unanimously approved as presented. PUBLIC HEARING Rezoning #12 -03 of Craftsman Auto Body, submitted by Painter- Lewis, P.L.C., to rezone 2.38 acres from B2 (Business General) District to B3 (Industrial Transition) District for an automobile body shop with automobile leasing services. This property is located at the intersection of Valley Pike (Rt. 11) and Prosperity Drive and is identified with P.I.N. 75 -A -2E in the Back Creek Magisterial District. Frederick County Planning Commission Minutes of December 3, 2003 Page 1209 -2- Action - Recommended Denial • Planner Jeremy F. Camp reported that the parcel is located entirely within the Urban Development Area (UDA), as well as the Sewer and Water Service Area (SWSA), and it is also located within the Kemstown Business Park. From a transportation perspective, he said that the proposed development would increase traffic on Valley Pike by less than one percent and VDOT has noted that this does not constitute a measurable impact. Planner Camp reviewed the applicant's proffer statement with the Commission. Planner Camp pointed out that the primary issue identified by staff with this particular rezoning request is the possible incompatibility of an industrial transition use adjoining an existing business general use. He said that two adjoining businesses, Affordable Dentures and Valley Farm Credit, have contacted the staff to express their opposition to the rezoning petition for this reason. Planner Camp also identified an issue with landscaping. He said that the Rt. I 1 South Corridor Land Use Plan calls for enhanced landscaping along Valley Pike and this rezoning application does not offer additional landscaping. In order to achieve the intentions of the Rt. I 1 South Land Use Plan, the staff has recommended additional landscaping along Valley Pike, similar to that provided by Valley Farm Credit, located across the street. Commissioner Straub referred to the letter provided to the Commission from Valley Farm Credit and she inquired if it was accurate. Planner Camp explained that Valley Farm Credit had submitted a letter of opposition in which they point out a conflict with the B3 Zoning to the covenants of the Kemstown Business Park. Planner Camp said that Frederick County does not enforce covenants. The Planning Commission's legal counsel, Mr. Jay Cook, stated that enforcing covenants is a civil matter that would need to be resolved through the courts, if other landowners also believed the covenants had been violated. Mr. John Lewis of Painter-Lewis, P.L.C. was presentto represent Craftsman Auto Body. Mr. • Lewis handed out a few photographs of the Craftsman facilities in Town of Purcellville and Prince William County. He said the site is 2.38 acres and the proposed building is 11,000 square feet. Mr. Lewis said this site was chosen by the Craftsman Management Team because of the excellent visibility offered by Rt. 11. He said it was the owner's intention to have an aesthetically pleasing structure and site. Mr. Lewis commented that there is little or no B3 Zoning in Frederick County with this kind of visibility. He believed this development would enhance the corridor entrance into Frederick County and they will ensure that this will happen through their generalized development plan (GDP) and proffer statement. Mr. Lewis next reviewed the proffers that were being offered, detailing the screening, the landscaping and berm, the architectural rendering of the building, and the designated areas for specific parking (vehicles awaiting repair, employee parking, automobile leasing, customer parking). He commented that vehicles awaiting repair are within screened areas. Mr. Lewis believed the proposed use was compatible; he believed their proposal made the use aesthetically as good or better, than some of the B2 uses that could be allowed on this parcel. Mr. Michael (Mike) McCarroll of the Craftsman Management Team remarked that because of the nature of the work, his business, and his competitors' businesses, they have been attempting to change the image of their businesses and are moving themselves into more visible areas with nicer facilities. Mr. McCarroll said they need to have their businesses look better, their customers expect it, and he believed he could provide that. Referring to Valley Farm Credit's letter, Commissioner Gochenour commented about the visibility of the property coming down off of Prosperity Drive. Mr. McCarroll pointed out the berm area; he noted that the top of his building will be visible from Rt. 11, but not the bottom. Mr. McCarroll said that the vehicles awaiting repair will be screened from the road with landscaping. • Frederick County Planning Commission Minutes of December 3, 2003 Page 1210 -3- Chairman DeHaven called for public comments and the following persons came forward to is speak in opposition: