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PC_06-20-01_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 20, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District, Charles E. Triplett, Gainesbom District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison, Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District and Cordell Watt, Back Creek District; STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; Candice Mills, Sumner Intern; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 16, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of May 16, 2001 were unanimously approved as presented. Comprehensive Plans & Programs Subcommittee (CPPS) - 06/11/01 Mtg. Commissioner Light reported that the CPPS discussed the following issues: groundwork for a PDR Program, insight into future development in Frederick County; the potential of cleaning up the Water and Sewer Service Area around Pioneer Trailer Park. Frederick County Planning Commission Minutes of June 20, 2001 Page 681 -2- 0 Historic Resources Advisory Board (HRAB) - 06/19/01 Mtg. Commissioner Morris reported that the HRAB was presented with an overview of a potential rezoning of 150 acres of land at Exit 317 on I -81 (Duncan/Hoover property). He said that the proposal is for portions of the land to be rezoned to M1 (Industrial Limited), B2 (Business General), and B3 (Industrial Transition) Districts. He said that the HRAB discussed how to protect and preserve a portion of the property that is within the Rutherford Farm Core Area. Mr. Morris believed there was consensus among HRAB members that issues could be resolved. Mr. Morris added that Mr. Richard Duncan will be holding a news conference at the Winchester Regional Airport on June 21 at 11:00 a.m. regarding his rezoning and potential uses. Sanitation Authority (SA) - 06/19/01 Mtg. Commissioner Fisher reported that the SA discussed the purchase of water from Berkeley County, West Virginia to serve property at the 1 -81 Whitehall Exit; approved a $9.9 million operating budget for FY 01 -02; discussed the need to provide water service to six homes on Smithfield Avenue, approved a feasibility study for purchasing water from the Town of Front Royal; and held a public hearing on increased • water rates PUBLIC HEARINGS Conditional Use Permit #03 -01 of Kitty B. Hockman and Kitty Hockman- Nicholas for a Cottage Occupation for a Bed and Breakfast. This property is located at 688 Shady Elm Road (Hedgebrook Farm Log Guest House) and is identified with P.I.N. 74 -A -67 in the Back Creek District. Action - Recommended Approval with Conditions Mr. Evan A. Wyatt, Planning Director, announced that the Heckman's Conditional Use Permit (CUP) application is for a bed and breakfast only; he pointed out that the application, as well as the review agency comments, make reference to not only a bed and breakfast, but a gathering and meeting place. Mr. Wyatt said that the applicant has clarified this is their long -range vision for the property and this application is solely for the bed and breakfast. He said that if the applicant should decide in the future to proceed with the next phase, which would be the gathering and meeting places, they would need to come back before the Commission with a revised CUP. Mr. Jeremy F. Camp, Planner II, read the background information and noted that there were • Frederick County Planning Commission Minutes of June 20, 2001 Page 682 -3- no adverse comments from any of the review agencies. Mr. Camp said that the proposed bed & breakfast will • take place in a two - bedroom house located on the property. He reported that the house was at least 700 feet from both Shady Elm Road and Soldiers Rest Lane; he said the property is surrounded by like properties, and property setbacks are greater than required by the ordinance. Mr. Camp proceeded to read a list of conditions that could be placed on the CUP, should the Commission find the use appropriate. He added that the Planning Commission tabled this application at their May 16, 2001 meeting to allow staff the opportunity to provide a nearby property owner, who spoke during the meeting, with written notification. I Ms. Jackie Hon, Ms. Kitty Hockman's grandaughter, one of the applicants, came forward to represent this application. Ms. Hott presented an overview of what they want to establish by the proposed CUP. Mr. Thomas proposed that if the Health Department has not limited the operation to two bedrooms, that the Commission consider allowing the applicant some leeway on the number, of bedrooms, possibly for the approval of up to six bedrooms should they decide to expand their operation, so the applicant would not be required to come back before the Commission to revise their CUP. It was 'noted that the applicant would still have to meet all of the State requirements, however, they would not have to come back before the Planning Commission and the Board of Supervisors. There were no citizen comments regarding the proposed CUP. No issues of concern were raised by the Commission. Upon motion made by Mr. Unger and seconded by Mr. Kriz, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 403 -01 of Kitty B. Hockman and Kitty Hockman- Nicholas for a Cottage Occupation for a Bed and Breakfast at 688 Shady Elm Road (Hedgebrook Farm Log Guest House) with the following conditions: 1. All review agency comments and applicable state permits required for B &Bs shall be addressed within 90 days of approval and complied with at all times. 