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PC_01-07-04_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLAI1'NING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 7, 2004. 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; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Barbara E. Van Osten, Board of Supervisors' Liaison; Gary W. Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. 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. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS FOR 2004 Election of Charles S. DeHaven, Jr. Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr., for Chairman was made by Commissioner Thomas and seconded by Commissioner Ours. Motion was made by Commissioner Ours, seconded by Commissioner Kriz, and unanimously passed to close nominations for Chairman. BE IT RESOLVED; That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr., as Chairman of the Planning Commission for the Year of 2004. E Frederick County Planning Commission Minutes of January 7, 2004 Page 1223 2- Election of Roger L Thomas Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Commissioner Ours and seconded by Commissioner Kriz. Motion was made by Commissioner Light, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2004. Election of Eric R. Lawrence Secreta Chairman DeHaven declared nominations open for Secretary. The nomination of Eric R. Lawrence was made by Commissioner Morris and seconded by Commissioner Kriz. Motion was made by Commissioner Light, seconded by CommissionerKriz, and unanimous] passed to close the nominations for Secretary. y BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2004. MEETING SCHEDULE FOR 2004 Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room; the Comprehensive Plans & Programs Subcommittee on the second Monday ofeach month at 7:30 p.m in the first floor conference room; and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. in the first floor conference room. • Frederick County Planning Commission Minutes of January 7, 2004 Page 1224 -3- • - -- -- -- - - - - -- COMMITTEE APPOINTMENTS FOR 2004 Chairman DeHaven announced that committee assignments for 2004 will remain the same as the previous year. He made the following liaison reappointments for 2004: Commissioner Thomas to the Economic Development Commission; Commissioner Fisher to the Sanitation Authority; Commissioner Ours to the Winchester Planning Commission; Commissioner Kriz to the Transportation Committee; and Commissioner Gochenour to the Historic Resources Advisory Board. MINUTES - NOVEMBER 192003 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of November 19, 2003 were unanimously approved as presented. PUBLIC HEARING • Conditional Use Permit #10 -03 of Alfred Chapman, Jr., for a country store with outdoor display area. The property is located at2960 Millwood Pike and is identified with Property Identification Number 77- A-13 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that this conditional use permit application is in response to a zoning violation complaint the staff received. Planner Cheran explained that the applicant was cited for expanding a nonconforming use by adding outdoor display areas. He said that the applicant is seeking to have outdoor display for the sale of figurine yard statues and other outdoor products; he said the applicant is also proposing the addition of approximately 400 square feet to his existing country store. Planner Cheran added that the Zoning Ordinance allows for expansion of a nonconforming use with an approved conditional use permit. He said that an engineered site plan approved by the County will be required. He next read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. David L. Sisler, the applicant, came forward to answer questions from the Commission. Chairman DeHaven asked Mr. Sisler if he was comfortable that he could meet the conditions recommended by the staff. Mr. Sisler replied that he was. speak: Chairman DeHaven called for citizen comments and the following person came forward to Frederick County Planning Commission Minutes of January 7, 2004 Page 1225 -4- Mr. Donald Wilkins, representing the Winchester Isaac Walton Club, said his club was not • against the proposed application, but had several concerns about the sewer system. Mr. Wilkins asked if the sewer system would be upgraded; he said the system has previously failed, along with the alarm monitor. He said they were concerned because the Isaac Walton Club has spent a considerable amount of money this year on revitalizing the lake. Mr. Alfred A. Chapman, Jr., the owner of the property, explained that they are currently using a pump and haul system and are no longer using the septic field. No other issues were raised and the Commission believed the use was appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #10 -03 of Alfred Chapman, Jr., for a country store with outdoor display area, at 2960 Millwood Pike with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to establishment of the outdoor display areas and expansion of the country store. All improvements identified on this site shall be completed prior to operating the business. • 3. Any new signage will be limited to one (1) illuminated freestanding business sign; not to exceed fifty (50) square feet in area and no higher than ten (10) feet in height along the frontage of Millwood Pike (Rt. 50). 