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PC_05-05-04_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 May 5, 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; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; John H. Light, Stonewall District Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; and Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II, 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. 0 COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 04/29/04 Mtg. Commissioner Unger reported that the DRRS discussed what uses should belong in the B2 Zoning District. He said the DRRS should be forwarding their results to the Commission in the near future. Frederick County Planning Commission Minutes of May 5, 2004 Page 1286 -2- • Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CPPS has finished all of the visioning sessions for the rural areas study with the public. Commissioner Light said the CPPS will have its meeting with the Board of Supervisors on May 11. He said the next meeting of the CPPS will be held on May 24, 2004. Transportation Committee - 05/04/04 Mtg. Commissioner Kriz reported that the Transportation Committee had an informational meeting for all the new members. He said the Transportation Committee held election of officers and Mr. Don Taylor was reelected as Chairman and Mr. James Racey was elected as Vice Chairman. Commissioner Kriz said that next month's meeting will be to discuss recommendations for road improvements. Historic Resources Advisory Board Commissioner Gochenour reported that the HRAB will begin theirtraining sessions which will • help the members of the HRAB in reviewing historic applications and will assist with overall HRAB meeting procedures. Commissioner Gochenour said the training session is scheduled for May 14, 2004 from 1:30 to 4:30 p.m. and on June 3, 2004 from 1:30 to 7:00 p.m. PUBLIC HEARING Conditional Use Permit 406 -04 of East Side Raw Bar & Grill for the expansion of a non - conforming use at 1815 Millwood Pike (Rt. 50 East). This property is identified by P.I.N.s 64 -A -144 and 64 -A -145 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions County Planner, Mark R. Cheran, stated that this property is currently operating as a restaurant and the proposed conditional use permit (CUP) will bring the property into conformance with the Frederick County Zoning Ordinance and specifically, with the restaurant use in the RA Zoning District. Planner Cheran noted that a restaurant has operated on this site since the 1960's. Planner Cheran explained that the applicant proposes to add a 1,100 square -foot outdoor dining deck. He said the site has a 34 -space parking lot and the parking lot area is in compliance with the requirements for parking areas in the RA Zoning District. In conclusion, Planner Cheran said that granting approval of the CUP will accomplish two things: first, it will legitimize the seafood restaurant; and second, it will enable the property owner to construct an outdoor seating area. Planner Cheran read three recommended conditions for granting the CUP. Frederick County Planning Commission Minutes of May 5, 2004 Page 1287 3- • Mr. and Mrs. James Dill, the property owners and applicants, were available to answer questions from the Commission. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues were raised by members of the Commission and they believed the use was appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Fisher and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 906 -04 of Fast Side Raw Bar & Grill for the expansion of a non - conforming use at 1815 Millwood Pike (Rt. 50 East) with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. Any future expansions of this restaurant use shall be in compliance with Section 165 -27 of the Frederick County Zoning Ordinance, as related to parking areas and landscaping. All improvements shall be in place prior to any building permits being issued. Any change of use or modification of more than 2,000 square feet (deck or building), shall require a site plan and a new conditional use permit. • Rezoning #05 -04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc., to rezone .78 acres from RP (Residential Performance) District to B2 (Business General) District. This property is located east of Winchester and north of Rt. 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant, and is identified with P.I.N.s 64A -2 -12 and 64A -2 -13 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions County Planner, Jeremy F. Camp, presented the background information and the reviewing agencies' comments. Planner Camp said the applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the. 78-acre site for parking. He said that the proffer to limit the future use of the subject property as a parking lot only, along with the other proffered conditions, help mitigate much of the impact that this rezoning will have. Mr. Ronald Mislowski with G. W. Clifford & Associates, Inc., the design engineers for this project, presented the rezoning to the Commission and reviewed the proffers being offered. Mr. Mislowski said they have proffered the limitation of only one commercial entrance on Tulane Drive for the entire future hotel site; no entrances shall be located on the property proposed for rezoning. In addition, a modification of the existing entrance along Millwood Pike (Rt. 50) would restrict the entrance and exist of eastbound traffic. He noted the provision for a landscape screen to be located on the outside of a six -foot tall opaque