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HomeMy WebLinkAboutPC_04-07-04_Meeting_MinutesMEETING MINUTES i 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 April 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; John H. Light, Stonewall District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District, Robert A. Morris, Shawnee District; and Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II; Mark R. Cheran, Planner I; and Renee S. Arlotta, Clerk. 11 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MARCH 3, 2004 Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, the minutes of March 3, 2004 were unanimously approved as presented. Frederick County Planning Commission Minutes of April 7, 2004 Page 1268 -2- • COMMITTEE REPORTS • Development Review & Regulations Subcommittee (DRRS) - 03/25/04 Mtg. Commissioner Unger reported that the DRRS discussed the 100' setbacks in the Rural Areas; however, they decided to postpone any decisions until after the Visioning Sessions on the Rural Areas were held with the public. Commissioner Unger said that the DRRS also discussed uses in the B2 District and will continue work on that topic. Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light said that the CPPS did not have a meeting, however, he reported that the rural areas study is ongoing and has completed the first phase by finishing up with the stakeholders meetings. Commissioner Light said that they are now ready to go into the second phase, which is the public visioning work sessions and everyone is invited to attend. He announced that the first meeting is Monday, April 12, at Frederick County Middle School; the second meeting is Tuesday, April 13, at Indian Hollow Elementary School; the third meeting is Thursday, April 15, at Armel Elementary School; the fourth meeting is Tuesday, April 20, at Stonewall Elementary School; and the fifth meeting is Thursday, April 22, at Middletown Elementary School. Sanitation Authority - 03123/04 Mtg. Commissioner Fisher reported that the SA's Engineer/Director, Wellington Jones, reviewed plans for possible expansion of flow rates for the Parkins Mill Plant and the projected time schedule with design is mid 2007. He said the Sanitation Authority had also been asked to look into the possibility of taking over the utilities at Lake Holiday, which involved discussions on existing conditions at Lake Holiday and possible liabilities. He said that despite some negative comments, the Authority agreed to keep the subject open and to continue discussions with representatives from Lake Holiday. PUBLIC HEARING Rezoning #02 -04 of the Sempeles Property, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres from RA (Rural Areas) District to MI (Light Industrial) District. This property is located east and adjacent to Martinsburg Pike (Rt. 11 North) and north and adjacent to Woodbine Road (Rt. 669), and is identified with P.I.N.s 34 -A -2 and 34 -A -4 in the Stonewall Magisterial District. 0 Frederick County Planning Commission Minutes of April 7, 2004 Page 1269 -3- ® Action - Recommended Approval with Proffers Commissioner Light announced that he would abstain from all discussion and voting on this rezoning due to a possible conflict of interest. Christopher M. Mohn, Deputy Planning Director, read the background information for the proposed rezoning. He stated that the site does not contain any notable environmental features and comments received from the various reviewing agencies were generally positive. He noted that the Comprehensive Policy Plan articulates the planned land uses applicable to the subject parcels through the policies of the Northeast Land Use Plan ( NELUP) and that the NELUP designates the subject parcels for industrial and business development. He added that the site is located within the Sewer and Water Service Area (SWSA) and the development program proposed through the requested rezoning is consistent with the adopted policies of the Comprehensive Policy Plan. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the project, presented the rezoning proposal to the Commission. Mr. Lloyd Ingram of VDOT was also available to answer questions from the Commission. Mr. Ingram of VDOT believed the transportation problems had been substantially addressed, especially in light of the improvements that were made at the Rest Church bridge and the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11). He further noted that Woodbine Road had been improved as an industrial access roadway. He said that VDOT did not foresee any potential future problems arising from this site. • During the public comment portion of the meeting, a member from the Board of Trustees of Rest United Methodist Church, Mr. Fred VanMeter, came before the Commission to express the board's concern with traffic conditions in the area. In particular, it was noted that