4. Outdoor display area shall not exceed 1,000 square feet in area. 5. No on -site vehicle fuel sales allowed. 6. Any expansion or change of use will require a new conditional use permit. Conditional Use Permit #11 -03 of Dynamite Digital TV for re- establishing a non - conforming use. The property is located at 4323 North Frederick Pike and is identified with Property Identification Num her 30 -A -118 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that this application is in response to a zoning complaint the staff received; he said the applicant was cited for re- establishing a nonconforming use without obtaining the required conditional use permit. Planner Cheran reported that the property has been used as a restaurant E Frederick County Planning Commission Minutes of January 7, 2004 Page 1226 -5- as early as the 1970's and as late as 2001; he said the proposed use is for a satellite TV network office and • would have a lesser impact on the surrounding community than a restaurant use. Planner Cheran explained thattheproposed office use will have only three employees on site and two business vehicles associated with the use. He said there will be no retail activity located on the site and the customer base is managed over the telephone. No more than five customers are anticipated on the site at any one time. Planner Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Referring to Condition #3, "No more than five (5) customers at any one time allowed on site," Commissioner Straub inquired as to how this would be enforced. Planner Cheran replied that it would be enforced on a complaint -only basis. Referring to Condition 42, requiring an engineered site plan, Commissioner Unger inquired if it is necessary for an applicant to submit an engineered site plan for this type of small operation. Planner Cheran said that since this site has no previous site plan associated with it, the staff is seeking to bring the site into conformance. Planner Cheran explained that the parking areas need to be identified and signs will need to be brought into conformance. Commissioner Kriz inquired if the parking will remain gravel or if asphalt will be required. Planner Cheran replied that the parking area would be tar and chip, it would be lined, and a handicap space would be required to meet the rural area requirements. Commissioner Morris was not in favorof Condition #3. He believed the site plan and parking will govern the number of customers that could be accommodated. • Commissioner Light inquired about also removing Condition #5, "No more than two (2) business vehicles allowed at this site." His opinion was that this was a far less intensive use than a restaurant and he did not think it was appropriate to restrict the applicant on the number of vehicles needed to run his business. Planner Cheran noted that the applicant, Mr. Ronald E. Steepleton, could not be present because of a family emergency. Planner Cheran noted that the applicant was comfortable with the recommended conditions. Chairman DeHaven called for citizen comments, however, no one came forward to speak. Commissioner Kriz moved to approve the conditional use permit, striking recommended Conditions #3, "No more than five (5) customers at any one time allowed on site" and #5, "No more than two (2) business vehicles allowed at this site." This motion was seconded by Commissioner Triplett. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #11-03 of Dynamite Digital TV for re- establishing a nonconforming use, with a television satellite (dish) network sales office, at 4323 North Frederick Pike with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified Frederick County Planning Commission Minutes of January 7, 2004 Page 1227 Is improvements shall be installed within six (6) months of CUP approval. All parking shall be in • compliance with zoning district standards. 3. No outdoor storage of equipment or materials will be permitted on site. 4. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. >. Any expansion or change of use will require a new Conditional Use Permit. Conditional Use Permit #12 -03 of Shared Towers, Inc./Reynolds Store Tower, presented by G reenway Engineering, for a 195- foot -high telecommunications facility. This property is located at 8840 North Frederick Pike and is identified with Property Identification Number 11 -A -39 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that Conditional Use Permit 913-02 of Shared Towers, Inc./ Reynolds Store Tower was approved by the Board of Supervisors on January 8, 2003 with a condition requiring the tower to be erected by January 7, 2004 or the permit would be deemed invalid. Planner Cheran • reported that the applicant has stated