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PC_03-06-02_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 March 6, 2002. PRESENT: Charles S. DcHaven, Jr., Chainnan/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; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Sidney A. Reyes, Board Liaison; Jay Cook, Legal Counsel and Vincent DiBenedetto, Winchester City Liaison. ABSENT: Richard C. Ours, Opequon District; John H. Light, Stonewall District; and Gene E. Fisher, Citizen at Large. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; Abbe Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman DcHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 02/28/02 Commissioner Thomas reported that the DRRS discussed proposed modifications to the zoning ordinance for the expansion of nonconforming uses and structures; they more clearly defined the term, "immediate family members" in the definitions section of the zoning ordinance, and, they also discussed setback requirements. Transportation Committee Commissioner Kriz reported that the Transportation Committee did not meet in March, however, four committee members were invited and attended the Revenue Sharing Meeting at Aylor School on March 5. _-e\ Frederick County Planning Commission Minutes of March 6, 2002 Page 821 -2- • Economic Development Commission (EDC) - 03/01102 Mtg. Commissioner Thomas reported that the EDC discussed the draft Strategic Analysis work for the Vision Statement, Goals and Mission Statement, which will be presented to both the Board of Supervisors and the City Counsel for approval. He said they also discussed the status of the search for a new EDC director. Winchester Planning Commission (WPC) Mr. Vincent DiBenedetto reported that the WPC held its annual retreat on February 23, 2002 and discussed a number of topics. Mr. DiBenedetto reported that the WPC discussed Washington Square, which is the parking lot behind the Joint Judicial Center, and the progress being made to convert it into a city park; the WPC reviewed the County Planning Commission's Bylaws and hope to use them as a template for bylaws of their own, and they incorporated the Corridor Overlay as one of the projects on their work plan for 2002. • PUBLIC MEETINGS Request for a waiver to increase woodlands disturbance in the Autumn Glen Subdivision, submitted by Mr. Mark Smith of Greenway Engineering. This waiver would increase tree disturbance from 4.02 acres to 11.07 acres on a 56 -acre tract identified by P.I.N. 75 -A -104, zoned RP (Residential Performance) in the Opequon Magisterial District, which was also previously master planned in 1998. Action - Reconunended Approval Deputy Planting Director Eric R. Lawrence reported that this woodlands waiver request is for land in the Autumn Glen Subdivision, located on Tasker Road, and is a portion of the larger Tasker Land Bays master development plan (MDP) which the County approved approximately five years ago. Deputy Director Lawrence said the approved MDP indicates there are 16.09 acres of woodlands in the Autumn Glen area and the MDP allows for 25% of woodland disturbance, which is approximately 4.02 acres. He explained that an additional woodlands disturbance of 7.05 acres is being sought. In summary, he said 16 acres of woodlands are on the property; four acres are allowed to be disturbed under the current MDP; and the applicant is requesting additional disturbance of seven acres. Planning Director Evan A. Wyatt next gave some background information of the project. Director Wyatt said that originally, a large -area master plan was approved for the Tasker Land Bays which included Autumn Glen, The Camp, and the Canter Estates project and involved two engineering firms working on behalf of several property owners. He explained that as the first few subdivisions came in, it was noticed that a disproportionate amount of woodlands disturbance was being utilized in relation to the overall area. He i Frederick County Planning Commission Minutes of March 6, 2002 Page 822 -3- said that as a result of these difficulties, all the areas were re- master plamred independently of each other, and • the issue at Autumn Glen was realized. Mr. Mark Smith of Greenway. Engineering, representing the Autumn Glen subdivision, said the waiver is a way to resolve the issue [of acconuuodating the road layout, the easements for water and sewer, and the housing lots] so the master plan can go forward as originally planned. Mr. Smith said that a field walk of the property conducted about 12 -18 months ago with the County's Zoning and Subdivision Administrator determined which areas could comply, He explained that the quality of the trees in the proposed disturbed area are not of great significance and the better trees remain at the perimeter of the property to be saved. Mr. Smith described the approximate size and types of trees and where they were located. He also gave the Conunission a brief history of the project to date. Chairman DeHaven called for public continents and the following persons came forward to speak: Mrs. Virginia Newcome wanted assurances that trees taken down would be removed from the