access to the church site had been significantly constrained due to the recent improvement project involving the Rest Church Road bridge. Mr. VanMeter said the board was primarily concerned with VDOT's response to the reported site access problems, and had no objection to the subject rezoning application. A copy of a letter submitted by the Rest United Methodist Church Board of Trustees to Senator Russell Potts concerning the access issue and VDOT's response to date was included with the official record of this application. The primary area of discussion among Commissioners was the anticipated truck traffic that would be generated by this site. In particular, the applicant and VDOT were questioned regarding the extent to which the proposed transportation plan accounted for the coordinated flow and stacking of truck traffic associated with the Sempeles site and the Flying J facility located on the opposite side of the interchange. Although some Commissioners believed gridlock would result from the close proximity of Route I 1 to Interstate 81, coupled with the traffic generated by the Flying J site and existing vehicular traffic, the majority of members believed the traffic issues were solvable. A request was made for the applicant to present specific methods for traffic coordination at the master development plan stage. Concern was also raised for impacts to the existing residential uses fronting on Route 11 and the applicant assured the Commission that noise and light infiltration would be addressed. • Frederick County Planning Commission Minutes of April 7, 2004 Page 1270 4- ® Upon motion made by Commissioner Thomas and seconded by Commissioner Fisher, the Planning Commission recommended approval of the rezoning by a majority vote as follows: YES (TO APPROVE) Unger, Thomas, Ours, Fisher, Rosenberry, DeHaven NO: Gouchenour, Morris, ABSTAIN Light (Please note: Commissioners Straub, Watt, Kriz, and Triplett were absent from the meeting.) PUBLIC MEETING Master Development Plan 901 -04 for The Townes at Eastside Village, submitted by Painter- Lewis, PLC, for up to 25 townhouses. This property is located at 155 Dodge Avenue (Rt. 716), and is identified with P.I.N. 54 -A -115, in the Red Bud Magisterial District. Action - Recommended Approval Jeremy F. Camp, Planner II, read the background information and review agency comments. He said that this master development plan was consistent with the requirements of the zoning ordinance. Planner Camp said the applicant has agreed to provide a ten -foot wide bicycle trail easement along the south property line in the case a future trail along Abrams Creek becomes a County project. He said that access will be provided off of Dodge Avenue and at this time, no access is proposed through Anderson Avenue or through the Dowell J. Howard Vocational School. Planner Camp concluded by saying that all of the reviewing agencies have reviewed and have granted approval of the preliminary master development plan. Mr. Timothy G. Painter and Ms. Sarah Sarina with Painter- Lewis, PLC, the design engineers for the project, gave an overview of the project for the Planning Commission. Two residents on Anderson Avenue, Ms. Debra Frame and Mr. Thomas Wilhelm, were opposed to the development of this parcel with townhouses. They shared concerns about the additional traffic on local streets that they believed were too narrow to accommodate two -way traffic. They spoke about the current difficulty with trying to access Rt. 7 and Valley Mill from Dairy Comer Place. In addition to traffic concerns, they raised issues about the safety of school children, the existing aged and stressed sewer system, and the impact of run -off on Abrams Creek and adjoining residential properties. Members of the Commission pointed out that this was a by -right use and Frederick County is very much in need of affordable housing. They believed the proposal was aesthetically appealing and the design engineer had exceeded County requirements, especially in light of the density that could be attained on this property by -right. They recognized that the transportation issues in this area were acute and pre - existing, but did not believe this one property owner should be held responsible. 