2. Based on the scale of the proposed bed and breakfast, Cottage Occupation sign requirements are appropriate. Signage shall not exceed four (4) square feet in area. 3. No more than six (6) bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion or change of use will require a new conditional use permit. n U Frederick County Planning Commission Minutes of June 20, 2001 Page 683 -4- • Conditional Use Permit #07 -01 of John Kevin Smith (Westside Auto Repair) for a Public Garage Without Body Repair. This property is located at 191 Tori Lane and is identified with P.I.N. 52 -14 -J in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Jeremy F. Camp, Planner II, read the background information and statedlthere were no adverse comments by any of the reviewing agencies. Mr. Camp stated that the applicant is requesting to operate a public garage without body repair in an existing detached garage that was constructed in 1996 for the applicant's towing service business. He further stated that the property is 4.5 acres and is located on a private dirt and gravel road that connects to Dicks Hollow Road (Rt. 608). Mr. Camp believed there would be minimal impact to surrounding properties, primarily because of the natural screening and topography in the rear of the applicant's property where the garage is located. Mr. Camp proceeded to read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. John Kevin Smith, the applicant and owner of the property, presented so le photographs of his property and the garage. Commissioner Morris asked Mr. Smith if this public garage would be his sole source of employment and Mr. Smith replied that it would. Mr. Smith added that he has operated a towing business from this same location since 1996. 1 Commission members asked Mr. Smith if he was agreeable to the eight'recommended • conditions of his permit and Mr. Smith replied that he was. Mr. Smith was also asked whether he planned to operate seven days per week and he replied that he planned to operate Monday through Saturday only. Chairman DeHaven called for citizen continents and the following persons came forward to speak in favor of Mr. Smith's proposed public garage: Mr. Donnie Shell, adjoining property owner at 149 Tori Lane, said that he cannot see Mr. Smith's garage from his house and he does not hear noise coming from his shop. Mr. Shell said that a public garage is a service that is needed in the area and Mr. Smith is a good mechanic with reasonable prices. Mr. Gary Drake, adjoining property owner at 200 Teri Lane, also spoke highly of Mr. Smith. Mr. Drake said that Mr. Smith is a good neighbor and mechanic, has reasonable prices, and doesn't make any noise. Ms. Sandra Henry, adjoining property owner at 226 Herman Lewis Lane, said that she had no problems with Mr. Smith operating his garage; she said that she never hears noise or commotion, the Smiths are good people, and Mr. Smith is a good mechanic with great rates. Mr. Richard Smith, the applicant's father and an adjoining property owner at 215 Tori Lane, said that his son keeps his property neat and there is no junk lying around. No one spoke in opposition. E Frederick County Planning Commission Minutes of June 20, 2001 Page 684 -5- Commissioner Fisher said that he visited the site and found it to be a clean and well -kept • operation. No issues of concern were raised by any of the Commission members. Upon motion made by Mr. Kriz and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #07 -01 of John Kevin Smith (Westside Auto Repair) for a Public Garage Without Body Repair at 191 Tori Lane with the following conditions: 1) All review agency comments shall be complied with at all times. 2) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four square feet in area. A sign permit must be issued by the County Building Inspections Department prior to the placement of a sign. 3) A building permit for the recently constructed garage addition must be submitted to the County Building Inspections Department within 30 days of this CUP approval. 4) All repair work shall take place entirely within an enclosed structure. 5) No more than five vehicles awaiting repair shall be permitted outside oft. garage • 6) All exterior storage shall be screened from the view of surrounding properties. 7) The business may only operate between the hours of 7:00 a.m. and 7:00 p.m 8) Any expansion and /or change of use shall require a new CUP. Rezoning #01 -01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc. to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single- family residential lots. This property is located south of Stephens City, east of I -81, 0.8 miles south of Fairfax Pike (Rt. 277) on the east side of Town Run Lane (Rt. 1012), and is identified with P.I.N. 85 -A -138 in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Planning Director, stated that this rezoning was tabled from the Commission's January 3, 2001, February 21, 2001, and March 21, 2001 meetings. Mr. Wvatt said that the staff had identified nine potential issues of concern and based on the applicant's revised proffer statements, several of the issues have been resolved. Mr. Wyatt said