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PC_08-01-01_Meeting_Minutesi MEETING 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 August 1, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; S. Blaine Wilson, Shawnee 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: Roger L. Thomas, Vice Chairman/ Opequon District STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER i Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/26/01 Mtg. Mr. Evan A. Wyatt, Planning Director, reported that the DRRS considered three text amendment requests. Two were supported by the DRRS and one was not. PUBLIC HEARINGS Conditional Use Permit #10 -01 of Route 37 Self- Storage, L.L.C. for an off - premise business sign. This property is located at 3862 Valley Pike and is identified with P.I.N. 75A- 6 -B -41B in the Back Creek District. • Frederick County Planning Commission Minutes of August 1, 2001. Page 709 -i -2- • Action - Recommended Approval with Conditions Commissioner Gene Fisher said that he would abstain from discussion and voting on this conditional use permit due to a possible conflict of interest. Mr. Jeremy F. Camp, Planner II, reported that the subject application is a request for a 4'X 8' off - premises business sign to advertise Route 37 Self- Storage, L.L.C. He said that the sign would be located on an adjoining parcel of land, located along Valley Pike (Rt. 11) just south of the Route 37 underpass, which is presently vacant and owned by another individual. Mr. Camp read the requirements listed in the Zoning Ordinance for off - premises business signs and pointed out that the sign needs to be at least ten feet from the property line. He further explained that the subject property is two acres in size and is zoned B2 (Business General). Mr. Camp concluded by saying that no adverse comments had been reported by any of the reviewing agencies and there should be minimal impact to land uses within proximity of the site due to the sign's location, size and height. He next read a list of recommended conditions of approval, should the Commission approve the application. Ms. Joanne Whitacre, the applicant, proposed a painted wooden sign on wooden posts. Ms. Whitacre said the sign will be temporary because the property where the sign will be located is for sale. She said that when the property is sold, she will have to re- negotiate the placement of the sign with the new owners. There were no public comments. The Planning Commission had no issues of concern with the request. Upon motion made by Mr. Unger and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 10 -01 of Route 37 Self- Storage, L.L.C. for an off - premise business sign to be located on property identified with P.I.N. 75A- 6 -B -41B with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A sign permit shall be obtained from the County Building Inspections Department prior to the placement of the sign. Any alteration of the sign shall require a new sign permit and zoning approval. All applicable permits from the Virginia Department of Transportation shall be obtained prior to the placement of the sign. Any alteration of the sign shall require additional VDOT review and approval. The sign shall be no greater than 35 square feet in size and 10 feet in height. 5. The sign shall be properly maintained at all times, and shall be completely removed within 30 11 Frederick County Planning Commission Minutes of August 1, 2001 Page 710 pr -3- days by the property owner should the business cease to operate at the location advertised by • the sign. (Note: Mr. Fisher abstained from voting; Mr. Wilson was absent for this vote.) Rezoning Application #06 -01 of Keith and Robin Rodgers, submitted by Dove & Associates, Inc., to rezone 15.986 acres of a 20 -acre tract from RA (Rural Areas) to MI (Light Industrial). This property is located at 780 Airport Road (Rt. 645), west of the intersection of Airport Road and Victory Road (Rt. 728), and is identified with P.I.N. 64 -5 -3 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Eric R. Lawrence, Deputy Planning Director, presented copies of revised proffers and a revised transportation analysis that were submitted by the applicant. Mr. Lawrence said that the applicant intends to relocate his company, Dove & Associates, Inc., to the site and to construct additional facilities on the site in the future. He said the property is located within the County's Urban Development Area (UDA), the Sewer and Water Service Area (SWSA), and is a component of the Route 50 East Corridor Land Use Plan, adopted by the Board of Supervisors in 1994, which identifies the general area of the subject parcel for future office and industrial use. In addition, Mr. Lawrence noted that the property is located within the Airport Support Area (ASA). ® Regarding the revised transportation analysis, Mr. Lawrence stated that both the applicant and staff have agreed that 2,600 vehicle trips per day would be generated from the site at maximum build -out and VDOT has determined that the impact to Airport Road (Rt. 645) would be minimal, based on this projected volume. Mr. Lawrence added that the applicant has proffered the establishment of a conservation easement to preserve environmental features and to reserve an area for a future stream valley park system. He further added that the applicant has proffered a monetary contribution of $0.04 per square foot of new building structure to the County for utilization by fire and rescue services. Mr. Edward Dove, President of Dove & Associates, Inc., explained that his company is an engineering and surveying business currently located within the City of Winchester and he and his wife are the contract purchasers for the property within the County, contingent upon its rezoning. Mr. Dove explained that in the late 1980's, Dove & Associates, Inc. was selected to design the Winchester Regional Airport Terminal and also provided contract administration for its construction. He said that since that time, it has been his desire to relocate his engineering' company to the airport area. Mr. Dove envisioned that the other uses he hopes to locate at this site would be compatible with the airport and would promote the use of the airport. Mr. Morris recognized that the volume of traffic generated from Mr. Dove's engineering business would be minimal and he commented that the traffic studies presented to the Commission were based on the potential build -out of an M 1 property. Mr. Morris believed that as development occurs along Airport Road in this particular area, VDOT would have to consider a traffic light at Rt. 522. 