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PC_07-02-01_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 July 2, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chainnan/ Opequon District; Cordell Watt, Back Creek 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; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JUNE 6, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of June 6, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 06/28/01 Mtg. Commissioner Thomas reported that the DRRS discussed a proposed ordinance amendment to require radon - resistant construction and the development of the new Medical Support District. • Frederick County Planning Commission Minutes of July 2, 2001 Page 692 -2 - • AMENDMENT TO AGENDA Chairman DeHaven announced that Item #9 on the agenda, Tab G, which is a discussion item, will be postponed until July 18, 2001. PUBLIC HEARINGS Conditional Use Permit 909 -01 of Alkire's General Store, submitted by Martin Niessner, Jr., to add a restaurant space to an existing general store. This property is located at 9263 North Frederick Pike and is identified with P.I.N. 06 -A -77 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Patrick T. Davenport, Zoning Administrator, stated that the existing Alkire's General Store is a legally non - conforming use and the application for the conditional use permit (CUP) is to add a restaurant function within the existing building. Mr. Davenport said that staffs opinion was that the proposed modification increased the degree of nonconformity and, therefore, the CUP is required to establish the use. He explained that approximately half of the existing store is being proposed to be converted into a restaurant containing six tables with 24 seats. • Mr. Davenport continued, stating that two of the reviewing agencies indicated some concern. He said that VDOT has noted that the northernmost entrance does not meet minimum standards for sight distance due to topography and prefers the applicant use Cumberland Trail Road (Rt. 694) for egress from the site. He said that in addition, the Health Department provided an evaluation for a sewage disposal system which may accommodate fewer seats than what is being proposed in the restaurant; they have also indicated that the sewage disposal system has not been evaluated and a public water supply maybe required. Commission members had several questions regarding the appropriateness of having two uses on a site with one being a non - conforming use and one being a conditional use. There were questions regarding the logistics of expanding one or the other use and how it would be handled. There were also questions regarding the uncertainty of the comments received from the health department. The staff noted that recommended Conditions #2 and #4 would require review and approval by the health department before utilization of the restaurant facility. Mr. Martin Niessner, Jr., the applicant, said that he owns property nearby, since 1987, and believes a small restaurant would fit nicely within the building. He said there is a one -story portion of the store that was added onto the original big country store and this is what he was proposing for the restaurant use. Mr. Niessner said he would like to place six tables, 24 seats, if the health department allows. He added that he has met with health department officials and six perc holes have been dug for a new septic site in conjunction with this use. He further added that he was comfortable with the recommended conditions of the permit. • Frederick County Planning Commission Minutes of July 2, 2001 Page 693 -3- • One of the Commissioners inquired if a sufficient amount of land was available and Mr. Niessner replied that the owners of the property, Robert and Carmen Alkire, have optioned him three acres for this purpose. There were no public comments. The Planning Commission had no outstanding concerns with the proposal and believed the proposed addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Commissioners also believed that the conditions placed on the CUP were comprehensive enough to take care of any potential concerns by the review agencies. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 409 -01 of Alkire's General Store, submitted by Martin Niessner, Jr., to add restaurant space to an existing general store with the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3. Appropriate parking and maneuvering areas shall meet the requirement of Section 165 -27 of the • Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4. The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. Any change of use or modification will require a new CUP application. Conditional Use Permit 408 -01 of Rodney Lynn Hoffman for a Cottage Occupation for a Welding Business. This property is located at 1339 Ebenezer Church Road and is identified with P.I.N. 18 -A -69C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Patrick T. Davenport, Zoning Administrator, reported that the applicant described the proposal for welding operations as a part-time business which would be in operation mainly in the afternoon and early evenings; the services would include customers bringing items to the premises for repair and traveling off -site to repair items; there are no plans to sell miscellaneous items in a retail manner. Mr. Davenport next • Frederick County Planning Commission Minutes of July 2, 2001 Page 694 -4- reported observing possible inoperable vehicles and scattered mechanical and agricultural equipment on the • property. He said that the applicant had explained that the vehicles were used for racing and the other equipment is used for spare parts. Mr. Davenport said that Mr. Hoffman's property consists of 5.2 acres and is approximately two miles from the intersection of Ebenezer Church Road with North Frederick Pike (Rt. 522). He added that the area would be screened from the roadway and adjoining properties by the local topography and natural vegetation. Commissioner Morris inquired if Condition #5 would prohibit the applicant from welding outside and Mr. Davenport replied that it would not. Mr. Reyes inquired if the scattered parts and equipment on the property could be seen from Ebenezer Church Road. Mr. Davenport replied that the adjoining properties, as well as Ebenezer Church Road, are screened by the local topography and natural vegetation. Commissioner Light confirmed with staff that Mr. Hoffman was properly informed of the section of the Zoning Ordinance which specifically addresses proper storage of junk, debris, and inoperable vehicles, so that if complaints were received, the applicant is aware of the regulations. The applicant, Mr. Rodney Lynn Hoffman, was available for questions. There were no public comments. In the Commission's point of view, it appeared as though the property was sufficiently screened from the view of neighbors, as well as motorists along Ebenezer Church Road. They had no other • issues of concern. 