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PC_05-15-02_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 May 15, 2002. 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; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Interim Planning Director; Abbe Kennedy, Senior Planner; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - APRIL 3, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of April 3, 2002 were unanimously approved as presented. Comprehensive Plans & Programs Subcommittee (CPPS) - 05/13/02 Commissioner Light reported that the CPPS discussed corridor entrance and appearance entering the Winchester and Frederick County areas. Commissioner Light explained that at present, the committee is becoming familiar with available tools and implementation. • Frederick County Planning Commission Minutes of May 15, 2002 Page 862 2- • Transportation Committee - 05/07/02 Mtg. Commissioner Kriz reported that the Transportation Committee had just enough members present to have a quorum for the meeting. Commissioner Kriz said the committee discussed the 2002 Primary Road Plan, however, when it was time to vote, one of the committee members refused to vote. He said that as a result, no action was taken. Economic Development Commission (EDC) - 05/10/02 Mtg. Commissioner "Thomas reported a downturn on the number of requests from businesses for space in the County. Commissioner Thomas reported that the EDC is looking at initiatives that will present Frederick County in a more friendly and attractive light. PUBLIC HEARING Request of Roy and Loretta McDonald to remove two parcels totaling 37.95 acres from the South Frederick Agricultural and Forestal District. These parcels are identified with P.I.N. 84- A- 49B,which contains 25.7 acres, located along V aucluse Road (Route 638), and P.I.N. 72 -A -85, which contains 12.25 acres, located along Middle Road (Route 628), in the Back Creek Magisterial District. Action - Recommended Approval Senior Planner Abbe Kennedy stated that on March I, 2002, Mr. and Mrs. Roy McDonald submitted a letter of request to remove two of their parcels, totaling 37.95 acres, from the South Frederick Agricultural and Forestal District, due to their desire to pursue other options for their acreage. Planner Kennedy stated that the Agricultural District Advisory Committee (ADAC) considered this request on April 23, 2002, and recognizingthe hardships within the industry ofagriculmre in ourarea, the ADAC unanimously voted to recommend to the Commission that these two parcels be removed. Mr. Roy McDonald explained that some of this land is in apple orchard that is old and ready to go out. Mr. McDonald said that considering the current status of the orchard industry and the cost of replacing the existing orchard with a new one, it would not be cost - effective for him to pursue an orchard on this property. He added that he will continue to farm the remainder of his property, but the removal of this acreage will help to support his other farming activities. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Doug Dolan, a resident of the Red Bud District and the Executive Officer of the Blue • Frederick County Planning Commission Minutes of May 15, 2002 Page 863 -3- Ridge Association of Realtors, expressed his belief in upholding private property owners' rights. Mr. Dolan • said that the Blue Ridge Association of Realtors supports the highest and best use of land and it also supports the property owners' rights to do with their property as they see best. He was concerned about any possibility of pinning someone into an unprofitable business because one would not like to see development occur. He said that apples have not been a good cash crop; there's not only competition from Washington, but from overseas. Mr. Dolan said that most of the equity farmers have is in their land; he said if they are denied the highest and best use of their land for the better good of the County, it leaves questions and could lead someone into bankruptcy. Commissioner Thomas stated that a property owner's placing of land into an Agricultural and Forestal District is a total volunteer process; he said there is no benefit, other than some tax breaks. Commissioner Thomas believed if membership in the Agricultural District made it too difficult for property owners to use their land and to retain their property rights, it couldjeopardize future landowners from putting their property in the Agricultural and Forestal District again. He believed the Agricultural and Forestal District was a good program, but the County needs to make certain not to abuse the program and destroy it. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request of Roy and Loretta McDonald to remove two parcels totaling 37.95 acres from the South Frederick Agricultural and Forestal District. These parcels are identified with P.I.N. 84- A -49B, which contains 25.7 acres, located along Vaucluse Road (Route 638), and P.I.N. 72 -A -85, which contains 12.25 acres, located along Middle Road (Route 628), both in the Back Creek Magisterial District. • The vote on this recommendation was as follows: YES (TO APPROVE REMOVAL) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry NO: Gochenour Request of Marker - Miller Orchards L.P. to remove one parcel totaling 234.33 acres from the South Frederick Agricultural and Forestal District. This parcel is identified as Property Identification Number 62 -A -29 in the Back Creek Magisterial District. Action - Recommended Approval Senior Planner Abbe Kennedy stated that on March 20, 2002, Mr. John Marker submitted a letter of request to remove one parcel, totaling 234.33 acres from the South Frederick Agricultural and Forestal District, due to their desire to pursue other options for their acreage. She said that the Markers will continue to concentrate on their fruit growing for retail and local wholesale markets on the majority of their property. Planner Kennedy stated that the Agricultural District Advisory Committee (ADAC) considered this request on April 23, 2002, and recognizing the hardships within the industry of agriculture in our area, the ADAC unanimously voted to recommend to the Commission that these two parcels be removed. • Frederick County Planning Commission Minutes of May 15, 2002 Page 864 4- • Mr. John Marker, the property owner, was available to answer questions from the Commission. Chairman DeHaven called for public comment and one citizen came forward to speak: One citizen came forward to inquire when Stonymeade, the new road made in that subdivision, will be finished. She said the extension of Stonymeade would traverse the property in discussion. Chairman DeHaven believed that when the adjoining properties along Stonymeade develop, additional portions ofthe road would be built. Chairman DeHaven advised the citizen to meet with one of the Planning staff. Upon motion made by Commissioner Unger and seconded by Commissioner Triplett, BE IT RESOLVED THAT, The Frederick County Planning Commission does hereby recommend approval of the request of Marker - Miller Orchards L.P. to remove one parcel totaling 234.33 acres from the South Frederick Agricultural and Forestal District. This parcel is identified as Property Identification Number 62 -A- 29 in the Back Creek Magisterial District. The vote on this recommendation was as follows: YES (TO APPROVE REMOVAL) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry NO: Gochenour n U Master Development Plan #03 -02 for the Hartwood Subdivision, submitted by Greenway Engineering, for the development of 19 single- family detached cluster lots on an 8.264 -acre parcel. This property is located at 746 Double Church Road and is identified with Property identification Number 86 -A -21B in the Opequon Magisterial District. Action - Recommended Approval Commissioner Greg Unger said that he would be abstaining from al I d iscussion and voting on this item due to a conflict of interest. Senior Planner Abbe Kennedy read the background information; she reported no significant review agency comments. Planner Kennedy stated that this property was rezoned from RA to RP in 1998 and a number of proffers were approved as part of the rezoning application, which are included on the submitted master development plan (MDP). She said the proffered density was not to exceed more than 20 single- family detached dwellings; there are to be no apartments, duplexes, townhouses, or other multi -fami ly dwellings; and $3,934.21 per lot would be assessed to address impacts on public schools, parks and recreation, and the Stephens City Fire and Rescue Company. Planner Kennedy noted that the proximity of this parcel near the Double Church Road Agricultural and Forestal District, as well as agricultural land uses, is of concern to the staff. She stated that staff believes it would be prudent to have the developer disclose the location of the • Frederick County Planning Commission Minutes of May 15, 2002 Page 865 -5- Double Church Road Agricultural and Forestal District and permitted land uses in the Rural Areas within all • property deeds and sales literature. Planner Kennedy concluded by stating that the property is located within the Urban Development Area, the layout of the plan conforms to the requirements of the Zoning Ordinance, and is consistent with the County's Comprehensive Policy Plan. She added that the proposed single - family residential development is an appropriate land use for the Residential Performance (RP) District. Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent the applicant. In response to one ofthe Commissioner's questions regarding structures on the property, Mr. Wyatt replied that the two -story white structure w i l l stay and become one ofthe 19 lots on the property, however, the outbuildings will be removed. Regarding the VDOT comment, Mr. Wyatt noted that the 25'to 30' off -site dedicated right - of -way for Double Church Road (Rt. 641) will allow a taper off of Rt. 641 for safety and it better aligns Rt. 641 with the entrance to Woodside to the north. He stated that VDOT has indicated that the design incorporated into the MDP, which was also part of the proffer, has mitigated their concerns. Commissioner Ours inquired if calculations were done on impacts to the intersection of Rt. 277 and Double Church Road. Mr. Wyatt projected a maximum of 190 average vehicle trips per day based on V DOT counts; he said the increase in t r a f f i c overall w i l l be less than 8% and, during peak hours, even less. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Tim Thomas and Mrs. Lynn Thomas, owners of property directly across from the entrance road to the proposed Hartwood subdivision, were concerned about the increased traffic and especially the • headlights from vehicles shining into their bedroom and living room. Mr. Thomas inquired if the entrance to Hartwood could be made through Woodside. Mr. Wyatt responded by stating that the reason this traffic cannot be pulled through Woodside is that al I ofthe area around this property has already been legally platted into lots and the only point ofaccess is Route 641. Mr. Wyatt explained that with VDOT's 50' entrance requirement, there is not enough room to shift the entrance and still meet site distance requirements. Commissioner Thomas, who stated for the record that he was not related to Mr. and Mrs. Tim Thomas, inquired if Mr. Wyatt could work something out with the Thomas' concerning a vegetative or earth berm buffer across the road on the Thomas' property, so the headlights would not shine into their home. Mr. Wyatt commented that they are proposing to do a landscaped screen and a berm along Rt. 641, but they will see if there is a potential to do something on the Thomas' site. Commissioner Thomas inquired as to what type of street lighting was envisioned for the neighborhood. Mr. Wyatt replied that the ordinance for lot sizes of this type requires street lights at all intersections, so the intersection point in this particular subdivision would beat Double Church and Plankwood. Mr. Wyatt described the street light as pole- moturted, but it would not have shields. He said the street light should not protrude light across the road onto the Thomas' property. Chairman DeHaven asked Mr. Wyatt about the staffs recommendation concerning the disclosure statement. Mr. Wyatt replied that the applicant would certainly be more than willing to have the disclosure statement, indicating the proximity of the Double Church Road Agricultural and Forestal District, U Frederick County Planning Commission Minutes of May 15, 2002 Page 866 M included in all deed disclosures. • Commissioner Ours said that he has had concerns for many years about the traffic on Double Church Road and his comments are on record from when Woodside Estates was considered. Commissioner Ours commented that along with the additional homes comes the additional traffic and he was concerned about upgrading the road, which unfortunately, he said was not up to the County, but up to the State. He believed this developer had done as good a job as they could to mitigate the impacts of the traffic; he commented that this is a by -right use in an area zoned for this type of development. Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #03 -02 forthe Hartwood Subdivision, submitted byGreenway Engineering, forthe development of 19 single - family detached cluster lots on an 8.264 -acre parcel with the stipulation that the developer work with the adjacent landowners at P.I.N. 86-((A))-7 IA on the possibility of installing some method of screening to prevent headlights from protruding into their home and with the stipulation that the location and the significance ofthe Double Church Road Agricultural and Forestal Districtand permitted land uses in the Rural Areas be disclosed within all property deeds and sales literature. This recommendation was passed by the following majority vote: YES (TO APPROVE) Watt, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry NO: Straub, Gochenour ABSTAIN Unger OTHER SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION (SVBF) IMPLEMENTATION PROJECT GRANT APPLICATION Action - Recommended Approval Planner Rebecca Ragsdale said that staff is in the process of preparing a grant application to the Shenandoah Valley Battlefields Foundation (SV BF) and the grant, if awarded, would be used to acquire three interpretative signs from Virginia Civil War Trails (VAC WT). Planner Ragsdale explained that V AC WT is a program designed to enhance Civil War sites throughout the Commonwealth by providing interpretative signage and heightening marketing efforts to promote tourism. She gave the three proposed locations as: I ) Fort Collier (Third Battle of Winchester [Opequon]); Winchester Equipment (Second Battle of Winchester, located at Rt. 522 North and Indian Hollow Rd.); and Poorhouse (Second Battle of Winchester, located along Poorhouse Rd., between Rt. 522 North and Rt. 50 West). Planner Ragsdale continued, stating that the County's costs associated with the project would • Frederick County Planning Commission Minutes of May 15, 2002 Page 867 -7- be a minimum of 20% match to the total project cost, as required by the SVBF grant. She said that the cost • of each sign from VACWT is $2,600 for a total project cost of $7,800. She added that the County's minimum required match is $1,560 and is already available in the Department of Planning and Development's 2001 -2002 Fiscal Year budget. Chairman DeHaven called for public comments, however, no one came forward to speak. The Planning Commission reviewed the grant application and expressed their support. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend approval of the submittal of the Shenandoah Valley Battlefields Foundation Implementation Project Grant Application for the acquisition of three interpretive signs to enhance Civil War sites in the County. KERNSTOWN BATTLEFIELD ASSOCIATION'S REQUEST FOR GRANT SUPPORT Action - Recommended Approval Interim Planning Director Eric R. Lawrence stated thatthe Kernstown Battlefield Association (KBA) is submitting a grant application to the Shenandoah Valley Battlefields Foundation's (SVBF) Shenandoah Valley Battlefields National Historic District Implementation Proiect Grant Program to acquire T� funding to erect perimeter fencing on the KBA's property. He said the KBA has requested that the County consider endorsement of the grant application, as well as provide a portion ofthe matching funds necessary for the grant program. Interim Director Lawrence explained that the staff had approached the KBA inviting them to participate in a grant application the County was submitting to secure funding for Virginia Civil War Trails(VACWT) signs, however,the KBA informed staff that an individual had alreadyoffered to provide the KBA with the necessary funds to acquire such a sign. He said the KBA did express an interest in utilizing the matching funds the County would have provided for the VAC WT signs, to be redirected for use in the KBA's grant application for the perimeter fencing. Interim Planning Director Lawrence continued, stating thatthe KBA is seeking a grant from the SVBF for $10,000; this grant program requires the applicant to provide a minimum of 20% ($2,000) matching funds. He said the KBA has requested that the County provide $1,000 towards the required 20% match. Mr. W. Lawrence (Larry) Duncan, President of the Kernstown Battlefield Association, explained about the rather extensive perimeter fencing project the KBA plans for their northern and eastern boundaries. Commission members had questions about the fencing material and whether the proposed fencing would compliment the fencing atCreekside. Mr. Duncan said the proposed fencing will compliment other interior fencing and natural resource protection projects they have in conjunction with the Department of Agriculture. He said that in addition to KBA's mission of historic interpretation, they also try to be the best • Frederick County Planning Commission Minutes of May 15, 2002 Page 868 M stewards ofthe land as far as the protection of natural resources and the continuance ofthe agricultural heritage • of the property. Mr. Duncan said their intention is to use a cattle fence and the material wi I I be American Wire or woven wire. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Doug Dolan stated that he had the privilege of co- chairing the Battlefield Task Force back in 1993 and 1995 and, therefore, was present to speak in favor of the grant application. Mr. Dolan said that the Kernstown Battlefield was the site of two very si gnificant battles duringthe Civil War and wasthekeystone of the Battlefield Network Plan for Winchester- Frederick County and it also ties in to the Shenandoah Valley Battlefield Four dation 's network throughout the Valley. He added that the Kernstown Battlefield is probably the best interpretive site in terms of maintaining its historic significance. The Planning Commission reviewed the grant application and expressed their support ofthe County contributing $1,000. Upon motion made by Commissioner Unger and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend support ofthe Kernstown Battlefield Association's submittal ofthe Shenandoah Valley Battlefields Foundation Implementation Project Grant Application for the acquisition of perimeter fencing at Kernstown Battlefield and also recommends support of a $1,000 contribution by Frederick County. • ELECTION OF ERIC R. LAWRENCE, SECRETARY, FOR 2002 Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, the Frederick County Planning Commission does hereby unanimously elect Eric R. Lawrence as Secretary of said Commission for the remainder of 2002. BY -LAWS FOR SUBCOMMITTEES OF THE PLANNING COMMISSION Commissioner Straub suggested that subcommittees ofthe Planning Commission establish by- laws, similar to those used by the Planning Commission, so that if the Chairman or Vice Chairman are not available, the other members of the subcommittee have a guide to the conduction of the meeting. The consensus of the Commission was that Mrs. Straub's suggestion was reasonable. Chairman DeHaven requested that the staff draft a simple one -page document that each of the two subcommittees could review and then bring to the Planning Commission for discussion. • Frederick County Planning Commission Minutes of May 15, 2002 Page 869 M • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:10 p.m. by a Respectfu I � �ubm itted, Eric R. I-JaN fee, Secretary Charles S. DeHaven, Jr., Chairman • • Frederick County Planning Commission Minutes of May 15, 2002 Page 870