that the new information concerns two issues related • Frederick County Planning Commission Minutes of June 20, 2001 Page 685 to transportation. The first issue was that the applicant should demonstrate the current Level of Service (LOS) • conditions at the critical intersections, as well as what the future LOS conditions would be at build -out of the project. He said the information prepared by the applicant's transportation engineer, Mr. John Callow, has attempted to address those concerns and has provided various scenarios for LOS conditions based on development of this property and properties to the north and east. Secondly, the applicant should advise the Commission if plans exist to provide for future signalization. He said the Commission should determine if the applicant's offer to develop this alternative road system to allow for traffic movement of a different direction in this area, as well as the provision for signalization at the intersection of Fairfax Pike and Stickley, adequately mitigates the transportation impacts associated with the proposal when a recommendation is forwarded to the Board. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the project design engineers, introduced himself and the project's transportation engineer, Mr. John Callow of Patton, Harris & Rust Associates, a 38 -year veteran conducting transportation studies in our area. Mr. Maddox's discussion focused on the transportation issues involving the current and future LOS at the intersections involved and the future signalization at the Stickley Drive /Rt. 277 intersection. Mr. Maddox explained the "best alternative" LOS calculation, based on the scenario whereby the developer builds Stickley Drive as proffered to connect with Town Run Lane, and the developer initiates the installation of the traffic light early on in die development process. As a result, all directions in the intersection work at a minimum LOS of "C," with the stipulation that access is allowed "Southbound Only" on Town Run Lane at the connection where Stickley Drive meets Town Run Lane. Mr. Maddox pointed out that this developer has shown a sense of responsibility and leadership in providing these privately - funded projects, which undoubtedly would eventually be publicly - funded, if it were • not for these offers. Mr. Maddox asked the question of what was fair and equitable in order to achieve the County's goal of concentrating growth in and around the Urban Development Area. He proceeded to speak about the low inventory of available building lots in Frederick County and believed that if the UDA was not expanded in the face of need, then a loss of efficiency could be experienced in the Comprehensive Policy Plan's UDA concept. He also explained that in developing their proffers for this project, they have taken into consideration a larger picture, which is an issue that has been promoted by the local business people in the Rt. 277 area, the Town of Stephens City, and the Board of Supervisors, who have had a number of meetings with VDOT officials and state and local political leaders, which involves moving the interchange south. Mr. Maddox said that their rezoning proposal takes into account all of the best information he has been able to gather concerning the idea of moving the interchange. Commissioners were in agreement that this was an excellent plan and that the applicants had done as much as they could possibly do to mitigate the existing and future traffic problems. They agreed that the two key items that make the plan work were the installation of the traffic light at the intersection of Stickley Drive and Rt. 277 and secondly, ensuring that traffic traveling north on Town Run Lane turns east on Stickley Drive instead of continuing north. Commissioners commented that Frederick County should take an active role in making sure these two items were implemented. Mr. Steve Melnikoff, the transportation engineer for the Edinburg Residency, stated that VDOT will be looking at channelizing the Town Run Lane with curbing or islands to encourage the traffic to go towards Stickley. Mr. Melnikoff also advised that once the traffic warrants are met, the traffic light will be installed. • Frederick County Planning Commission Minutes of June 20, 2001 Page 686 -7- Chairman DeHaven inquired if VDOT would consider making Town Run Lane a one -way • south-bound street, should the local governing body request it. Mr. Mclnikoff replied that the}' could review the possibilities of that option. Atthis point, Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Libby Fravel, a resident and business owner from the Town of Stephens City, stated that the applicant's proposed road network plan showing Town Run Lane to Stickley Drive assumes the Stephens City interchange moves to the south of Stephens City, however, this concept has not yet been officially adopted. Ms. Fravel believed the relocation of the Stephens City interchange to the south may be the best and last chance to alleviate traffic congestion problems and that it was imperative for Stickley Drive to be lined -up with the location of the proposed interchange. Ms. Fravel was not against the proposed housing, but wanted to insure the end result was a workable solution. She asked the Commission to deny the application until a final and effective route could