that the tower will not be erected by that date and has asked for an amendment to this condition of his permit. The applicant is requesting an additional 12 months to complete the tower. Planner Cheran continued, stating that staff believes this application for a commercial telecommunication facility has adequately addressed the requirements of the zoning ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of the county has been demonstrated. PlannerCheran next read a list of recommended conditions, should the Commission recommend approval of the permit, essentially granting the applicant an extension of 12 months to construct the tower. Commissioner Ours inquired if a waiver requiring the use of a monopole tower was granted by the Board of Supervisors when they approved the permit on January 8, 2003. Planner Cheran replied that the waiver was granted. There was a brief discussion on whether recommended Condition 47, which stated, "The issuance of Conditional Use Permit 412 -03 shall deem Conditional Use Permit ( #13 -02) invalid. Therefore, only one (1) telecommunications tower may be constructed on the subject site," was necessary, since the original CUP # 13 -02 was deemed invalid as of January 7, 2004. It was decided that this condition was not necessary and could be removed. Mr. Evan A. Wyatt with Greenway Engineering was representing the applicant, Shared Towers, Inc./Reynolds Store Tower. Mr. Wyatt stated that the 12 -month condition was originally placed on these conditional use permits because at the time they were issued, there were two competing companies. He • Frederick County Planning Commission Minutes of January 7, 2004 Page1228 -7- said that since that time, the other company has withdrawn their applications for towers, eliminating the • competition for this site. Mr. Wyatt added that the property owners who are leasing the area for the site have provided a survey of cellular phone service customers who are seeking better service in this area ofthe county. Mr. Wyatt further added that the building permit for the tower has been issued and a site plan has been approved. Commissioner Kriz inquired about the status of the other towers in this area. Mr. Wyatt said that the Hunting Ridge Tower is complete; the Cross Junction Tower is under construction and should be completed by the end ofJanuary or the beginning of February; and the Reynolds Store Tower is the third tower for the Rt. 522 North corridor. Mr. Wyatt stated that Shared Towers has received confirmation from Shentel that for their PCS Service, antennas will be placed on the Hunting Ridge and Cross Junction towers as soon as the towers are ready, and indications are favorable for the Reynolds Store Tower as well. Chairman DeHaven called for citizen comments, however, no one came forward to speak. Commissioner Kriz moved to approve the conditional use permit, striking recommended Condition #7. This motion was seconded by Commissioner Morris. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12 -03 of Shared Towers, Inc./Reynolds Store Tower, presented by GreenwayEngineering, for a 195- foot -high telecommunications facility at 8840North Frederick Pike, with the following conditions: 1 . All Zoning Ordinance requirements and review agency comments shall be addressed and complied • with at all times. 2. The tower shall be available for co- locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Commission voted unanimously in favor of incorporating the cellular phone service survey information, collected by Mr. Daniel A. Shenk, as a part of the official record for this application. 0 Frederick County Planning Commission Minutes of January 7, 2004 Page 1229 8- • PUBLIC MEETIN G Subdivision Request #07 -03 of Ronald G. McDonald, LLC, submitted by Michael M. Artz, for two single - family detached lots. The property, zoned RP (Residential Performance), is located at 1179 Front Royal Pike (Route 522), 200 feet east of Route 522 on Vine Lane, and is identified with Property Identification Number 64 -2 -131, in the Shawnee Magisterial District. Action - Recommended Approval Zoning and Subdivision Administrator, Patrick T. Davenport, reported that the original subdivision, known as the Bugarski Lots, was approved on April 23, 1980. Administrator Davenport stated that an existing dwelling will remain on one ofthe lots and a garage currently under construction will be located on the new lot. He explained that the access to the proposed Lot B2 would be via an access easement, indicating a shared driveway. He added that the master development plan requirement has been waived for this subdivision and the ordinance requires that land divisions in the RP Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval. He further added that this subdivision proposal seems to satisfy all the requirements of the zoning and subdivision ordinances. Referring to the shared access easement, Commissioner Straub inquired why Lot B2 didn't have its own access. Administrator Davenport replied that the applicant, with his surveyor Mr. Michael