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PC_10-03-01_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 October 3, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; S. Blaine Wilson, 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 STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Rebecca Ragsdale, Planner I; 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. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 09/27/01 Mtg. Commissioner Thomas reported that the DRRS discussed requirements for loading docks, paving, and some other items that will be coming to the Planning Commission in the next several months for discussion. Transportation Committee (TC) - 10/02/01 Mtg. Commissioner Kriz reported that the TC reviewed and recommended the update of the 2002- 2003 Frederick County Secondary Road Improvement Plan. • Frederick County Planning Commission Minutes of October 3, 2001 Page 729 I -2- Historic Resources Advisory Board (HRAB) - 09/18/01 Mtg. • Commissioner Morris reported that the HRAB reviewed a conditional use permit for a country general store on Cedar Creek Grade that the Planning Commission will be addressing this evening. Commissioner Morris added that the HRAB had a presentation from Mrs. O'Sullivan of the National Park Service regarding the creation of a new national park at the Battle of Cedar Creek. Economic Development Commission Commissioner Thomas reported that the EDC had discussions on an effort the EDC staff is pursuing concerning compiling characteristics ofdevelopment in our area; for example, what prompts economic development, what fuels residential and industrial development, etc. Commissioner Thomas said that these statistics will hopefully be able to be used for future planning purposes. Sanitation Authority Commissioner Fisher reported that the Sanitation Authority's Executive Director presented some information regarding rainfall and the quarries; basically, the storms arrived at the wrong time of the year • and quarries are still holding their own, but are not really in a recovery mode. Commissioner Fisher said that reference was also made to the upcoming meetings for the Regional Water Study Committee. Winchester Plannine Commission City Liaison, Mr. Vincent DiBenedetto, said that the Winchester Planning Commission is continuing its review of the Community Facilities chapter of the Comprehensive Plan. PUBLIC HEARINGS Conditional Use Permit #15 -01 of Homespun Gifts and Gardens by Turner Enterprises, LLC for a Country Store/ Mercantile. This property is located at 949 Cedar Creek Grade and is identified with P.I.N. 63 -A -2H in the Shawnee District. Action - Recommended Approval with Conditions • Frederick County Planning Commission Minutes of October 3, 2001 Page 73( -3- Planner Mark R. Cheran read the background information and reported no adverse comments • from any of the reviewing agencies. He explained that the property is located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) as noted in the Comprehensive Policy Plan. In addition, he said the property is a nonconforming lot of record and has no current RA (Rural Areas) setback requirements. Planner Cheran reported that the use would take place in a two -story, eight -room, 2,448 - square -foot stone and log structure. He said that one of the eight rooms will be used as a store office and the remaining rooms will be furnished with merchandise to sell. He said that merchandise for sale included furniture, bedding, throws, pillows, games, and garden accessories; an on- premises kitchen will produce apple and vegetable specialties, as well as cookies and candies. He added that there will be no service of gasoline or other petroleum products and no restaurant or deli operation. Planner Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. R. J. Turner of R. J. Turner Enterprises, LLC, was the applicant and contract owner of the property, and he came forward to answer questions from the Commission. Mr. Turner said that his wife would be operating and running the store. Commission members inquired about parking lot standards and staff replied that the zoning ordinance requires a prime and seal surface with no curb and gutter or landscaping requirement. Mr. Turner requested that he be permitted to use interlocking pavers or a material similar to what was used at Hackwood, so as not to spoil the integrity of the building. Mr. Turner did not believe it would be appropriate to use a large slab of concrete next to a building that was constructed in the 1700- 1800's. Commission members inquired how far outside of the UDA this property was located. Staff replied that the UDA line literally envelopes this parcel, but the parcel is not within the UDA. . Commission members inquired if the entrance to this parcel crossed someone else's property. Staff replied that the proposed plat shows the entranceway to the parking lot coming through the Allen property and also shows an off -site drainfield easement. Mr. Turner explained that he is having discussions with Mr. Richie Wilkins and Mr. Jim Vickers, contract purchasers of the Allen tract, in attempts to acquire additional easement. Mr. Turner explained that he and his wife are trying to maintain the integrity of the