0 Frederick County Planning Commission Minutes of August 1, 2001 Page 711 I -4- Mr. Light inquired if the proposed secondary development on the property would have its own entrance or if there would be a single entrance serving all of the uses in the developed area. Mr. Dove replied that he envisioned a single entrance because there really wasn't room for two entrances between his site and AMK. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Bob Pownall of the Shawnee District believed that based on the uses Mr. Dove was proposing, the property should be rezoned to business rather than industrial. Mr. Pownall expressed concern about all of the undesirable uses allowed under M 1 Zoning that could locate here in the future. Mr. Dove returned to the podium and stated that during his initial discussions with the staff, it was determined that M1 was the master planned zoning for the subject property. Mr. Dove said that he reviewed the list of allowed M 1 uses and there are a few that he seriously doubts if he would ever consider for the property. He projected approximately 65,000 square feet of office space and 65,000 square feet of storage facilities and he envisioned those to be the primary uses. Mr. Dove said that he didn't want to restrict his options, however, he guaranteed that the uses he plans will be compatible with the other uses at the airport. The Planning Commission believed the rezoning was consistent with the policies established in the Comprehensive Policy Plan and was in conformance with the development patterns depicted in the Route 50 East Corridor Land Use Plan and the Airport Support Area. No issues of concern were raised. Upon motion made by Mr. Morris and seconded by Mr. Wilson, is BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #06 -01 of Keith and Robin Rodgers, submitted by Dove & Associates, Inc., to rezone 15.986 acres from RA (Rural Areas) to M 1 (Light Industrial) contingent upon the County Attorney's satisfactory review of the submitted proffer statement. Request for Expansion of the Urban Development Area (UDA) to incorporate approximately 95 acres of Parcels 55 -A -105, 106, 107, and 107A, owned by Patrick A. McTiernan. The expansion would also include additional lands owned by others as the UDA expansion would establish Red Bud Run as its northern boundary. This expansion would occur on the north side of Berryville Pike (Rt. 7), adjacent to Red Bud Run, in the Stonewall Magisterial District. Action -- Recommended Approval of McTieman's Request Only -Other Adjustments to UDA Not Considered Mr. Eric R. Lawrence, Deputy Planning Director, said the applicants have made a request to expand the Urban Development Area (UDA) to incorporate approximately 95 acres located on portions of Parcels 55 -A -105, 106, 107, and 107A, zoned RA (Rural Areas), and located on the north side of Berryville Pike (Rt. 7), intersected by Woods Mill Road. Frederick County Planning Commission Minutes of August 1, 2001 Page 712 L I -5- Mr. Lawrence stated that the Comprehensive Plans and Programs Subcommittee (CPPS) • considered the McTieman's request during their meeting on July 9, 2001 and believed it was consistent with the County's Policy and it would be appropriate in this situation to include the entire property within the UDA. He said the CPPS also recommended that the Planning Commission and Board of Supervisors consider adjusting the UDA boundary at this time to take care of some other issues with properties in this area. Mr. Lawrence explained that what the CPPS proposed was to extend the UDA north to Red Bud Run, between Woods Mill Run and Burnt Factory Road, and to relocate the UDA to remove the historic Caleb Heights and Hackwood properties. He said that the resulting net change would be a decrease in the UDA of 202 acres. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., agent for the McTieman Property and Redbud Associates, L.L.C., introduced himself and property owners, Mr. Patrick McTieman and Mr. Thomas McTieman. Mr. Maddox estimated that approximately 40 %ofthe McTiernan property presently lies within the UDA. He said that development trends over the last ten years have developed a large percentage of the UDA to the south of Rt. 7 and lands north of Rt. 7 are either in schools, battlefields, planned for use or in previously- developed use. Mr. Maddox stated that there appears to be an essential public purpose for including this land in the UDA in order to properly and orderly expand the UDA to handle future growth and development. Mr. Maddox continued by saying that public water is available in the Rt. 7 corridor, sewer is available across Rt. 7 opposite Woods Mill Road, and storm water can be effectively handled using storm water management facilities within the Red Bud Run and Rt. 7 drainage corridors. He added that transportation to this site can be effectively managed by an improved intersection at Woods Mill Road (Rt. 660) and Rt. 7, which VDOT has reviewed and commented favorably on. Chairman DeHaven called for public comments and the following persons came forward to ® speak Mr. David Darsey, a resident of Stephenson in the Stonewall District, was opposed to the request and believed a need had not been demonstrated to extend the UDA across Rt. 7. Mr. Darsey commented that this was the "thumb in the dike" for the Stephenson area in terms of the UDA. He was concerned about the precedent for development this property would set, especially for the Wilkins' property just up the road, once water and sewer is extended. Mr. Glen Penton, a resident of the Stonewall District, believed this area was conducive to development, however, the density of development was a concern and expansion of the UDA should be considered very carefully. Mr. Penton's main issue was Woods Mill Road (Rt. 660) and the ability to create an interchange that could handle the increase in traffic that is already beginning to tie up that intersection. Mr. Mark