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 #08 -01 of Rodney Lynn Hoffman for a Cottage Occupation for a Welding Business at 1339 Ebenezer Church Road in the Gainesboro Magisterial District with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The hours of operation should be limited from 9:00 a.m. to 9:00 p.m., Monday through Saturday. 3. No retail sales should be permitted on the property. 4. Compliance with Chapter 165 -47 of the Zoning Ordinance regarding inoperable motor vehicles and trash storage. 5. All materials and supplies used for the welding operation must be kept indoors. 6. 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. 0 Frederick County Planning Commission Minutes of July 2, 2001 Page 695 5- • 7. Any expansion or change of use shall require a new CUP. Rezoning #05 -01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489 Martinsburg Pike, 2.1 miles north of Clearbrook on the west side of Rt. 11, and is identified with P.I.N. 33 -A -92 and 33 -A -93 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Deputy Planning Director, explained that approximately one year ago, the Planning Commission reviewed an application for a conditional use permit for auto repair with auto body for this same applicant and property. Mr. Lawrence said there was considerable discussion and it was believed that a rezoning would be more appropriate because of the proximity to the interstate and Exit 323. He further explained that the Northeast Land Use Plan identifies this property for commercial use; the applicant is seeking a B3 use and, therefore, the request is consistent with the land use plan. In addition, the property is within the Sewer and Water Service Area, although this particular property is not now served with water and sewer. Mr. Lawrence continued, stating that because residences are located on adjoining properties to the south and east, zoning district buffers would be required against those properties. He reported no significant concerns by any of the reviewing agencies. Lastly, Mr. Lawrence reviewed the applicant's proffer statement with the Commission. Commissioner Thomas expressed concern for the lack ofdiscussion regarding potential traffic problems within the impact study. Mr. Lawrence replied that staff concurs with VDOT that this site would generate minimal impact; he said the applicant has proffered, at his own expense, the installation of signage, turn lanes, and road widening as warranted. Mr. Wyatt, Planning Director, also commented that when projected vehicle trips from any given site are less than 5,000 vehicle trips per day, or less than 50% of the current traffic volume on the receiving road, the rezoning application does not require a full -scale transportation impact analysis statement, unless it is in an area where significant problems already exist. He said that in this particular situation, the applicant's total estimated traffic, using the ITE Trip Generation Manual, is less than 15 vehicle trips per day and based on the overall percent increase of traffic on Route 11, staff found that to be negligible. He added that from an access management standpoint, the applicant has proffered a limit of one commercial entrance for the property. Mr. Mark Smith, of Greenway Engineering, was available to represent the applicant and presented a site plan he had prepared for the property. Mr. Smith described the use as minimal because it is a two - person operation conducted by Mr. Johnson and his son. He pointed out that the building depicted on the plan is the maximum envelope he could design because of the buffers, the setbacks, and the drain fields. He said the church located on the property is actively being used and there is no intention of removing it. Regarding traffic generation, he said the rezoning application specifies the use of the ITE Trip Generation n U Frederick County Planning Commission Minutes of July 2, 2001 Page 69( Manual. • Commissioner Thomas was concerned with the fact that the proffers allowed more intensive uses than just an auto body shop. Mr. Thomas stated that he could not support the rezoning application with the list of additional uses submitted in the proffer statement. Mr. Smith replied that he did not believe Mr. Johnson was concerned about the additional uses, but from his business viewpoint, he added the uses for Mr. Johnson's future flexibility. Mr. Smith believed these were reasonable B3 uses. speak: Chairman DeHaven called for public comments and the following person came forward to Mr. Thomas Stephenson, an area resident, commented that the aquifer Mr. Johnson will be tapping into is the same one used by the Flying J Restaurant and Mr. Jennings; Mr. Stephenson was concerned about the quality of that aquifer. Mr. Stephenson was also concerned about sewage and hazardous waste discharge, especially in consideration of the geology in the area. Mr. Smith returned to the podium and stated that Mr. Johnson met with Frederick County building officials regarding disposal of chemicals and he will be required to meet BOCA Code construction regulations. Commissioners believed the proposed zoning was appropriate for this particular area, considering the fact that the use would be minimal, and