0 Frederick County Planning Commission Minutes of April 7, 2004 Page 1271 -5- • Upon motion made by Commissioner Morris and seconded by Commissioner Ours, the Planning Commission recommended approval of the master development plan by the following majority vote: YES (TO APPROVE) Rosenberry, Fisher, Ours, Thomas, DeHaven, Light, Morris, Unger NO: Gochenour (Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.) Master Development Plan 402 -04 for Crossroads Commercial Center, submitted by Greenway Engineering, for commercial and office uses. The property is located at the northeast corner of the intersections of Fairfax Pike (Rt. 277) and Double Church Road (Rt. 641), and is identified with P.I.N.s 86 -A -10 and 86 -A -11 in the Opequon Magisterial District. Action - Recommended Approval of Landscape Buffer and Open Space Waiver Request Action - Recommended Approval of Entrance Spacing Waiver Request for Right -Hand Turn Lane Action - Recommended Approval of MDP #02 -04 of Crossroads Commercial Center Chairman DeHaven said that he would abstain from all discussion and voting on this master development plan due to a possible conflict of interest. He turned the chairing of the meeting over to Vice • Chairman Thomas for this item. Planner Jeremy F. Camp read the background information and the reviewing agencies' comments. Planner Camp explained that the applicant is requesting the approval of two waivers with the review of this master development plan. He said the first waiver concerns the requirement for a zoning district buffer adjacent to the existing residential uses. He said the applicant desires to use the existing 50' of woodlands around the perimeter in lieu of the required full screen. Planner Camp said the second waiver requested by the applicant deals with the entrance spacing requirements to allow a right -in only entrance off of Fairfax Pike (Rt. 277). He explained that the zoning ordinance requires a 200' entrance spacing requirement from the intersection of Double Church Road (Rt. 64 1) and Fairfax Pike (Rt. 277). Based on the scale of the proposed master development plan, the proposed right -in only entrance would be approximately 150' from this intersection. Mr. Evan A. Wyatt of Greenway Engineering, the design engineers for this project, explained the need for the requested waivers to the Commission. During the discussion of the full- screen waiver request and retention of the existing woodlands strip, a member of the Commission pointed out that frequently, it is necessary to remove trees when utilities are installed. Mr. Wyatt suggested that the applicant could conduct an evaluation at the site plan stage and the woodland areas disturbed by utility extensions could be supplemented with additional plantings. In addition, he said they would incorporate a narrative on the master plan to this effect. Mr. Wyatt cited the limited amount of road frontage as the reason for the entrance spacing waiver request and believed that granting the waiver was appropriate because the proposed entrance was for a "right- turn-in -only" movement. • Frederick County Planning Commission Minutes of April 7, 2004 Page 1272 ® Commission members recognized the traffic problems along Fairfax Pike (Rt. 277) and noted that the needed improvements will more than likely be accomplished through future development, such as the one proposed. They wanted to make sure that those improvements were coordinated to ensure the County received what is ultimately needed for Fairfax Pike (Rt. 277). It was also noted that the traffic patterns in the area were likely to change once Warrior Drive opens. In addition, the Commission members discussed with the applicant safety concerns with the right -turn lane, in light of the three adjoining residential driveways. In conclusion, Commissioners noted that this was a by -right use and the property has been commercial for a number of years; they believed this developer had proposed some significant improvements that will help to mitigate the impact at this location. Vice Chairman Thomas called for citizen comments, however, no one came forward to speak Three separate actions were taken by the Commission, as follows: Upon motion made by Commissioner Ours and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Landscape Buffer and Open Space Waiver Request including the restoration of areas disturbed by utility installation. YES (To Approve) Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour ABSTAIN DeHaven • (Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.) Upon motion made by Commissioner Ours and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Entrance Spacing Waiver Request for a right -hand turn lane closer than 200' to an intersection, by the following majority vote: YES (To Approve) Unger, Morris, Light, Ours, Fisher, Rosenberry, Thomas NO: Gochenour ABSTAIN DeHaven (Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.) is Frederick County Planning Commission Minutes of April 7, 2004 Page 1273 7- E Upon motion made by Commissioner Ours and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of MDP #02-04 of Crossroads Commercial Center, submitted by Greenway Engineering, for commercial and office uses located at the northeastern corner of the intersections of Fairfax Pike (Rt. 277) and Double Church Road (Rt. 641), by the following majority vote: YES (To Approve) Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger NO: Gochenour ABSTAIN DeHaven (Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.) Chairman