M. Artz, L.S., consulted VDOT concerning the proper location for an approved entrance and, in addition, they • wish to avoid impacting a drainage easement. In response to Commissioner Gochenour 's question concerning compatibility of uses between the two lots, Administrator Davenport replied that both lots were compatible. Mr. Michael M. Artz, L.S., with Artz& Associates, P.L.C., was availableto answerquestions from the Commission. Chairman DeHaven called for citizen comments, however, no one came forward to speak. Chairman DeHaven asked the staff what the primary use would be on the subdivided RP lot containing the garage under construction. Administrator Davenport replied that after the subdivision is approved, the primary use on this lot would be the garage, which meets the primary structure setbacks. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #07 -03 of Ronald G. McDonald, LLC, submitted by Michael M. Artz, for two single- family detached lots, zoned RP (Residential Performance), located at 1 179 Front Royal Pike. • Frederick County Planning Commission Minutes of January 7, 2004 Page 1230 KIM • Master Development Plan #09 -03 for the revision of Southern Hills subdivision. This subdivision has been submitted by Greenway Engineering and is for 250 single- family detached urban houses. The site is identified by Property Identification Number 85 -A -138, which is within the Opequon Magisterial District. Action - Recommended Approval Planner Jeremy F. Camp reported that in March of 2002, the master development plan for Southern Hills subdivision was approved by Frederick County allowing the development of 225 single- family detached traditional homes, consisting of 15,000 square foot lots, 2.94 acres of open space, roadside ditches, and no sidewalks or landscaping. Planner Camp explained that the new owner of the property is requesting a revision to this approval. He said the proposed revision would increase the number of lots by 25, increasing the gross density from 2.1 to 2.53 dwelling units per acre. fn addition, the proposed revision is for 250 single - family detached urban houses, 12,000 square -foot lots, with a total of 16 acres of open space, designed with curb and gutter, sidewalks, streetlights, and landscaping throughout the development. Planner Camp continued, stating that all of the proffers approved with the rezoning of the property on July 11, 2001 have been addressed by this preliminary master development plan. Planner Camp reviewed those proffers with the Commission. Two unresolved issues were identified by Planner Camp and those concerned the lack of a bike and pedestrian trail and the second issue dealt with the timing of Stickley Drive. Planner Camp also provided the Commission with a petition that was submitted to the staff. The persons who signed the petition were in opposition to the addition of 25 lots and to moving the location of the southern entrance off of Town Run Lane. Planner Camp pointed out that the rezoning was approved for a • maximum density of 250 homes, which is what is proposed in the revision. Board of Supervisors' Liaison, Barbara Van Osten, had a concern about the access to the open space through the cemetery. Mr. Evan A. Wyatt with Greenway Engineering, the representative for this master development plan, explained that the proposal will fol low a five -year development program, with the third phase anticipated for completion in 2009. Commission members asked for Mr. Wyatt's response to the petition. Mr. Wyatt said that 250 units were proffered at rezoning and approved by the Board of Supervisors. He said they were able to achieve the additional lots over the previous plan because they were proposing 12,000 square -foot lots rather than 15,000 square foot. Regarding the entrance location, Mr. Wyatt said that both of their access points are linked to the state - maintained portion of Town Run Lane and will meet VDOT requirements. Regarding specificity on the timing ofthe Stickley Drive extension, Mr. Wyatt said the original master development plan, as well as this one, utilizes the previously- approved proffered language which basically states that the construction for Stickley Drive would be completed during Phase 1. Mr. Wyatt next responded to the question raised by Board Liaison, Barbara Van Osten, concerning the issue of the Ewing family cemetery. For the record, Mr. Wyatt stated that there will be a lot established for the land area around the cemetery which meets the County's requirements for frontage, etc. along a state - maintained road. He said the lot will be conveyed to the Ewing family and the language of the proffer specifies that the Ewing family will be responsible for maintaining the family cemetery, which they have done in the past. Mr. Wyatt pointed out that through the Deed of Conveyance of the lot to the Ewing family, language will be incorporated that gives the homeowners association the opportunity to maintain that lot, • Frederick County Planning Commission Minutes of January 7, 2004 Page 1231 -10- should it fail