they believed the applicant had satisfactorily addressed the impacts through his submitted proffers. • Upon motion made by Mr. Light and seconded by Mr. Watt, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning #05 -01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition) with the proffers submitted by the applicant, by the following majority vote: YES (TO APPROVE) Kriz, Fisher, DeHaven, Light, Morris, Watt NO: Thomas Request for extension of water and sewer service outside of the Sewer and Water Service Area (SWSA) at the I -81 Clearbrook Rest Stop, located on the west side of Interstate 81, at Mile Marker 320, in the Stonewall Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Planning Director, stated that the Virginia Department of Transportation (VDOT) has submitted a request for the extension of public water and sewer service to the Interstate 81 • Frederick County Planning Commission Minutes of July 2, 2001 Page 697 -7- Clearbrook Rest Area. He noted that the Sewer and Water Service Area (SWSA) boundary is located directly • across from the Clearbrook Rest Area on the east side of I -81, and approximately two miles south of the Clearbrook Rest Area, on the west side of I -81. Mr. Wyatt said that on April 9, 2001, the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request and was advised that Frederick County Sanitation Authority (FCSA) would own the water line; however, the sewer force main line would be private. He said the eight -inch water line would allow for fire hydrants to be located at the Clearbrook Rest Area, while the private sewer force main would allow for a private package plant that is operating at 90% capacity to be taken off line. He added that VDOT advised the CPPS that placing the sewer force main within the I -81 right -of -way would prohibit properties on the west side of the interstate from connecting to their private system. Mr. Wyatt stated that the CPPS recommended approval of the extension of a 2%z -inch sewer force main line and an eight -inch water line to serve the I -81 Clearbrook Rest Area, conditioned upon the following: 1) That VDOT prohibit easements within their right -of -way to eliminate the potential for property owners on the west side of I -81 from accessing this system; 2) VDOT provide information to the Planning Commission and the Board of Supervisors which indicates that available capacity exists at the receiving pump station near Stonewall Industrial Park. This information should be obtained from the FCSA and indicate the amount of total remaining capacity that has been reserved for other users; and, 3) VDOT provide information to the Planning Commission and the Board of Supervisors which indicates how the private 2Y2-inch sewer force main will be monitored to ensure that it is not seeping sewage into . the ground between the Clearbrook Rest Area and the receiving pump station near Stonewall Industrial Park. Mr. Wyatt continued, explaining that subsequent to the CPPS's consideration of this request, a proposal to develop a public/ private partnership for the installation of a sewer line on the east side of I -81 was submitted to the County. He said that this partnership would involve landowners on the east side of 1 -81, VDOT, and potentially, Frederick County. Mr. Wyatt said that the FCSA is developing cost estimates for this proposal which is a preference of the locality and VDOT; however, should this preference not be realized, VDOT will request extension of service as previously described as a fall -back position for the I -81 Clearbrook Rest Area. VDOT's Assistant Resident Engineer, Ben H. Lineberry, Jr., was available to answer questions from the Commission regarding VDOT's timetable for completion of the project and the status of agreements for the public/ private partnership. Commissioner Morris asked Mr. Lineberry for confirmation that no easements will be granted to anyone on the west side of I -81, if the line is installed on the west side into VDOT's right -of -way. Mr. Lineberry confirmed that Mr. Morris was correct. Mr. Lineberry said that VDOT is interested in placing the force main within the I -81 right -of -way and, secondly, VDOT's wastewater treatment plant at this location is at capacity. He explained that the public /private partnership is desirable because VDOT would be like any other property owner discharging waste into a public system. • Frederick County Planning Commission Minutes of July 2, 2001 Page 698 t� • Mr. Reyes inquired as to how much larger the line would have to be, over the 2%z -inch line requested by VDOT, if the sewer line was made available to the public. Mr. Wyatt replied that if the line goes in on the east side, it would need to to be much larger to serve the parcels that are between Exit 317 and the rest stop area which includes about two miles of property along I -81 frontage. Mr. Wyatt added that not only is the Stonewall School located here, but also the Frederick County Fairgrounds; therefore, there is the potential that the County may want to participate. speak: Chairman DeHaven called for public comments and the following person came forward to Mr. Mark Smith with Greenway Engineering, representing property owners in this area, stated that they were in full support of the lines on the east side of I -81. In order to clarify VDOT's request, Mr. Wyatt said that the Commission is considering a request to serve a property that is not within the SWSA with public water and sewer service by a preferred alternative coming from the east side of I -81 or as a fall -back position, getting water from the east side, but with a 2Y: -inch sewer force main with the conditions as recommended by the CPPS for the sewer issue. Commission members were in favor of eliminating small sewage treatment facilities. No other outstanding issues of concern were raised and the Commission believed the request was appropriate. Upon motion made by Mr. Thomas and seconded by Mr. Kriz, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval for extension of water and sewer service outside of the Sewer and Water Service Area (SWSA) at