be planned and coordinated between VDOT and the applicant. Ms. Sandra Ritenour, a resident off of Town Run Lane, had numerous questions about the ability of the proposed road improvements and traffic signals at Town Run Lane and Stickley Drive to handle the existing, let alone the proposed traffic. She believed that Town Run Lane needed a left -hand turn lane and a left -hand turn signal. She was concerned there was not enough room for vehicle stacking between traffic lights. Ms. Rittenour was concerned that if the road improvements and traffic signals are not installed for five to ten years, there would be considerable chaos at these intersections and it was going to be extremely dangerous. • Mr. John H. Milam, Jr., property owner at 567 Peace and Plenty Lane and a professor at the University of Virginia who works with the U.S. Department of Education, was concerned that the transportation issues had not yet been adequately resolved. Mr. Milam said that the funding for Route 277 is uncertain and the location for the Stephens City interchange on I -81 is also uncertain. He believed that the proposed subdivision was built on these two assumptions. Mr. Milam requested that the rezoning be tabled until these issues were resolved. Ms. Tammy Rogers, a realtor with Prudential Carruthers in Winchester who was representing the executor of Dorothy Carbaugh's estate, commented that over the previous nine or ten months, Mr. Holliday has provided all the information requested of him and has offered adequate proffers. She requested that the Commission recommend approval of the rezoning so they may be able to settle this estate. Mr. David Holliday, contract holder for the Carbaugh's tract, said that a traffic consultant was hired in order to do this project properly, he has proffered to build Stickley Drive before any houses are constructed, and the $100,000 will be in escrow for VDOT to use however and whenever it's needed. Mr. Holliday agreed there were unknowns, however, he believed his project was not going to make the traffic problems worse, but would help to make the situation better. He said that Frederick County, VDOT, and himself were going to have to work together on this project. Mr. Holliday added that the Ewing Family has told him that they wish to take title of the Ewing Family Cemetery, however, he would take steps to make it a permanent easement. • Frederick County Planning Commission Minutes of June 20, 2001 Page 68 - 8 - Mr. Maddox returned to the podium and acknowledged that Stickley Drive will need to line up with the future bypass around the west side of Stephens City, therefore, the proposed road location will be narrowly restricted. He said that in addition, it will, in all probability, need to be built and functional for both southbound -off and southbound -on traffic in order for the ramps to be constructed. He said that the Highway Commission's representative for this area has stated that if official clearances are achieved, then the money would be available for the south interchange. Mr. Maddox added that the traffic light will be synchronized with the operation of the other lights and will not create an impact on the I -81/ Rt. 277 interchange. Commission members believed Mr. Holliday was to be commended, not only for his partnership and cooperation between all the parties involved, but on the significant off -site improvements proposed, such as the construction of Stickley Drive, the paving of Town Run Lane, and the traffic signal. In addition, they pointed out that Mr. Holliday had made a significant monetary contribution to the County's infrastructure and, as a result, county taxpayers should not be impacted by his development. Commissioners also believed that Mr. Holliday's engineering company should be commended in helping everyone to visualize the transportation network for that entire area and some of the resolution and mitigation possibilities that exist. In conclusion, the Planning Commission was of the opinion that the apph nt's offer to develop the alternative road system to allow for traffic movements to occur at a signalized intersection to the east of the intersection of Town Run Lane and Fairfax Pike adequately mitigated the transportation impacts associated with this rezoning proposal. Upon motion made by Mr. Thomas and seconded by Mr. Triplett, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #01 -01 of Southern Hills, submitted by G. W. Clifford & Associates, Inc,. to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single - family residential lots with proffers as submitted by the applicant. 