DeHaven resumed the conduction of the meeting at this point. Master Development Plan #03 -04 for Fieldstone Subdivision, submitted by Greenway Engineering, for up to 63 single - family detached urban homes and 225 townhouses. The property is located south of Valley Mill Road (Rt. 659), to the east of Carlisle Heights Subdivision, and is identified with P.I.N. 55 -A- 181, in the Red Bud District. Action - Recommended Denial Planner Jeremy F. Camp stated that this parcel of land is proposed to be developed in two phases: Phase 1 will be located west of Channing Drive and consist of 63 single - family detached urban lots and Phase 2 will be located east of Channing Drive and consist of 225 townhouses. Planner Camp said the proposed revised plan is to modify only Phase 2 from 90 single - family detached urban units to 225 tovmhouses, changing the overall gross residential density from 1.6 units per acre to three units per acre. He said that, in addition, the applicant is requesting that the Planning Commission approve a waiver to allow the proposed private street system to exceed 500 feet. Mr. Lloyd Ingram of VDOT verified that a revised traffic impact analysis (TIA) was submitted and VDOT was satisfied because the applicant had agreed to install three turn lanes, in addition to entering into a signalization agreement where Channing Drive and Nassau intersect. Commission members questioned VDOT's satisfaction with the TIA in light of all of the traffic that would be utilizing the one -lane bridge to get to Rt. 7. Mr. Ingram said that VDOT has predicted the traffic would travel the route of least resistance, proceeding to Greenwood and down to Rt. 7, rather than attempting to traverse the bridge. u Frederick County Planning Commission Minutes of April 7, 2004 Page 1274 8- Mr. Evan A. Wyatt of Greenway Engineering, the design engineers for this project, gave an • overview of the project for the Commission and explained the details of the waiver being requested. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. and Mrs. Timothy Stafford, the owners of the 85 -acre Valley Mill Farm, LLC at 1494 Valley Mill Road expressed concerns about traffic, the impacts of additional sediment in Abrams Creek, the loss of historic integrity of their property, the impact on their quality of life, and the incapacity of the one -lane bridge to handle additional traffic. Mr. and Mrs. Stafford offered to dedicate a portion of the northern part of their property for access, rather than channeling traffic to the one -lane bridge. Mr. Walter Johnson, a resident of Mill Race Estates, was opposed to the requested change from single family to townhouses and the increase in density. He cited the traffic congestion on Valley Mill Road and the incapacity of the one -lane bridge to handle the traffic. He did not think this area could handle the amount of traffic that would be generated by the increase in development. Mr. William Schuller was opposed to the townhouses because of the additional traffic it would generate. Mr. Schuller was displeased with the road work that has been done so far. Mr. Richard Racey, adjacent property owner, was opposed to the townhouses because of existing overcrowded schools, traffic congestion, and safety issues related to traffic on Valley Mill and Greenwood Road. . Mr. Gary Adams, the executor and listing agent for the Goldie's LC tract to the east, commented that he would like to see Nassau Drive stubbed at the eastern property line of the Fieldstone tract. Without this connection, he was concerned that his property may be considered landlocked for future development. Members of the Planning Staff commented that there has been considerable discussion regarding subsequent development to the east. They commented on the overall transportation benefit of staffs recommendation for a continuation of Nassau to the east, possibly creating a connection to Rt. 7 that would skip beyond the one -lane bridge. Members of the Planning Commission were concerned about the increase in density from previous master development plans for this parcel, especially in light of the transportation problems. They pointed out the possibility of potential acceptable transportation solutions, although none had been presented for the Commission's consideration. Upon motion made by Commissioner Light and seconded by Commissioner Rosenberry, the Planning Commission recommended denial of the master development plan by the following majority vote: is Frederick County Planning Commission Page 1275 Minutes of April 7, 2004 YES (FOR DENIAL) Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour ® NO: DeHaven (Commissioners Straub, Watt, Kriz, and Triplett were absent.) In addition, a motion was made by Commissioner Light and seconded by Commissioner Fisher to recommend denial of the waiver request. This was also passed