Mr. Rick Edwards, came forward to represent Affordable Care, allorth Carolinabased dental practice management company, trading in this area as Affordable Dentures. Mr. Edwards stated that their company has been in this area since 1989 and two years ago, moved to their new location behind the property in question. He explained that they are very uncomfortable with the proposed zoning change and are adamantly opposed. Mr. Edwards was concerned about their patients looking down at wrecked vehicles and he commented that this was still a body shop, despite the outward appearance. Mr. Robert Carpenter, President and C.E.O. of Valley Farm Credit (VFC), located at 125 Prosperity Drive in the Kemstown Business Park, next came forward to represent the Board of Directors of VFC, the legal property owners. Mr. Carpenter said that the Board of Directors of VFC has officially taken a position of opposition to the proposed rezoning, based on the legality of the restrictive covenants within the deed of dedication establishing the Kemstown Business Park back in 1995. He contended that this zoning restriction was placed on the lots at the front of the Kemstown Business Park as a protection to those landowners who would invest considerable sums to enhance the property frontage along Rt. 11. He said that VFC purchased two lots, totaling three acres, and has invested in excess of $2 million with the understanding that Kemstown Business Park contained restrictive covenants that would allow for the development of similar businesses. He said that VFC will strongly oppose any attempt to override those restrictive covenants and would be willing to consider appropriate remedies at their disposal to uphold the restrictive deed covenants. He also considered the proposed rezoning to be spot zoning. Mr. Mohsen Sadeghzadeh came forward to oppose the proposed rezoning because it would • be detrimental, both environmentally and economically, to adjoining landowners. In particular, he pointed out that the noise and fumes of a body shop were not well suited to the existing neighboring businesses and would limit the possibilities of all similar B2 land development in the area. Mr. Sadeghzadeh provided the Commission with a letter of opposition. In addition, he was concerned about the number of vehicles that would eventually be located on the site. Mr. Daniel (Dan) Harlow, the owner of New Collision Repair, located at the top of the hill, said that three years ago, he also wanted to purchase the property under consideration because of its visibility from the Rt. 11; however, to avoid the possibility of opposition due to the nature of his business, he ended up purchasing property in the rear. Mr. Harlow commented that his building is attractive and described his extensive screening. He believed the back parking area of the proposed facility would be visible from Affordable Dentures and Valley Farm Credit because those structures are higher in elevation. He also commented about the traffic congestion at the end of Prosperity Drive. Since everyone who wished to speak had been given an opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Commissioner Morris had the opinion that the proposed structure would be aesthetically appealing and it appeared to be a good company for Frederick County, however, he believed this was absolutely the wrong location. Commissioner Morris believed that rezoning this property to B3 would be unfair to the surrounding established B2 businesses who have already invested large sums of money. He added that there are many undesirable B3 businesses that could locate here, if for some reason the Craftsman Auto Body business left the property. r1 U Frederick County Planning Commission Minutes of December 3, 2003 Page 1211 -4- Commissioner Light also had the opinion that, in this particular situation, to change the zoning • would be a misrepresentation shown to the existing businesses who have invested considerable sums of money in their properties. Commissioner Light remarked that the County's zoning laws were established to provide protection and compatibility and is the basis for comprehensively planning the County. Commissioner Light also had concerns about the possibility of other B3 uses on the property in the future. Referring his question to legal counsel, Commissioner Rosenberry asked if a prejudice to any future civil case would be created, should the County approve this rezoning. Mr. Jay Cook, legal counsel, stated that a rezoning would have no affect on a possible future civil case. Chairman DeHaven commented that this was an outstanding application and he believed the community would welcome this business, however, the existing zoning on the subject property is there to implement a very comprehensive land use plan for that area. He did not think it would be appropriate for those individuals who have already made their purchase decisions based on that planning and the existing zoning. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend denial of Rezoning Application 412 -03 of Craftsman Auto Body, submitted by Painter - Lewis, P.L.C., to rezone 2.38 acres from B2 (Business General) District to B3 (Industrial Transition) District for an automobile body shop with automobile leasing services to be located at the intersection of Valley Pike (Rt. 11) and Prosperity Drive. The vote was as follows: YES (TO DENY) Triplett, Fisher, Kriz, Light, Morris, Unger, Watt, Gochenour, Straub, DeHaven NO: Rosenberry * *Please Note: Commissioner Rosenberry announced that he mistakenly voted against this motion. He said that his intent was to vote for denial of the proposed rezoning, based on the comments he made during the discussion. (Commissioners Thomas and Ours were absent from the meeting.) PUBLIC MEETING Master Development Plan #07 -03 of Hiatt Run Condominiums, submitted by Painter- Lewis, P.L.C., for multi - family residential condominiums. The property is located at the intersection of Rt. 11 and Rt. 838, near Stephenson, and is identified with P.I.N. 44 -A -17 in the Stonewall Magisterial District. Action - Recommended Denial • Frederick County Planning Commission Minutes of December 3, 2003 Page 1212 -5- • Planner Jeremy F. Camp said that the Hiatt Run Condominiums is a master development plan for 96 garden apartments on 10.0 acres, zoned RP (Residential Performance) District. Planner Camp stated that this site is located within the Second and Third Winchester Core Battlefield, which is part of the Stephensons Depot Historical Area. He noted that the Historic Resources Advisory Board (HRAB) reviewed this application during their September 2003 meeting and the HRAB believed that the proposed development was not compatible with the surrounding area. The HRAB offered suggestions on how to improve the site, such as adding a country fence around the property, reducing the proposed height of the structures, and changing the building design to something more architecturally compatible with the area. Planner Camp stated that the proposed plan meets or exceeds the Zoning Ordinance's requirements for environmental preservation; however, little is offered to preserve the historical integrity of the property. He said that while this can not be required, because it is not an ordinance requirement, staff strongly encourages the applicant to consider the suggestions of the HRAB. Mr. John Lewis of Painter- Lewis, P.L.C., presented two exhibits which represented a proposed rendering of the project upon completion and the actual master development plan. Mr. Lewis described the project for the Commission. Commissioner Gochenour, a member of the HRAB, stated that the HRAB is deeply concerned about this proposal and the historic integrity of the area. In particular, she mentioned the density of 96 units on 10 acres. She commented about the three -story buildings in direct view of the Third Battle of Winchester and Stephenson Depot. She was also concerned about the environmental impact of 96 units along Hiatt Run, particularly the effect of construction, and she inquired about any environmental protection measures. Mr. Lewis replied that the developer would consider the preservation of the stone wall along McCann's Road, • however, he did not believe it would be economically practical for the developer to consider a reduction in a density that was pemvtted by the zoning ordinance. He said this was a market- driven project. Regarding the protection of Hiatt Run, Mr. Lewis replied that they would provide the 35 -foot riparian buffer as required. Commissioner Rosenberry asked Planner Camp if he knew the density of the neighboring property. Planner Camp replied that the surrounding properties are all single - family homes, typically, one unit per acre. Commissioner Rosenberry commented that the density of the proposed development was quite a contrast to the existing density of the surrounding area. Commissioner Fisher suggested that a dark brown color for the building exterior, rather than white or yellow siding, would be more visually appealing for the area. Mr. Lewis stated that the rendering shown is one of an existing development by this developer and is the style that will be used for the proposed development. Commissioner Unger inquired if it would be possible to add some brick to the front of the buildings and reduce them to two -story structures rather than three -story. Mr. Lewis replied that it was not economically feasible for the developer to reduce the size of the structures. At this time, Chairman DeHaven called for public comments. The following persons came forward to speak: Mr. Vincent (Vince) Lord, property owner just to the north, was opposed to the proposed