to be maintained for some reason in the future by the Ewing family. • Mr. Wyatt next responded to the two issues raised by the Planning Staff concerning the Bike/ Pedestrian Trail and the timing of Stickley Drive. Mr. Wyatt said that during Greenway's meeting with the Parks & Recreation Department's Director, Jim Doran, they learned that the Parks & Recreation Department has a vision for a trail system in this area, however, nothing has yet been implemented on paper detailing locations or connectivity. In Mr. Wyatt's opinion, it would be technically difficult to link the trail system into his client's property because of three large box culverts and space needed for guard rail installation. In addition, he said that providing a ten -foot trail system through this property would necessitate pushing the design back and shortening the cul -de -sacs, resulting in a loss of lots. Because all of the lots within Southern Hills will be internally connected by a sidewalk system, Mr. Wyatt said the residents will be able to safely access the northern limits of the property in order to reach the trail system, should it be constructed in the future. Mr. Wyatt added that the applicant would be willing to increase the width of the sidewalks along Town Run Lane from four feet to five feet. Mr. Wyatt next reviewed the proposed construction design for Stickley Drive with the Commission. He stated that a public improvements plan for Stickley Drive has been approved by VDOT, the Sanitation Authority, and the Department of Public Works, enabling them to proceed with construction. Mr. Wyatt said that an eight -inch water line will need to be extended along this route initially, enabling work on StickleyDrive to commence at the initial stages of development. He anticipated the extension to be completed in the Summer of 2005. Mr. Wyatt said that the applicant was willing to commit to a limit on the number of building permits obtained to assure the timely completion of Stickley Drive. He said they were willing to agree that Stickley Drive would have to be opened before the 21" building permit is obtained. • Commissioner Morris expressed concern about construction traffic using Town Run Lane, especially during site development, and he suggested the possibility of roughing -in Stickley Drive, j ust enough to accommodate construction vehicles. He stated that the intersection of Town Run Lane and Rt. 277 was unsafe for vehicles, let alone the addition of construction equipment. Commissioner Unger agreed. Commissioner Thomas suggested that the applicant meet with VDOT and express concern over the safety hazard that construction traffic would cause at the intersection of Stickley Drive and Fairfax Pike (Rt. 277), at the Red Apple convenience store. He predicted that construction traffic will come out Fairfax Pike, with the majority of vehicles turning left and going west on Fairfax Pike, across three lanes of traffic. Commissioner Thomas believed that a traffic light will be needed during the initial phases of construction and should not be delayed until the build -out phase. Commissioner Ours recalled initial discussions on Southern Hills about mitigating the impact of this development on the adjoining rural area. He believed this was the main issue of concern in the petition that was received. He added that he had personally received several phone calls. Mr. Wyatt said that the revised plan, as well as the original master plan, shows the backyards adjoining these properties; he stated that no screening was required. Commissioner Unger had concern about the capital facilities impact with 25 additional lots. Mr. Wyatt replied that the rezoning was initially approved and legislated by the Board with 250 lots at the dollar amount indicated. Mr. Wyatt said that the current developer has purchased the property knowing what the limitations were, as far as what they were expected to pay, and they factored that amount into the negotiations of the development costs of purchasing the property. • Frederick County Planning Commission Minutes of January 7, 2004 Page 1232 - 11 - Commissioner Straub said that she had also received phone calls from adjoining property • owners and she asked the applicant about the possibility of shielding the light from street lamps to avoid impacting the adjoining rural areas. Mr. Wyatt said that he would research the question and have an answer when the master plan goes before the Board. Commissioner Gochenour raised the issue of a buffer between the agricultural and rural land uses. She believed this was a concern of the 15 -20 persons who signed the petition. She suggested a buffer that would divide and provide protection. Commissioner Gochenour was concerned about the increased density. She said that the existing landowners have been there for decades and anticipate passing their land down to their children. She was concerned about destroying the rural character of the area for these families. She believed the adjoining property owners' needs should be taken into consideration. In