fence, consisting • Frederick County Planning Commission Minutes of May 5, 2004 Page 1288 -4- • of either block or board, along the east and north property lines; there will be a continuous evergreen hedge row planted along Tulane Drive. Mr. Mislowsky stated that this buffer, together with the numerous existing trees, will create a dense landscape screen. Mr. Mislowsky said the parking of trucks, trailers, or buses was certainly not a part of their plans for this area. Commissioners preferred to see some guarantee from the applicant that tractor trailers and buses would not be parked on the proposed lot. In addition, Commissioners asked for a commitment from the applicant that lighting would not be obtrusive to adjoining residents. Board of Supervisors' Liaison, Barbara Van Osten recommended that ornamental block, rather than cinder block, be used to enhance the appearance of the opaque fence. Chairman DeHaven called next for citizen comments and the following persons came forward to speak in opposition to the rezoning: Mr. Keith Bryant, a resident of College Park, stated that the lot proposed for rezoning is within an established residential neighborhood and he was concerned that the property values and quality of life for the adjacent residential homes would be negatively impacted. He was opposed to business use for this property and hoped there was some way for it to retain its residential appearance. Mr. Noland Walker, a College Park resident, stated that the current owner of the parcel under consideration has done a poor job of maintaining the property. He reported numerous occasions where trash was littered over the streets and he has observed multiple tractor - trailers parked on the lot. Mr. Walker • believed the use of this property for business would negatively impact the established residential neighborhood. He was also concerned about the appearance of business signs. Mr. Chris Miller, a resident at 106 Price Drive, said that he was speaking for all the residents along Price Drive and he expressed concern that the parking area would be used for tractor trailers and buses, resulting in a noise problem. Mr. Miller did not believe the screening or fence would shield the adjoining residents from the noise generated by the all -night idling of tractor trailers and buses. Mr. Miller talked about the impacts from Shenandoah College that the residents are currently experiencing with litter and noise. Mr. Lance Moss, a resident of College Park, stated that this was an existing residential neighborhood and he feared this proposed rezoning would set a precedent to allow additional commercial uses to encroach on their neighborhood. Mr. Moss believed the establishment of a'parking area here would negatively impact the residents' property values. He said that the previous property owner, Mr. Fleet, had maintained his property so well, many considered it to be a showplace; in contrast, the current ownerhas poorly maintained the property. He said that if this property owner could not keep up the appearance of the property now, then he would not do a good job of maintaining the parking lot or screening in the future. Mr. Paula Shields presented photographs of the property proposed for rezoning. Ms. Shields also had the opinion that if the current property owner had shown no respect for the adjoining neighborhood now, then he more than likely would not take care of the property and screening or fencing in the future. Mr. Jessie Britt, a resident on Yale Drive in College Park, also commented that the previous owner, Mr. Fleet, had kept his house and property like a showplace. Mr. Britt was concerned that eventually, the applicant would seek to add additional entrances to the parking lot. He said that his neighborhood is • Frederick County Planning Commission Minutes of May 5, 2004 Page 1289 -5- • already being impacted by the Super 8 Motel and he was opposed to any commercial development at this location. Mr. and Mrs. Oates, adjacent property owners, complained that the applicant has not maintained property; Mr. Oates said the grass is not mowed, the hedges are not trimmed, and tall tree stumps were left where three trees were cut. Mr. Oates was concerned about guests of the hotel trespassing onto his property with their pets. He also complained about debris and trash that the applicant is storing on this property. He asked the Commission to recommend denial of this rezoning request. Mr. Ronald Walter spoke of how well manicured this lot was kept by the previous owner, Mr. Fleet. Mr. Walter did not believe the new property owners would adequately maintain the property as a commercial site, when they could not maintain it as a residential site. He presented photographs of the property under consideration. Mr. Walter feared the rezoning of this parcel would set a precedent for future commercial rezonings in this area. In addition, Mr. Walter said that he had the assumption that students were not going to be permitted to use the driveway installed by Shenandoah College; he said there was no speed limit posted on that road and he had safety concerns. Mrs. Connie Moss mentioned that there were already four hotels in this immediate area with one more under construction. She said that she and her husband are raising a family in this neighborhood and would like it to remain residential. She did not believe a fence and shrubbery would keep her family safe and secure. Mr. Denny Place, a local resident for 41 years, was concerned about other B2 uses that could be allowed, once this property