historic house and are sensitive to the way in which it will be developed. Mr. Turner said that they are in the process of attempting to have the home recorded in the National Registry of Historic Places. Mr. Turner next described his and his wife's plans for both the inside and outside of the building and their anticipated intensity of use. Chairman DeHaven called for public comment, however, no one was present to speak. Conunissioner Morris, a member ofthe Historic Resources Advisory Board (HRAB), said the HRAB had a very favorable meeting with the Turners. Commissioner Morris referred to the memo in the Commission's agenda, written by Planner Rebecca Ragsdale, which explained in detail the essence of the meeting. Commissioner Morris was confident that the Turners would have a first -class business, while maintaining the historic integrity of the building, and he was in favor of the proposal. Some members of the Commission voiced opposition to the proposal, however, because the proposed business would be located in an agricultural area. The point was made that if this structure is to be Frederick County Planning Commission Minutes of October 3, 2001 Page 731 J Pr -4- used as a business, then it should be rezoned to BI (Neighborhood Business); they believed that conducting • this activity in an RA area under a conditional use permit, in light of its potential intensiveness, would not be appropriate. They believed that rezoning the property to B1 would be the appropriate way to proceed. Other members were supportive of the request. They compared this request to the CUP that was granted for a 7 -11 Store at the Farmers Livestock Exchange some time ago and believed this request was nowhere near that intensity. It was pointed out that this is an opportunity to help save, remodel, and refurbish a historical property. It was also pointed out that this property is quite close to the UDA, it is a quarter -mile from the City of Winchester, and is a potential tourist attraction. Commissioner Morris argued that CUPS are permitted in the RA District and if the property was rezoned, the UDA line would have to be modified to accommodate the rezoning. He questioned the appropriateness of creating these obstacles for an applicant over a use that is allowed under a CUP. Chairman DeHaven agreed; he believed this CUP was completely within the intent and purpose for CUPS in the RA Zoning District. However, he hoped that the site plan would show an off -site entrance that serves the entire parcel, as opposed to multiple entrances on Cedar Creek Grade. Upon motion made by Mr. Morris and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #15-01 of Homespun Gifts and Gardens for a County Store/Mercantile at 949 Cedar Creek Grade with the following conditions: • 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the country general store. 3. Maximum height of a freestanding sign shall be six (6) feet. 4. Maximum size of a freestanding sign shall be twenty -five (25) square feet. 5. No internally - illuminated signs shall be allowed outside of the building. 6. Maximum size of a building- mounted sign shall be ten (10) square feet. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of fifteen (15) feet from the property line. 8. Parking shall only be permitted behind the structure. No petroleum sales, restaurant or deli operation shall be allowed. 10. Any expansion or change of use will require a new Conditional Use Permit. Frederick County Planning Commission Minutes of October 3, 2001 Page 732 -5- • The vote on this conditional use permit was as follows: YES (TO APPROVE) Triplett, Fisher, Kriz, DeHaven, Light, Morris, Unger, Watt NO: Thomas, Wilson Revised Proffers for Briarwood Estates, submitted by Dave Holliday of SHIHO, Inc. to eliminate platting restrictions associated with the Greenwood Road (Rt. 656) Improvement Project. Briarwood Estates is located in the Red Bud Magisterial District. Action - Recommended Approval Planning Director, Evan A. Wyatt, read the background and project history for this request. Director Wyatt said that in 1998, the Briarwood Estates subdivision received conditional zoning approval in the form of a proffer statement for a 50.53 -acre portion of the tract which was ultimately consolidated and is under development today. He said that one of the conditions of the proffer the applicant had voluntarily offered was to only build a certain amount of the lots within Briarwood until the Greenwood Road improvement project was complete. Director Wyatt said the developer was willing to do that because of the concerns expressed by both the Commission and the Board of Supervisors about the ability of Greenwood Road to handle additional traffic until the road improvement project was completed. • Director Wyatt continued, stating that currently, the developer has maximized the lots he is allowed to develop under his proffer statement and has requested an opportunity to come before the Commission and Board to have just one section of his proffer revised, the one which limited lot development. Director Wyatt said that VDOT officials are anticipating completion of the Greenwood Road Improvement Project by or before Thanksgiving of 2001 (approximately eight weeks from now). He