addition, Commissioner Gochenour expressed concern for the impact of the new homes on the school system and other infrastructure. Mr. Wyatt replied that the original master development plan approved by the County showed residential units backing up to these existing properties. He said that nothing was changed on this plan from what was previously approved. He said the subject of establishing buffer areas between agricultural and RP uses has been raised on several occasions by the Development Review & Regulations Subcommittee, although nothing has been officially established. Mr. Wyatt said that what this master plan is doing has no greater impact than what was already approved. He said that this master development plan, however, is committing to less impacts on transportation, particularly at Routes 1012 and 277, by placing a cap on the number of building permits that can be obtained until Stickley Drive is constructed. Planning Director Eric R. Lawrence commented that because the lot size has decreased from • 15,000 square feet to 12,000 square feet, the ordinance requires sidewalks for all the lots along Town Run Lane. Director Lawrence also pointed out that as a result of the 30' prescriptive right -of -way for Town Run Lane, the subdivision ordinance requires the developerto dedicate an additional 1O'towards the right -of -way. Therefore, additional right -of -way and additional asphalt will be required at the subdivision stage. Chairman DeHaven inquired about the possibility of reducing or eliminating the grass strip between the right -of -way and the sidewalk, in order to increase the width of the sidewalk. Mr. Wyatt replied that two -foot grass strips do not show well and it limits room for utilities. Chairman DeHaven next called for public comments and the following person came forward to speak: Mr. Gary Scothom, adjoining property owner, was concerned about the traffic congestion on Rt. 277 and the increased number of homes. In addition, Mr. Scothom stated that he farms cattle on his property and on about 80% of the Carbaugh land to the east, the fence is in disrepair. He said that typically, two adjoining farmers will share the maintenance of fence line. He inquired if an arrangement could be made in this situation so that his cattle wouldn't roam onto the Carbaugh property and, likewise, that residents from Southern Hills do not trespass onto his land. There was considerable discussion among the Planning Commission members and numerous issues and points of view were raised. Commission members agreed that the revised master development plan, proposing curb and gutter with sidewalks and streetlights on 12,000 square -foot lots, was a far superior product than the previous proposal of 15,000 square -foot lots with open ditches. It was also pointed out that r Frederick County Planning Commission Minutes of January 7, 2004 Page 1233 12- the rezoning for the proposed master development plan was approved with a capacity of 250 homes. However, • members of the Commission believed the traffic congestion in this area was so unacceptable, that the traffic from an additional 250 homes, let alone 225, in addition to other pending future development in this area, was sufficient justification not to approve the revised master development plan. While some Commissioners believed it was important to have Stickley Drive functional as early as possible for safety reasons, especially for construction traffic, others felt the need for the Stickley Drive extension was not as paramount. Concern was expressed, however, about the danger of allowing construction traffic to come out at Fairfax Pike (Rt. 277) by the Red Apple convenience store, without a traffic signal. Additional viewpoints expressed by members of the Commission included: the continual impact of additional children on schools that were either already at capacity or over capacity; the need for consideration ofthe impacts to the existing property owners to the south; the impacts of the additional housing on the tax structure; and, the possibility of postponing construction until possible impacts from the pending 1 -81 and 277 projects on this development could be determined. A motion was made by Commissioner Thomas to approve the revised master development plan with the offer of the increased sidewalk width from four feet to five feet. This motion was seconded by Commissioner Ours. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 409 -03 for the revision of Southern Hills subdivision, submitted by Greenway Engineering, for 250 single- family detached urban houses with the offer of the increased sidewalk width from four feet to five feet. The majority vote was as follows: . YES (TO APPROVE) Rosenberry, Triplett, Fisher, Kriz, Ours, Thomas, DeHaven NO: Straub, Gochenour, Watt, Unger, Morris, Light (Note: For the record, Commissioners Morris and Unger expressed their desire to accept the applicant's offer guaranteeing that the Stickley Drive extension would be opened after the issuance ofthe 20' buildingpermit. Because this was not a part of the motion, they voted against the motion.) (All members of the Commission were present.) Upon motion by Commissioner Straub and seconded by Commissioner Ours, the petition from the adjoining property owners was made a part of the official record by a unanimous vote. • Frederick County Planning Commission Minutes of January 7, 2004 Page 1234 - 13 - • Subdivision Request 416-03 of Solid Woods, submitted by Greenway Engineering, for five single-family detached traditional lots. The property, zoned RP (Residential Performance), is located north of Senseny Road (Route 657) and east of Senseny Glen Drive, at the end of Dell Court, and is identified with Property Identification Numbers 65 -A -47 and 65 -A -48, in the Red Bud Magisterial District. Action - Recommended Approval Zoning and Subdivision Administrator, Patrick T. Davenport, reported that Greenway Engineering, on behalf of their client, is requesting approval of a five -lot subdivision to be extended at the end of Dell Court. Administrator Davenport stated that the Board of Supervisors approved the rezoning of this property on October 8, 2003 and the subdivision will create five single - family detached traditional lots. He added that the proposed lots will contain a minimum area of 15,000 square feet each; an 80 -foot road efficiency buffer is proposed along Senseny Road (Rt. 657); public water and sewer will be utilized; and 35,845 square feet of open space will be provided, which will be accessible to all property owners via a ten -foot wide access easement located between Lots 2 and 3. He further added that the lots will be served by a newly constructed state road on a 50 -foot right -of -way named, Dell Court, which will connect to Senseny Glen Drive. Mr. Evan A. Wyatt with Greenway Engineering, representing the applicant, stated that the lots range from 15,400 square feet to 37,400 square feet. Mr. Wyatt said that this subdivision will dedicate the cul- de -sac area to VDOT, granting them the right -of -way necessary for maintenance, and it will improve the open - ditch section with culvert piping. Commissioner Straub inquired if Dell Court was presently existing. Mr. Wyatt replied that Dell Court was actually designed, approved, and built during the Senseny Glen Subdivision Design Plan • process and it is maintained by VDOT. Commissioner Straub inquired why these lots were not incorporated into Senseny Glen. Mr. Wyatt replied that this is a stand -alone five -lot subdivision. Commissioner Unger inquired ifthe designated open space was arequirement and, if not, why was it incorporated within the subdivision. Mr. Wyatt replied that it was not required, however, it will provide a small portion of distance buffer between three of the lots and the RA land immediately to the east. Commissioner Unger asked if a homeowners association will be required. Mr. Wyatt replied that a homeowners association will be required for the five lots because they are not a part of the Senseny Glen Subdivision. In addition, Mr. Wyatt pointed out that a road efficiency buffer is required regardless of whether the strip of open space was included or not and, because the inactive portion of the buffer cannot be a part of the building lots, the five lots will have to be responsible for the maintenance and upkeep of that portion of the road efficiency buffer. Chairman DeHaven called for public comments, however, no one was present to speak. No other issues or concerns were raised by the Planning Commission. Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #16 -03 of Solid Woods, submitted by Greenway Engineering, for five single - family detached traditional lots. The property, zoned RP (Residential Performance), is located north of U Frederick County Planning Commission Minutes of January 7, 2004 Page 1235 -14- Senseny Road (Route 657) and east of Senseny Glen Drive, at the end of Deli Court. E OTHER SETBACKS IN RP (RESIDENTIAL PERFORMANCE) ZONING DISTRICT Commissioner Fisher raised the issue of setbacks and buffers in the RP (Residential Performance) Zoning District, particularly when the RP Zoning is adjacent to an RA (Rural Areas) property that is not within the Urban Development Area (UDA). Commissioner Fisher said that this issue was raised again this evening with the Southern Hills master development plan and it continues to be an issue on applications that come before the Commission. He believed that a recommendation from the Planning Commission to the Development Review & Regulations Subcommittee (DRRS) to keep this item on their agenda until it is resolved would be appropriate. The other Commission members agreed. Upon motion made by Commissioner Light and seconded by Commissioner Straub, the Planning Commission unanimously voted to send the issue of setbacks and buffers in the RP (Residential Performance) Zoning District to the DRRS as a priority item for this year. ADJOURNMENT • No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:55 p.m. submitted, L% DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of January 7, 2004 Page 1236