is rezoned. • Mrs. Sharon Elkins, stated that she grew up in the College Park subdivision and her mother still resides there. Mrs. Elkins was concerned about the appearance of this area as visitors approach the Shenandoah College. She also spoke of how terrible the intersection of Route 50 and Route 522 had become; she believed adding more businesses would only make it worse. She described the Fleet's home and property as a cornerstone for the community when Mr. Fleet owned it; she did not believe the current owner would keep up with the maintenance. She was concerned about the safety and security of the residents of the neighborhood. Ms. Paula Bryant, a resident of Yale Drive, agreed with all the comments that were made. She was concerned about the negative impacts this proposed commercial use might have on the existing residential neighborhood. Ms. Ginny Fresnahand, a resident at the comer of Harvard Drive and Price Drive, voiced her concerns about the affects of this rezoning on the safety and security of her neighborhood. She was also concerned about trash and the appearance of the site. Mr. Chris Miller returned to the podium and presented photographs to the Commission. Mr. Miller didn't believe the developer would maintain the parking lot and screening because he had done a poor job of maintaining t e property so far. He said the property has not been mowed since the beginning of the year. Mr. Lance Moss returned to the podium and said that the developer has not mentioned how this potential business would be of any benefit to Frederick County. • Rederi ck tbmt y H anti ng m mrissi on Minutes of May 5, 2004 Page 1290 M • Mr. Mislowsky returned to the podium and pointed out that with the approval of the master development plan for Shenandoah University and the Tulane Drive extension, the nature of Tulane Drive was changed; he said that it ceased being a residential street and is now a public thoroughfare that will increasingly be used. While he understood the residents' concerns about losing the dwelling, he said that this request is a natural extension of the commercial uses along Rt. 50 and Tulane Drive. He assured the Commission that this parking lot will be screened from all residential views. In conclusion, Mr. Mislowsky believed they could address the issues raised and asked the Commission to table this rezoning in order to give the applicant an opportunity to rework their proffers. Mr. Lloyd Ingram of VDOT was available to take questions from the Commission. A member of the Commission asked if sufficient easement was available along this property for future improvements to Rt. 50, such as widening and turn lanes. Mr. Ingram believed that VDOT was okay in that regard; he speculated that the long -term road plan would show a re- location of Rt. 522, which would tie into Rt. 50 to the east of this location. Commissioner Morris made a motion to table the rezoning application in order to give the applicant the opportunity to address the concerns raised by the citizens and the Commission. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Application 405 -04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc., to rezone .78 acres from RP (Residential Performance) District to B2 (Business General) District, to allow the applicant the opportunity • to address the concerns raised by the citizens and the Commission. The vote was as follows: YES (TO TABLE) Triplett, Fisher, Kriz, Morris, Unger, Gochenour, Straub, DeHaven NO: Thomas, Light, Watt (Commissioners Rosenberry and Ours were absent from the meeting.) Request for removal of Parcel 63- (A) -1, consisting of 183.01 acres and owned by the John T. Solenberger Trust, from the South Frederick Agricultural and Forestal District. Action - Recommended Approval Commissioner Unger said that he would abstain from all discussion and voting on this request due to a possible conflict of interest. County Planning Director, Eric R. Lawrence, stated that the John T. Solenberger Trust desires to remove the referred 183.01 -acre parcel from the South Frederick Agricultural and Forestal District. Director Lawrence said that the property owner notes that this request was prompted by the recent adoption of the West Jubal Early Land Use Plan (WJELUP), which calls for suburban residential and mixed use development on • land located north and adjacent to the subject acreage. He explained that removal from the South Frederick Frederick County Planning Commission Page 1291 Minutes of May 5, 2004 -7- • Agricultural and Forestal District is necessary to begin planning efforts for the subject acreage that is intended to result in its inclusion within the County's Urban Development Area (UDA). Director Lawrence reported that the Agricultural District Advisory Committee (ADAC) considered this request at their meeting of March 18, 2004, and unanimously recommended approval of the withdrawal request. Mr. Evan A. Wyatt with Greenway Engineering, the firm representing the property owners in this request, was available to answer questions from the Commission. Chairman DeHaven called for public comments, however, no one came forward to speak. No outstanding issues were raised by the Commission members and a motion was made by Commissioner Kriz and seconded by Commissioner Triplett to recommend approval of the request. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by the John T. Solenberger Trust to remove Parcel 63- (A) -1, consisting of 183.01 acres, from the South Frederick Agricultural and Forestal District. YES (TO APPROVE) Triplett, Fisher, Kriz, Thomas, DeHaven, Light, Morris, Watt, Gochenour, Straub ABSTAIN Unger (Commissioners Rosenberry and Ours were absent from the meeting.) • An ordinance to amend the Frederick County Code, Article X, Business and Industrial Zoning Districts, Chapter 165 -82, District Use Regulations, by the addition of SIC 58, Restaurants. Action - Recommended Approval County Planner Mark R. Cheran stated that the Frederick County Zoning Ordinance allows restaurant use in most of the business and industrial districts, however, the ordinance does not currently permit this use in the B3 (Industrial Transition) District, the RP (Residential Performance) District, or the EM (Extractive Manufacturing) District. Planner Cheran said that the Development Review and Regulations Subcommittee (DRRS) discussed adding restaurant use in the B3 (Industrial Transition) Zoning District and, at their meeting of February 26, 2004, recommended that this use be added to the B3 District. No issues of concern were raised by the Planning Commission and members believed the amendment was appropriate. There were no citizen comments. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the ordinance to amend the Frederick County Code, Article X, Business and Industrial Zoning Districts, Chapter 165 -82 District Use Regulations by the addition of SIC 58, Restaurants. • Frederick County Planning Commission Minutes of May 5, 2004 Page 1292 • (Commissioners Rosenberry and Ours were absent from the meeting.) PUBLIC MEETING Master Development Plan #04 -04 for Hiatt Run Adult Community, submitted by Painter- Lewis, P.L.C., for 47 single - family small lot dwelling units on 10.325 acres, zoned RP (Residential Performance) District. The property is located at the intersection of Route 11 and Route 838, near Stephenson, and is identified with P.I.N.s 44 -A -17 in the Stonewall Magisterial District. Action - Recommended Approval County Planner Jeremy F. Camp stated that this preliminary master development plan is a revision of the Hiatt Run Condominiums Preliminary Master Development Plan that was recommended for denial by the Planning Commission at their meeting on December 3, 2003. Planner Camp explained that the proposed revision was submitted by the applicant with the aim of providing an alternative type of development which would be more compatible with the surrounding area. He said that the most significant changes associated with the revision include a reduction in density, a reduction of building height, the elimination of one entrance off of Martinsburg Pike, a reduction in the number of vehicle trips per day, and the addition of a landscape screen along the eastern property line. He said the changes address the majority of the concerns of • the Planning Commission and the Historic Resources Advisory Board (HRAB) that were raised at the Commission's December meeting. Mr. Timothy Painter of Painter -Lewis P.L.C., the design engineers, described the revised development proposal to the Commission. Mr. Painter noted a reduction in the density from 96 to 47 units; he noted that the proposed 1'h -story structures are typical of Cape Cods with a bonus room; he anticipated that the adult community would have no impact on schools and little traffic impact; he described the six -foot berm d ong R 11 andt he 1 andscaped screent of he east and nut 11 and he pd rt ed ott t htt t he st one vdl d ong McCann Road will not be disturbed. A member of the Commission voiced concern that some of the lots may be impacted by the flood plain. Mr. Painter replied that a flood survey analysis will be conducted at the subdivision design and plat phase and the flood plain boundary will need to be identified in greater detail. He said that they will not impact the riparian buffer or the stream. Other members of the Commission had questions regarding the provision of sufficient parking for the community center, whether the perimeter landscaping would provide sufficient screening of the site, and marketing methods used to exclude all but the targeted buyers in an adult community. Mr. Sarkis Satian, representing Land Quest, Inc., the property owner, explained how the property is marketed for adults who are 50 years and older. Members of the Planning Commission were pleased the applicant had redesigned the plan and they believed the revised proposal was far more compatible with the surrounding area than the previous development plan. Members of the Commission commended the applicant and the design engineer for their U Frederick County Planning Commission Minutes of May 5, 2004 Page 1293 MIZ • efforts. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 904 -04 for the Hiatt Run Adult Community, submitted by Painter - Lewis, P.L.C., for 47 single - family small -lot dwelling units on 10.325 acres, zoned RP (Residential Performance) District. (Commissioners Rosenberry and Ours were absent from the meeting.) OTHER JOINT WORK SESSION - PLANNING COMMISSION AND BOARD OF SUPERVISORS Planning Director Eric R. Lawrence announced that there would be a Joint Work Session of the Planning Commission and the Board of Supervisors on Tuesday, May 11, 2004 at 12:00 noon to discuss the Rural Areas Study results from the public meetings that were held over the previous three weeks. Director Lawrence added that the Comprehensive Plans & Programs Subcommittee members have also been invited. • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:40 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary • Frederick County Planning Commission Minutes of May 5, 2004 Page 1294