the I -81 Clearbrook Rest Stop per VDOT's request. Proposed Amendment to Chapter 165, Zoning, Section 165- 31B(7), Woodlands, of the Code of Frederick County. The proposed amendment provides the Board of Supervisors with a waiver provision for the disturbance of woodlands for parcels zoned RP (Residential Performance). Action - Recommended Approval Mr. Evan A. Wyatt, Planning Director, presented a two - phased approach for consideration of woodlands disturbance requirements for heavily - wooded RP -zoned parcels. Mr. Wyatt described the first phase as a simple ordinance amendment that would place heavily wooded RP lots on the same status as an industrial or office park, whereby, the applicant would have the ability to come before the Commission and Board with a master plan demonstrating areas, in addition to the maximum 25% disturbance, they are seeking to disturb and provide alternatives that could be offered in return for the additional allowance. He said that the second phase would be the development of a detailed woodlands disturbance ordinance that would be n U Frederick County Planning Commission Minutes of July 2, 2001 Page 699 M equitable and easily adapted to the construction process. • Commission members inquired if the staff had been approached by RP developers asking for exceptions to the woodlands requirements. Mr. Wyatt replied that members of the design community have pointed out that the County's woodlands disturbance requirements, as written, make it very problematic to design RP -zoned land in the Urban Development Area. Commission members speculated whether developers would take the chance of coming before the Commission requesting a waiver or would they continue to clear - cut property, as they do now, before coming in with a master plan. Some Commissioners were of the opinion this waiver amendment was a "band -aid" approach and believed the entire woodlands ordinance needed to be re -evaluated in the RP, as well as the RA, Districts. They suggested that the entire issue be sent back to the Development Review & Regulations Subcommittee (DRRS) and a comprehensive woodlands ordinance be written that applies to the RP area and any large -lot housing development in the RA area. Commissioners commented that the County is losing far more woodlands in the RA area than the RP areas. Commissioners also raised the issue of the need to be more selective of trees saved for woodlands preservation; it was pointed out that some of the trees preserved in the past were of poor quality or are now dying off because of root disturbance from foundation digging. Commissioner Thomas commented that he was opposed to the waiver as a stand alone measure, however, if the Commission and Staff agreed that awaiver was only the first phase and work begins immediately on a comprehensive woodlands ordinance which applies to RP and RA areas, working the ordinance from the standpoint of mitigation of impact and replanting, he would be very much in support. Mr. Thomas suggested that the Commission strive to get a comprehensive ordinance to the Board of Supervisors before the end of this calendar year that would take care of this problem. • Two representatives oflocal design firms, Mr. Mark Smith of Greenway Engineering and Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, came forward to give the Commission their perspectives on designing projects on wooded areas in Frederick County. Both designers agreed on the short- sightedness of saving scrub or low - quality trees and that replanting may often result in a more aesthetically - pleasing development. Both designers stressed the importance of allowing designers "flexibility," because developers will save trees when they are able due to the premium value they bring. Chairman DeHaven called for public comment, but no one was present to speak. The consensus of the Commission was that they were in favor of recommending a case by case waiver, based on the proposal presented; they were in agreement that the ordinance as presently written was less than ideal; and they were in favor of proceeding with a comprehensive rewriting of the woodlands provisions throughout the entire ordinance. Upon motion made by Mr. Thomas and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the the proposed amendment to Chapter 165, Zoning, Section 165 -31 B(7), Woodlands, of the Frederick County Code, which provides the Board of Supervisors with a waiver allowance for the disturbance of woodlands for parcels zoned RP (Residential Performance), along with a commitment to re- evaluate the woodlands provisions throughout the entire Chapter 165 for all zoning districts, including residential • Frederick County Planning Commission Minutes of July 2, 2001 Page 700 10- development in the RA District, with the goal being to have a revised woodlands ordinance to the Board by the end of the calendar year. OTHER COUNTY - SPONSORED WATER RESOURCES WORKSHOP Mr. Evan A. Wyatt, Planning Director, announced that Wednesday, October 17, 2001 was the suggested date for the Planning Commission's Water Resources Workshop. Mr. Wyatt handed out a typical seminar description of the issues for the morning session, which was provided to him by the presenters of the workshop. Commission members requested that Mr. Wyatt ask the orator to use as many examples as possible from this particular area. EDUCATIONAL OPPORTUNITIES - KELLERCO Mr. Evan A. Wyatt, Planning Director, provided information from a private company detailing an educational workshop centered on deciphering traffic impact analysis statements that come before the Commission. Mr. Wyatt said a representative of Kellerco has outlined a four -hour program they have done • for other localities. Mr. Wyatt asked the Commission to review the material and let him know at the next meeting, if this was something the Commission would like to pursue. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:50 p.m. by unanimous vote. Respectfully submitted, Evan A. Wya t, Secretary Charles S. DeHaven, Jr., Chairman r1 U Frederick County Planning Commission Minutes of July 2, 2001 Page 701