property. Mrs. Peggy Ramsey, a resident of Auhunr Glen, believed that removing the existing trees would greatly impact the environment and would disrupt existing wildlife. Ms. Grace Sabenosh said that when she purchased her lot she was told that trees would remain a part of the community and the general area was pointed out. Ms. Sabenosh remarked that she and her neighbors experienced considerable structural, plumbing, and heating problems when they first moved into tlreir • homes. Mr. Charles W. Maddox, Jr., Shawnee District landowner and one of the developers for the Tasker Land Bay Project along with Mr. Mark Smith, corrunented that the woodlands issue is going to be more frequent because of the utilization and development of the remaining portions of the Urban Development Area (UDA) without expansion. Mr. Maddox stated that of the approximately 750 lots, this was the only tract of land designated for multi- family, high - density because of its location at the intersection of two major collector roads and because it's adjacent to land zoned for commercial neighborhood uses. Mr. Maddox remarked that the 25% rule creates a significant impediment to planning this type of development and the ordinance appropriately allows applicants to request waivers where good planning, common sense, and better development can be achieved in the best interest of Frederick County. He recalled that vegetative planting is a requirement of the ordinance for the proposed housing type. He believed the replacement trees would be higher quality than the type that are existing and, as the neighborhood matured, would be visually more attractive than if an attempt was made to preserve the existing trees. Mr. Neil Ramsey, a resident of Autumn Glen, was opposed to the waiver request. Mr. Gil Hamilton, a resident at the corner of Lynn Drive and Oak Drive in Autumn Glen, stated that the area in question is approximately 35 feet from his back door. Mr. Hamilton said that the area in question is nothing but underbrush and scrub pine that are destined to fall if separated because they are shallow- rooted. He commented that property owners will have to pay for the removal of trees that fall in their yards. Mr. Hamilton was in favor of the waiver request. l J Frederick County Planning Commission Minutes of March 6, 2002 Page 823 -4- In response to several of the Autumn Glen residents' comments that no trees or shrubs were • planted on their individual lots, Director Wyatt advised that the ordinance does not require plantings for duplex or multiplex housing types, which are the housing types developed to date in Autumn Glen. Director Wyatt said that Mr. Maddox was referring to vegetative plantings for the single - family small lot housing, which is designated for the remainder of this property. He said that the single- family small lot housing requires 20 plant types, five of which must be trees. The majority of the Commission members believed the area in question was primarily comprised of scrub and other low quality trees and the developer had chosen to preserve the better quality trees that were existing around the perimeter of the area. They conceded that work remains to be done on the County's woodlands ordinance; however, until the work is accomplished, the waiver provision was made available for the developers to make their situations workable. They believed that in order to utilize this portion of the UDA, the waiver request was appropriate in this situation. Other camnissioners believed this area of trees should be preserved for quality of life reasons and for the preservation of wildlife; they questioned the credibility of the developer; they believed the developer should be required to do a grid sampling; they did not believe there was a convincing reason to grant the waiver. Upon motion made by Conmissioner Thomas and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby reeonntend approval of the request for a waiver to increase woodlands disturbance in the Autumn Glen Subdivision, submitted by Mr. Mark Smith of Greenway Engineering. This waiver would increase tree disturbance from 4.02 acres to 11.07 acres on a 56 -acre tract identified by P.I .N. 75 -A -104. This waiver was granted by the following majority vote: • YES (TO APPROVE WAIVER) Triplett, Kriz, Thomas, Morris, Unger, Watt, DeHaven NO: Rosenberry, Gochenour, Straub Request to expand the Sewer and Water Service Area (SWSA) to incorporate a 57.87 -acre site owned by Kathryn M. Perry and identified with P.I.N. 64 -A -116, zoned B2 (Business General) District. This property is located on Millwood Pike (Rt. 50 East), north of the Westview Business Center, in the Shawnee Magisterial District. A small portion of the property is currently in the SWSA. The property is slated for a new County middle school. No Action Required Deputy Planning Director, Eric R. Lawrence, stated that the staff has received a request from Mr. Charles W. Maddox, Jr. of G. W. Clifford R Associates, Inc. to expand the Sewer and Water Service Area (SWSA) to incorporate a 57.87 -acre parcel, zoned B2. He noted that a small portion of the site is currently in the SWSA and Rt. 37 (Alternative C), as proposed, would cross the site's eastern boundary. Deputy Director Lawrence stated that the site is presently vacant, but the Frederick County School Board is seeking to acquire the tract for use as a future middle school site. • Frederick County Planning Commission Minutes of March 6, 2002 Page 824 -5- Deputy Director Lawrence continued, stating that the Comprehensive Plans and Programs • Subcommittee (CPPS) considered this request during their meeting on February 11, 2002 and believed that based on the site's present B2 (Business General) zoning and its proximity to other commercial and industrial uses, it would be appropriate to include this site in the County's SWSA. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. noted that this site is well within the corridor planning area for business and commercial development. He stated there is good commercial water flow capacity and sewer is adjacent to the site. speak: Chairman DeHaven called for public continents and the following person came forward to Mr. Ron Combs of the Stonewall District spoke concerning the possibility of Rt. 37 impacting this property. Mr. Combs believed that planning 20 -50 years ahead for future road construction was not unreasonable. He believed that this particular property should not be built on, if there was a possibility that buildings would have to be demolished. He did not want his tax dollars to be spent taking down business establishments that would be impacted by fixture road construction. Commissioners pointed out that this property was rezoned long before Rt. 37 was conceived and, in addition, if a property is zoned, it should have water and sewer. The fact that a portion of the property was definitely within the SWSA line was significant to most of the Commissioners. Members of the Commission discussed the impacts to this property that could result if a portion of the site is taken by the proposed Rt. 37 Interchange. They shared concerns about Rt. 37 and believed it would be a mistake to willingly approve anything that would interfere with the eventuality of Rt. 37. Chairman DeHaven pointed out � - that whether or not this property would be a potential school site is not an issue to the question at hand. He said that the property is zoned B2 and there is a list of allowed by -right uses; any of those uses could be legally built on the site today. Commissioner Thomas suggested the possibility of extending the SWSA to a line along Rt. 37 and to exclude the portion of the property within the potential construction area of Rt. 37. He believed the justification for excluding this portion would be that it was within the limits of Rt. 37 future intersection construction. Other Commission members were opposed to any expansion of the SWSA because of their uncertainty regarding water issues. They believed that until a use is identified for the site and the user's water needs known, there was no reason to extend the SWSA. Deputy Director Lawrence said that he would forward the Conunission's comments to the Board of Supervisors for their discussion. • Frederick County Planning Commission Minutes of March G, 2002 Page 825 DISCUSSION CONCERNING MODIFICATIONS TO THE ZONING AND SUBDIVISION ORDINANCES PERTAINING TO SITE PLAN AND SUBDIVISION DESIGN PLAN REQUIREMENTS. No Action Required Planner Jeremy F. Camp stated that the proposed text amendments are aimed at eliminating redundancy and improving the review process for site plans and subdivision design plans. Planner Camp said that the Zoning Ordinance presently requires that all subdivisions, other than single- family subdivisions, submit both a subdivision design plan and a site plan for review and approval. He stated that staff and the Development Review and Regulations Subcommittee (DRRS) are of the opinion that this requirement is redundant and unnecessary; therefore, the proposed text amendments would allowjust one design plan, so long as all information is provided. Planner Camp explained that the proposed text amendments would also clarify some of the ambiguities that exist in the current text of the Zoning Ordinance, specifically regarding the information that is needed to be provided on each plan. He added that these changes will assist staff in the review process, as well as to help engineers, land surveyors, and architects prepare site plans and subdivision design plans more proficiently. The Commission and staff reviewed and discussed the proposed modifications. Some minor corrections were pointed out, such as the inclusion of the Medical Support District; the use of the term, "Design" Review Committee instead of "Technical" Review Committee in one instance, the inclusion of the requirement for the height, width, and scientific plant name, as well as the common name, to help eliminate confusion regarding size of plants; and verification from staff that Section 165- 145(E)2 gave the Commission • the option to review plans that don't normally come before the Commission. Planning Director Evan A. Wyatt said that staff would implement the necessary changes into the text before the Board's review. Chairman DeHaven