2001 PLANNING COMMISSION BYLAWS Action - Approval Mr. Evan Wyatt, Planning Director, presented the final draft of the Planning Commission's 2001 Bylaws which were reviewed and revised by the Conunission at their April 4 and May 16, 2001 meetings. Mr. Wyatt brought the Commission's attention to Page 8 of the Bylaws under Article 9, Amendments, Section 9 -2: The Planning Commission shall conduct an annual review of these bylaws to ensure their accuracy. He suggested that the Commission may want to include the wording, "The Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy and formally adopt these bylaws at the first meeting of the subsequent calendar year." • Frederick County Planning Commission Minutes of June 20, 2001 Page 68h ® All the Commissioners were in agreement with this additional wording and upon motion made by Mr. Kriz and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 2001 Planning Commission Bylaws. DISCUSSION ON THE DEFINITION OF COTTAGE OCCUPATION Mr. Jeremy F. Camp, Planner II, stated that in the past couple years, the Planning Staff has received several comments that some of the types of businesses applying for Conditional Use Permit approval under the cottage occupation definition may be inappropriate. Mr. Camp said that the staff would like to discuss this matter further with the Planning Commission to determine whether or not the County's definition of a cottage occupation is appropriate. Mr. Camp proceeded to read the definition as it currently appears in the ordinance. There was considerable discussion between the Commission and staff regarding the adequacy of the current definition and various situations that have arisen in the past regarding applications for conditional use permits. Commissioners believed this issue has arisen frequently enough to warrant continued study and attempts to improve the definition. The Commission decided to send the issue to the Development Review and Regulations Subcommittee for review of the definition by considering the scale of the proposed business, the • intensity of use at the driveway connected to the road system, and specificity on the number of employees permitted. INTRODUCTION OF CANDICE MILLS, SUMMER INTERN Mr. Eric R. Lawrence, Deputy Planning Director, introduced the Planning Department's new summer intern, Ms. Candice Mills, who will be a senior student at Shenandoah University this Fall pursuing environmental policy. Mr. Lawrence said that in the past month Ms. Mills has been with the Planning Department, she has conducted considerable research involved in the rural land use policies and has put together the presentation for this evening's discussion on rural policy issues. DISCUSSION ON RURAL POLICY ISSUES Mr. Eric R. Lawrence, Deputy Planning Director, recalled from the Commission's yearly retreat last February, when the Planning Commission and Board of Supervisors discussed numerous growth and development issues affecting the community, one of which dealt with the rapid loss of agricultural lands. • Frederick County Planning Commission Minutes of June 20, 2001 Page 689 -10- Mr. Lawrence said that the conversion of agricultural lands to residential uses is significantly impacting the • agricultural economy, as well as the rural characteristics of the community; he stated that the Comprehensive Plans and Programs Subcommittee (CPPS) has been reviewing the County's current rural areas policy and is considering recommended policy changes for the Urban Development Area that might assist in lessening the residential pressures on the agricultural areas. Mr. Lawrence proceeded to make a presentation of the CPPS's progress to date and requested guidance from the Conmiission regarding the CPPS's current efforts. Members of the Commission suggested that the ordinance include a "Rural Residential" Zoning for residential housing in the RA District. They believed there was a need to take residential development in the County's rural areas from a "by- right" use and put it into the hands of elected officials and public scrutiny, so that controls could be incorporated. Commissioners commented that there are no controls and no proffers received for residential development in the RA areas and it is not working. They commented that five -acre lots are not RA, it is not agriculture land any longer —it is a housing development, and county taxpayers are picking up the cost of this development by paying for needed schools and services. It was pointed out that last year, Frederick County lost 1,500 acres of RA land (agricultural land) to housing with absolutely no control and no proffers. It was predicted that over the next ten years, Frederick County could lose 15,000 acres of its RA land to housing. Although many of the ideas presented had to do with design standards,I the Planning Commission believed they first needed to establish a "vision statement or goal for the future development of Frederick County." One of the many questions that arose was whether it was the County's desire to preserve viewshed and open space or to maintain agriculture as a viable economic resource. The Commission decided that the vision statement would be the first step in this process, followed by the development of design standards. It was agreed by all that this work was a high - priority item for the Commission and subcommittees • and should be pursued as diligently as possible. OTHER PRIMARY ROAD PRE - ALLOCATION HEARING Mr. Evan A. Wyatt, Planning Director, announced that the Commonwealth's Transportation Board's Primary Road Pre - Allocation Hearing has been scheduled for Monday, July 16, 2001. Mr. Wyatt asked for anyone wishing to attend to contact Deputy Planning Director, Eric R. Lawrence, who will take care of the travel arrangements. • Frederick County Planning Commission Minutes of June 20, 2001 Page 690 i ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by Respectfully submitted, FIXI't, �. ao�� Evan Q A. Wyatt, ecretary 1t c4 oh ,, /J Q'L klts ` Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 20, 2001 Page 691 1I