added that both the Building Official and the Director of Public Works have stated that if building permits were issued for the remaining lots, the time frame for issuing Certificates of Occupancy, which would result in additional traffic generation onto Greenwood Road, would be approximately 90 to 120 days (approx - imately 12 to 16 weeks from now). The President of SHIHO, Inc., owner of Briarwood Estates, Mr. Dave Holliday, stated that they are presently working on the final lot on which they can build and he has five builders who would like to get building permits for the remaining lots before the cold weather sets in. Mr. Holliday guaranteed the houses would not be completed until after November or December, after the projected completion date for Greenwood Road. Chairman DeHaven called for public comments, however, no one came forward to speak. The Planning Commission had no issues of concern with amending the proffer, in light of the time frames for the completion of Greenwood Road and the development of the remaining residential lots. i Frederick County Planning Commission Minutes of October 3, 2001 Page 73; M 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 request by SHIHO, Inc. to amend the proffer statement for Briarwood Estates by eliminating platting restrictions associated with the Greenwood Road (Rt. 656) Improvement Project. Waiver Request for Driveway Spacing Requirements at the Trex Office Center, submitted by G. W. Clifford & Associates, Inc. The property is located on North Frederick Pike (Rt. 522 North) and is identified with P.I.N. 42- A -198J and 42- A -198G in the Stonewall Magisterial District. Action - Recommended Approval Planner Rebecca Ragsdale reported that this request for a waiver to the minimum driveway spacing requirements was submitted by G. W. Clifford & Associates, Inc. on behalf of the Bank of Clarke County. Planner Ragsdale explained that North Frederick Pike (Rt. 522 North) is classified as a primary road with a 45 mile - per -hour (mph) speed limit and the ordinance specifies that new driveways or entrances be placed 200' from existing driveways on roads with a posted speed limit of more than 35 mph. She explained that the waiver will permit an entrance off North Frederick Pike to access the proposed Bank of Clarke County and she pointed out the locations of the facility and entrances on a map. Planner Ragsdale said that the applicant is 12' short of the 200' requirement. Mr. Ronald A. Mislowsky with G. W. Clifford & Associates, Inc. was available to answer questions from the Commission. Chairman DeHaven stated that when the Commission originally considered this development, the Commission expressed the desire to ultimately see Exeter go out to the intersection with Fox Drive. Chairman DeHaven asked Mr. Mislowsky if any progress was made towards that goal. Mr. Mislowsky replied that the rear property line of the adjacent site also has an egress /ingress easement and the road will be constructed as part of the development of this site and the site immediately to the north. Mr. Mislowsky said there will be the ability to proceed up Exeter, just past the the Bank of Clarke County site, to make a left behind the chapel, and exit on Fox Drive. He believed this would be the main access for the gas station on the next site to the north. He added that the future Handy Mart site will share the entrance with the Bank of Clarke County. Mr. Mislowsky guaranteed there would be no additional entrances or exits from any portion of this site out onto Route 522. There,were no public comments. 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 waiver request for driveway spacing requirements at the Trex Office Center on North Frederick Pike (Rt. 522 North) with the understanding that no other entrances going into the Trex Center from North Frederick Pike will be proposed. The entrance for which this waiver was necessary will be approximately 188' Frederick County Planning Commission Minutes of October 3, 2001 Page 734 -7- from Exeter Drive and will be shared with the proposed Handy Mart. • OTHER PLANNING COMMISSION'S MEETING OF OCTOBER 17, 2001 - WATER SENSITIVE WORKSHOP Planning Director Evan A. Wyatt reminded everyone that the Commission's second scheduled meeting of October (October 17, 200 1) will be held at the Orchard View Elementary School for the Water Sensitive Design Workshop sponsored by Virginia Tech on behalf of the Planning Commission. Director Wyatt said the meeting will start at 6:30 p.m. and should end by 9:30 p.m. PLANNING COMMISSION'S MEETING OF NOVEMBER 21, 2001 RESCHEDULED TO MONDAY, NOVEMBER 19, 2001, DUE TO THANKSGIVING HOLIDAY Director Wyatt pointed out that the Commission's regularly scheduled second meeting of November (Wednesday, November 21, 2001) falls on the day before the Thanksgiving holiday. The Commission decided that if applications were submitted that needed to be acted on, they would prefer to have the meeting on Monday, November 19, 2001. If no applications were submitted, then the meeting should be canceled. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by unanimous vote. Respectfully submitted, Evan A. Wya Secretary Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of October 3, 2001 Page 735 hL