Stivers, a resident of Stonewall District, voiced a concern about what he perceived to be the County's position of expanding the UDA to include a property in its entirety when the property is currently bisected by the UDA line. Mr. Stivers also voiced concern that proper notice was not given to all of the property owners who would be affected by this decision, especially in light of the other adjustments that were being proposed to the UDA line by the CPPS. Mr. Stivers raised the point of the practice of just generally advertising in the newspaper, while it might be all that is legally required, he believed property owners were not being adequately informed of how their property was to be affected. In addition, he pointed out that the expansion of Woods Mill Road was not advertised and should have been because of the increase in the volume Frederick County Planning Commission Minutes of August 1, 2001 Page 713 I of traffic that would be experienced. Mr. Slivers concluded by saying he was concerned about what the public • was able to discern from the advertisement in the newspaper. Mr. Morris pointed out that a misconception exists in Frederick County that a rezoning or UDA adjustment increases the demand for housing. He said that Frederick Comity has a history of building permits being issued at the rate of 650 -700 per year. He said that 40% of those houses are being constructed in the RA area, which is consuming large parcels of the County's rural land; this development is occurring with little review, and no planning or proffers. Mr. Morris believed it best to cluster residential development where it can be managed, rather than allowing individual dwellings to use up five, ten, or 15 -acre tracts. He believed that expansion of the UDA in this area made sense because it clustered houses together in the UDA and it was also logical to follow the geographical boundary of the creek bed. Mr. Light was not in favor of crossing Route 7 with the UDA boundary line. He believed that if Route 7 is crossed and development occurs to the north, a new area will have been established where additional properties are going to be drawn into the UDA. Mr. Light believed that if the Commission addressed the northern corridor, it would only be after predominantly developing south and east. Mr. Light said that if the Shockey proposal and the development of the Duncan property are approved, the County will have to structure a new sewer and water service area that would run from Rt. 11 to the sewer plant. He stated that if the UDA is expanded to create a "development box," the logical place to create it is along Rt. 522 South from Parkins Mill to the north, where the potential "first leg" of Rt. 37 would be constructed. Mr. Light believed a larger UDA area should be created, instead of the piecemeal of small parcels on the north side of Rt. 7. Mr. Light believed the expansion request as presented should be denied; he said that Mr. McTieman still has a by- right use for the portion of his property that is within the UDA. . Mr. Fisher said that although he believed this area may be appropriate for UDA expansion in the future, the timing of this request was not good at this time. He explained that while the Commission is presently studying ways to preserve rural land, open space, and agricultural land, nothing has yet been established on the books to decrease density or maintain open spaces, and meanwhile, the density and size of the UDA keeps increasing. Mr. Ours inquired how much RP land was available for development in the County and Mr. Wyatt estimated that approximately 250 acres were zoned, but not master - planned. Mr. Ours suggested it might be time for a comprehensive review of the UDA, since the County has changed so much since the UDA was first established in the 1980's. Chairman DeHaven said that during the CPPS's discussions of the McTieman's request, the committee looked at the other parcels in the area and believed it was appropriate to make some adjustments for some of the properties along the UDA boundary line that may have been overlooked previously, such'as removing the Caleb and Hackwood properties. Chairman DeHaven had hoped the McTieman's request would not be clouded by the other issues recommended by the committee. In light of all the discussion and concerns, the Commission decided it would be more appropriate to deal only with Mr. McTieman's property and request at this time, and to examine the other properties and adjustments suggested by the subcommittee at another, separate meeting. \J Frederick County Planning Commission Minutes of August 1, 2001 Page 714 I -7- • A motion was made by Mr. Light and seconded by Mr. Fisher to deny the request by Mr. Patrick A. McTieman to expand the UDA line to include his entire property. This motion failed, however, by the following vote: YES (TO DENY THE REQUEST) Fisher, Light, Watt NO: Triplett, Kriz, Ours, Wilson, DeHaven, Morris, Unger The majority of Commissioners believed it was appropriate to adjust the UDA line to include all of the McTieman property at this time. A motion was next made by Mr. Wilson to recommend approval of the request by Mr. Patrick A. McTieman to include his entire property within the Urban Development Area. This motion was seconded by Mr. Morris and passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Request for Expansion of the Urban Development Area (UDA) to incorporate approximately 95 acres of Parcels 55 -A -105, 106, 107, and 107A owned by Patrick A. McTieman. The vote on this request was as follows: YES (TO GRANT THE REQUEST) Triplett, Kriz, Ours, Wilson, DeHaven, Morris, Unger . NO: Fisher, Light, Watt OTHER CANCELLATION OF THE COMMISSION'S AUGUST 15, 2001 MEETING Mr. Evan A. Wyatt, Planning Director, stated that no applications for consideration have been received for the Commission's August 15, 2001 meeting. Upon motion made by Mr. Ours and seconded by Mr. Kriz, the Planning Commission unanimously agreed to cancel their meeting of August 15, 2001. • Frederick County Planning Commission Minutes of August 1, 2001 Page 715 r 8- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by unanimous vote. Respectfully submitted, Evan A. Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of August 1, 2001 Page 716