commended the DRRS and staff for revising the text for improved efficiency and clarification. DISCUSSION CONCERNING MODIFICATIONS TO THE ZONING ORDINANCE PERTAINING TO DRIVE -IN LANE REQUIREMENTS No Action Required Planning Director Evan A. Wyatt presented the discussion regarding drive -in lane requirements. Director Wyatt said that drive -in lanes are currently required to provide a minimum width of 12 feet; however, the requirements do not specifically address the ability to provide for canopy supports and raised concrete pads for pneumatic tubes and automatic teller machines within this area. He explained that the current language provides for drive -in lanes with an excessive width and requires interpretation on the part of the Zoning Administrator, if the developer desires to construct canopy support and raised concrete pads within this area. \J Frederick County Planning Commission Minutes of March 6, 2002 Page 826 -7- Director Wyatt continued, stating that the staff consulted representatives of the design • community, including site design engineers and structural design architects, about whether the proposed minimum nine - foot - width lane would be both adequate and consistent with applicable structural codes. He said the representatives concurred with the proposal. Director Wyatt also reviewed the other component of the amendment, dealing with vehicle stacking. He added that the Development Review and Regulations Subcommittee recommended approval of the proposed amendments at their meeting in October, 2001. The consensus of the Commission was that the amendment was appropriate. Director Wyatt said the staff will take this item to the Board of Supervisors for discussion. OTHER PRIMARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Planning Director Evan A. Wyatt said that the Primary Road Improvement Plan takes into —� account improvements to the arterial and interstate road system and is prepared to be presented at the Commonwealth's Transportation Board's Pre - Allocation Hearing, which is scheduled this year for April 5, 2002. Director Wyatt explained that because of the Board of Supervisors' budget public hearing on March 27 and the Commission's work session scheduled for March 20, the staff had to expedite the process normally • used to prepare this document, so that it could be ready in time for the April 5 Pre - Allocation Hearing. Director Wyatt continued, stating that the primary roads in the rural portion of the County are in pretty good shape; the goal now is for planning and improvements to the roads in primary road system within the eastern portion of the County. He said the top priority is the Rt. 37 Eastern Bypass and, as the plan has evolved, it has been broken into sections: I' Phase, Exit 310 at Kernstown to Rt. 522; 2n Phase, Rt. 522 to Rt. 50 East; 3` Phase, Rt. 50 East to Rt. 7; and Final Phase, Rt. 7 to the north and back into the loop. Director Wyatt said that staff has recommended a modification for this year which VDOT's resident engineer, Jerry Copp has concurred with, to demonstrate the first priority for Rt. 37 as two legs: the first leg, again, being the southern terminus extension to Rt 522, but also program the leg of Rt. 37 on the western side of I -81, between 81 and Rt. 37. Director Wyatt explained the staff's reasoning: first, because of the current congested traffic situation at the Welltown Road intersection with Rt. 11, it was staffs belief that if this leg of Rt. 37 is built initially, there's a potential to develop slip ramps in and out of the Stonewall Industrial Park, which will allow for commercial and industrial traffic to have direct access to Rt. 37 without having to go through the Welltown Road intersection; and secondly, the 1 -81 improvements are coming quickly and if this leg of Rt. 37 is constructed initially, it provides a logical detour of I -81 traffic, while work is performed on that segment of I- 81. Director Wyatt reiterated that the first priority recommended is the leg in the southern part and the leg in the northern part. Director Wyatt next talked about the second reconunended priority for the County which involved the Rt. 277 segment from the Exit 307 bridge in the Stephens City area down to the White Oak Road area, which is a developing residential /conunercial corridor; and following that, the completion ofthe remainder of Rt. 277 to Double Tollgate; the third priority, the four-lane urban design improvements to both Rt. I 1 South • Frederick County Planning Commission Minutes of March 6, 2002 Page 827 from the City limits to Rt. 37, and from the City limits to Old Charles Town Road; the fourth priority, the I -81 • improvements which he explained in detail; the fifth priority, a spot - safety improvement at Rt. 50/17; and lastly, the sixth priority, the Conunuter Park and Ride Lots on the Rt. 7 corridor. Conunissioner Reyes asked for clarification on Item 4A, the reconstruction of the bridge, as to which exit this was. Director Wyatt replied Exit 323, the White Hall Exit, near to the Flying J Truck Stop. Commissioner Straub inquired if any ofthe priorities become moot with the possible widening of