by a majority vote as follows: YES (FOR DENIAL) Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour NO: DeHaven (Commissioners Straub, Watt, Kriz, and Triplett were absent.) Subdivision 05 -04 of Daniel McKee/ Echo Village for two single - family detached traditional lots, zoned RP, containing a minimum of 15,000 square feet each. This property is located on Fay Street (Rt. 814), approximately 350' west of Rt. 11, in the Shawnee Magisterial District. Action - Recommended Approval • Patrick T. Davenport, Zoning and Subdivision Administrator, stated that the two proposed lots will be accessed by a single private lane, which will be maintained by the two property owners. Administrator Davenport commented that there is some urgency behind this request because of a timing issue relating to funding available by VDOT that could be used to help remedy a serious drainage issue for the properties along King Street. Administrator Davenport next described the waiver requests being sought in conjunction with this subdivision request, as follows: 1) a request for a waiver of the master development plan has been granted by the Planning Director; 2) a request for a waiver of the state road frontage requirement for both lots; 3) a request for a waiver of the minimum lot width at front setback for Lot 41 (an g0 foot lot width at the front setback is required and Lot 41 as shown is approximately 70 feet). Administrator Davenport explained that it would be appropriate to forward a recommendation to the Board of Supervisors which would include these requested waivers and the ability for staff to administratively approve the plats when all of the requirements have been met. Regarding the timing of the consideration of this request, Planning Director Eric R. Lawrence stated that VDOT has some project money available; however, engineered plans must be submitted by the end of April for VDOT to fund the project. Director Lawrence said that the developer of these two lots has contracted Triad Engineering to do all of the storm water management designing that VDOT requires, but obviously, the developer was not going to proceed unless they could construct two houses on the property. u Frederick County Planning Commission Page 1276 Minutes of April 7, 2004 -10- Director Lawrence said that the urgency of the matter is to take this request through the • Planning Commission and the Board of Supervisors, so that if the County believes the drainage improvement project is appropriate, VDOT's funds can be utilized by the end of the month. Chairman DeHaven said that he strongly supported any opportunity to address the long- standing drainage issues that have existed in this area, without it being a burden to anyone. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Ours and seconded by Commissioner Unger, BE IT RESOLVED, That in consideration of Subdivision #05 -04 of Daniel McKee/ Echo Village for two single - family detached traditional lots located on Fay Street (Rt. 814), th Frederick County Planning Commission does hereby recommend approval of the request for a waiver ofthe state road frontage requirement for both lots; a request for a waiver of the minimum lot width at front setback for Lot # 1; and the authority for staff to administratively approve the subdivision, by the following majority vote: YES (TO APPROVEI Unger, Morris, Light, DeHaven, Thomas, Ours, Fisher, Rosenberry NO: Gochenour (Commissioners Straub, Watt, Kriz, and Triplett were absent.) • 11 DISCUSSION DISCUSSION OF AN ORDINANCE AMENDMENT FOR THE DEFINITION OF RESTAURANT AND RESTAURANT USE IN THE B3 DISTRICT Planner Mark R. Cheran stated that the Frederick County Zoning Ordinance allows restaurant use in most of the business and industrial districts. Planner Cheran said that the Development Review & Regulations Subcommittee, at their meeting of February 26, 2004, recommended adding restaurant uses in the B3 Zoning District, and changing the current definition of a restaurant. Planner Cheran neat reviewed the amendments with the Planning Commission. Commission members believed the amendments were appropriate and helped to clarified the definition and the ordinance. There were no public comments. The Planning Commission instructed the staff to proceed with advertisements for a public hearing. Frederick County Planning Commission Minutes of April 7, 2004 Page 1277 -11- OTHER JOINT WORK SESSION Planning Director Lawrence announced that there will be a joint work session between the Planning Commission and the Board of Supervisors on May 11, 2004, at 12:00 noon to discuss the rural areas studies. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a 0 unanimous vote at 10:30 p.m. Respectfully submitted, ( 2 �) I J a..- -- Charle¢ S. DeHaven, Jr., Chairman I1 ` • N Eric R. l�r6nce3ecretary • Frederick County Planning Commission Minutes of April 7, 2004 Page 1278