development. Mr. Lord expressed concern about drainage to the north. He said during the recent heavy rains, 0 Frederick County Planning Commission Page 1213 Minutes of December 3, 2003 the drainage ditch from Rt. 1 l flooded one of the culverts in his driveway and water flowed into his yard. Mr. • Lord was also concerned about security of his property, due to the density of the proposed development. Mr. David (Dave) Holliday wanted to point out for the record that he was not the developer for this application. Regarding the concern about drainage, Mr. Lewis stated that th majority of the site slopes towards Hiatt Run and only a minor portion of the site slopes to the north. Mr. Lewis explained that the roof leaders drain to the parking lots and the parking lots drain to the south. Therefore, he did not anticipate a problem. He assured the Commission that he would address all of the drainage issues at the site plan stage. Commissioners questioned their ability to influence the building materials and architectural features of the proposed development. Members of the Commission pointed out that this was one of those few situations that was unintentionally created in the County. It was noted that RP Zoning was placed on this land in 1983 and officials at that time probably never envisioned the SWSA and the UDA on the parcel. It was also pointed out that RP Zoning was placed on this property to protect the existing single - family residential uses along the corridor. Although recent circumstances have given the parcel UDA and SWSA status, the intent is clear in several instances within the Comprehensive Plan regarding future land uses being sensitive to existing and planned land uses. Additionally, this area is designated as a developmentally - sensitive area and a historical preservation area. Members of the Commission commented that residential land uses should be compatible with existing residential densities and lot sizes. Commissioners believed there was a responsibility to maintain compatibility. Other Commissioners pointed out that Frederick County has a definite lack of affordable housing; those members said they would welcome this type of housing in a denser portion of the UDA, but not in this particular area. Once again, it was pointed out that this was a well - designed project, • however, it was proposed for the wrong location. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Master Development Plan 407 -03 of Hiatt Run Condominiums, submitted by Painter- Lewis, P.L.C., for multi - family residential condominiums. The property is located at the intersection of Rt. 11 and Rt. 838, near Stephenson. (Commissioners Thomas and Ours were absent from the meeting.) Subdivision Request 912 -03 for Vine Lane Subdivision, submitted by Bowman Consulting on behalf of Dave Holliday Construction, Inc., for the subdivision of 1.15 acres, zoned RP (Residential Performance) into three single - family detached lots. The property is zoned RP (Residential Performance) District and is located 2.2 miles south on Front Royal Pike (Rt. 522) from the intersection of Front Royal Pike and Rt. 50, and is identified with P.I.N. 64 -2 -D4 in the Shawnee Magisterial District. Action - Recommended Approval • Frederick County Planning Commission Page 1214 Minutes of December 3, 2003 -7- • Planner Mark R. Cheran referred the Commission to Page 2 of the staff report noting that this page incorrectly refers to Mr. and Mrs. Hubert Stone as the owners of the property. Planner Cheran pointed out for the record that the property is owned by Dave Holliday Construction, Inc. Planner Cheran stated that there were no adverse comments from any of the reviewing agencies. He said the proposal is to create three new lots containing a minimum of 15,000 square feet each for single - family detached traditional housing. He noted that this housing type is pemmitted in the RP Zoning District and public water and sewer will be utilized. He added that the property is located within the UDA and the SWSA. He further added that the master development plan has been waived for this project, therefore, Board of Supervisors review and action is required. Planner Cheran noted that Mr. David Holliday, the property owner, and Mr. David L. Frank, the Project Manager, with Bowman Consulting Group, LTD, were present to answer questions from the Commission. Commissioner Gochenour asked the staff to explain the conditions enabling the waiver of a master development plan. Planner Cheran described the conditions enabling a waiver of the master development plan for this particular request. Those conditions included: the number of lots to be created consisted of ten or less; no roads or regional storm water management facilities were proposed; and, the request was compatible with surrounding properties. Commissioner Gochenour asked for