I -81. Director Wyatt replied that the priorities for I -81 may or may not remain the same. He advised that if the public - private partnership occurs with the Star Solutions proposal, which received endorsement by the General Assembly, his belief was the community, including the City, the County, and the towns, need to have a presence in those discussions with the private sector developer to ensure that the communities' goals are considered in the design process. Regarding Rt. 277 at Stephens City, Conunissioner Straub asked if the County is looking at improving the on- and -off ramps at that point, but in conjunction with the possibility of widening at the same time. Director Wyatt replied that the local preference is the construction of a new interchange, keeping the existing interchange as only a cross -over to 1 -81, and physically locating a new interchange to the south. Commissioner Kriz noted for the Planning Conunission's information, that the modification to the Rt. 37 priority was discussed last year at the Transportation Committee meeting. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Charles W. Maddox, Jr. stated that the Board, as well as the Town, has gone on record concerning the Rt. 277 interchange. He said that if the historical and environmental studies could be started, the Rt. 277 interchange could move ahead in priority, according to VDOT. Mr. Maddox asked if some special emphasis could be placed here, since it is one of the biggest bottlenecks in the County. Conunissioner Gochenour commented about the short period of time for consideration of this Primary Road Plan and not being able to make a good decision in such a short time. Conunissioner Gochenour inquired if all of the historical, environmental, endangered species, and stream pollution issues that were raised during the public hearings on Rt. 37 had been addressed. Director Wyatt said that several items needed to be re- examined to satisfy not only historical issues, but for noise, etc., and the consultant conducted a redesign of the EIS and submitted it to address the concerns. He said that all the requirements of the Federal Highway Administration and VDOT were addressed. Commissioner Rosenberry asked if the Rt. 37 Eastern Bypass, in terms of the Board of Supervisors, is a settled matter in ternns of direction. He inquired if this is something the County is working towards and if this is the number one priority. Director Wyatt concurred; he said the County had a consultant do various aligmnents for the Rt. 37 corridor and six different selections were singled out. Director Wyatt recalled that in approximately 1992 -1996, the preferred alternative for the Board was Alternative C, which provided longest mile travel route, but it impacted the least number of existing residences and properties, and that was the Board's main reason for selecting it. Director Wyatt noted that the County then conducted an environmental impact statement for that corridor, which has now been completed and has recently been signed by the Federal Highway Administration and the Department of Transportation. • Frederick County Planning Commission Minutes of March 6, 2002 Page 828 M ® Conunission members were in favor of the plan as presented. Upon motion made by Conunissioner Kriz and seconded by Conunissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors the adoption of the Primary Road Improvement Plan for Frederick County as presented. YES (TO APPROVE) Straub, Watt, Unger, Morris, Thomas, Kriz, Triplett, Rosenberry, DeHaven ABSTAIN Gochenour RAVENS MASTER DEVELOPMENT PLAN Planning Director Evan A. Wyatt stated that staff has received a letter, dated March 6, 2002, from Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc. regarding the Ravens Master Development Plan. Director Wyatt recalled that near the end of last year, a revision was proposed, several citizens were present with questions and continents, and Mr. Maddox requested an opportunity to redesign and come back. Director Wyatt said that the letter received indicates that they are going to withdraw the revision proposal and develop the original approved master plan. FREDERICK COUNTY RECEIVES TOP HONOR - MEDICAL SUPPORT DISTRICT Planning Director Evan A. Wyatt stated that the Planning Staff had submitted the Medical Support District Ordinance for consideration at the State level with other communities in the State of Virginia under the Program Award for Projects, Programs, and Tools. Director Wyatt was happy to report that the Selection Committee awarded the top honor to Frederick County for the ordinance. On behalf of the entire Commission, Chairman DcHaven congratulated the staff and the Development Review and Regulations Subcommittee on this community -wide effort, which included Medical Center personnel and the design community. Frederick County Planning Commission Minutes of March 6, 2002 Page 829 ME • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:10 p.m. by unanimous vote. Respectfully submitted, � - JL;�� 11//// / A. Wy tt, Secr I\ Charles S. DeHaven, Jr., Chairman • • Frederick Comity Planning Commission Minutes of March 6, 2002 Page 830