an explanation of the comment made by Mr. Joe Wilder of the Public Works Department regarding th location of one of the lots near the storm water pond at the front of the property. Mr. David Frank with Bowman Consulting was present to represent the property owner. Mr. Frank stated that the regional storm water management facility, as well as all of the other infrastructure for this property, has been in place for many years, possibly in 1965. He said that the lots being created are completely • consistent with what was originally placed on Vine Lane. Mr. Frank explained that the comment made by Mr. Wilder pertains to the acquisition of a grading permit or a building permit for a residential lot. Mr. Frank said that Mr. Wilder is seeking verification that the regional storm water management facility will not flood onto the lot or pose any problems with the residential units. Mrs. Gochenour expressed concern that the storm water management facility appeared to be in poor condition. Mr. Frank replied that this particular facility is owned and maintained by VDOT. Chairman DeHaven called for public comments, however, no one came forward to speak. The Commission believed the proposed subdivision appeared to satisfy the requirements of the zoning ordinance and was compatible with the surrounding development in the area. Upon motion made by Commissioner Morris and seconded by Commissioner Triplett, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Subdivision Request #12 -03 for Vine Lane Subdivision, submitted by Bowman Consulting on behalf of Dave Holliday Construction, Inc., for the subdivision of 1.15 .acres, zoned RP (Residential Performance) into three single - family detached lots. The property is zoned RP (Residential Performance) District and is located 2.2 miles south on Front Royal Pike (Rt. 522) from the intersection of Front Royal Pike and Rt. 50. n U Frederick County Planning Commission Page 1215 Minutes of December 3; 2003 The majority vote was as follows: YES (TO APPROVE) Rosenberry, Triplett, Fisher, Kriz, Light, Morris, Unger, Watt, Straub, DeHaven NO: Gochenour (Commissioners Thomas and Ours were absent from the meeting.) DISCUSSION Review of the site plan for the new Frederick County Middle School. The site is located on the eastern side of Front Royal Pike (Rt. 522), south of its intersection with Papermill Road (Rt. 644). No Action Required Planner Jeremy F. Camp presentedthe site plan forthe fourth Frederick County Middle School for review and input. Planner Camp said that access will be provided to Front Royal Pike via a new major collector road and school access road. He said the school facility includes 243 parking spaces with required handicapped access, 26 bus parking spaces, and an emergency fire lane around the entire school building. Also planned for the site were a football field, a track, basketball courts, softball field, a soccer field, and discus and • shotput throwing areas. Planner Camp noted that Dr. William C. Dean, Superintendent of Frederick County Public Schools, was present to answer any questions from the Commission. Commission members inquired about the need for a traffic signal at the entrance to the school. Dr. William C. Dean, Ph.D., Superintendent of Frederick County Public Schools, stated that the School Board has signed an agreement with VDOT, and the School Board will be responsible for placing a traffic signal at the intersection should, should traffic warrant one within the next ten years. Chairman DeHaven inquired if the access roadways, in particular, the entrance road, the new collector road, and the school access road, were on School Board property. Planner Camp replied that they were not. Commission members inquired about the possibility of achieving greater coordination between the School Board and the County on the planning of school locations. Commission members believed that coordination with the School Board on school site locations would influence the direction of the Comprehensive Plan regarding the Urban Development Area. Planning Director Eric R. Lawrence commented that the Planning Staff has been working much more closely with the School Board in the previous year. Director Lawrence stated that the goal is to incorporate future school projects into the County's long range planning program. 11 Frederick County Planning Commission Page 1216 Minutes of December 3, 2003 m • 2004 PLANNING COMMISSION RETREAT Planning Director Eric R. Lawrence announced that the 2004 Planning Commission Retreat will be held on February 7, 2004. ADJOURNMENT By a unanimous vote, the meeting of the Frederick County Planning Commission adjourned at 8:30 p.m. Resp ctfullly submitted, Q '� cw> i / b Charles . DeHaven, Jr., Chairman Eric La rence, Secretary LJ r� LJ Frederick County Planning Commission Minutes of December 3, 2003 Page 1217