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HomeMy WebLinkAboutPC_09-04-02_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION FIeld in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 4, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; William C. Rosenberry, Shawnee District; Gene E. Fisher, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison, and Jay Cook, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; and Robert Sager, Board of Supervisors' Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Rebecca Ragsdale, Planner l; Candice Mills, Planner l; and Renee' S. Arlotta, Clerk. E CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - AUGUST 7, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of August 7, 2002 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 08/29/02 Mtg. Commissioner Unger reported that the DRRS discussed the protection of environmental features, flood plains, ponds, lakes, wetlands, sink holes, steep slopes, and woodlands. He said further • Frederick County Planning Commission Minutes of September 4, 2002 Page 924 -2- discussion will be needed on these items. E AMENDMENT TO AGENDA Chairman DeHaven requested the Commission consider an adjustment to the order of the agenda to move Item Number 7, the Timothy Johnson Waiver Request, to the beginning of the agenda. Chairman DeHaven said that Mr. Johnson attended the Commission's previous meeting, but was never heard due to other lengthy discussion items on the agenda. Upon motion made by Mr. Light and seconded by Commissioner Unger, the Commission unanimously agreed to adjust the order of the agenda to allow Mr. Timothy Johnson's waiver request to be heard first. COMMENTS FROM COMMISSIONER GOCHENOUR REGARDING TIMELY ARRIVAL OF AGENDA PACKAGES Commissioner Gochenour stated for a point of record that she believed the agenda packages were not received bythe Commissioners in a sufficientamountoftime in orderto reviewthe material and visit the sites. Commissioner Gochenour believed the Commissioners needed to receive the agenda information earlier. PUBLIC MEETING Request for a Waiver from the Frederick County Zoning Ordinance, Section 165- 37D(4), Buffer and Screening Requirements, submitted by Greenway Engineering on behalf of Timothy Johnson. The parcels are identified with P.I.N.s 33 -A -92 and 33 -A -93 in the Stonewall Magisterial District. Action - Unanimous Approval Planner Jeremy F. Camp stated that staff has received a request from Mr. Timothy Johnson, who is requesting relief from the buffer and screening requirements required by the Frederick County Zoning Ordinance for Mr. Johnson's two B3 parcels of land, 33 -A -92 and 33 -A -93, consisting of 1.89 acres. The land fronts on Route 11 and backs up to I -81, about 1/2 mile south of Exit 323. Mr. Camp said the development of Mr. Johnson's land with an auto repair shop requires a full screen against the residential properties to the south; the required full screen is to consist of a 10 -foot wide landscape screen and a six -foot opaque fence. He said that Mr. Johnson's auto repair shop, located on P.I.N. 33 -A -92, has already been constructed; however, the site plan has not been given final approval by the Planning Staff becausethe required landscaping has not been provided against the south property line. Planner Camp said that Mr. Johnson is requesting the elimination ofthe fence and landscape screen along the south property line of Lot 33-A-93, until his property is developed to accommodate a B3 -zoned use. He explained that this portion of the full screen would screen the existing church, the church parking lot, and the driveway to the auto repair shop, from the residential U Frederick County Planning Commission Minutes of September 4, 2002 Page 925 -3- property to the south. Mr. Camp added that the church, located on Lot 33 -A -93, existed prior to the rezoning of the parcels to 133 and remains in operation. Mr. Evan A. Wyatt, with Greenway Engineering, the design engineering firm representing the applicant, Mr. Timothy Johnson, said that Mr. Johnson is prepared to place the buffer when a B3 use is developed on the parcel. Mr. Wyatt brought the Commission's attention to a letter from Mr. and Mrs. Charles A. Cooke, property owners adjoining the church parcel, who were in support of the waiver request and stated it was their desire not to have the buffer and screening installed as long as the land use on the parcel remained a church. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Manuel DeHaven, adjoining property owner, was concerned if Mr. Johnnson's auto repair shop met zoning regulations at this location. Mr. DeHaven said he was involved in negotiations for a motel to be located adjacent to this auto repair shop on his property to the north; he wanted to know if he would be required to buffer his property against Mr. Johnson's auto repair shop or if Mr. Johnson would be required to supply the buffer. Commission memberswanted to be assured that if and when the church use changes to a more intensive B3 use, that Mr. Johnson will install the buffer. Mr. Wyatt stated that they could work with the staff and provide a revised site plan which included a narrative on the plan, stating that should any future development occur on the property, it would result in the need to submit a revised site plan and all applicable requirements will be met. Legal Counsel, Jay Cook, advised that a conditional waiver would be appropriate in this case. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission approved a waiver to the buffer and screening requirement for Parcel 33 -A -93 on September 4, 2002. This waiver enables the property owner to delay the implementation of the required Category C Buffer and screen until such time as Parcel 33 -A -93 is developed to enable a B3 Zoning District permitted land use. A site plan meeting all requirements of the Code of Frederick County shall be submitted to the County for approval when a permitted B3 Zoning District is proposed to be developed on Parcel 33-A-93. Rezoning #06 -02 of Rex Dalrymple, (continued from 6/19/02 meeting) submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RIP (Residential Performance) to B2 (Business General) District. This property is located along Valley Mill Road (Route 639) at Berryville Pike (Route 7) and is identified with P.LN.s 54F-1-9,54F-1-9A, 54F -A -30, 54F -3 -A, and 54F -3 -Al in the Red Bud Magisterial District Action - Recommended Denial n U Frederick County Planning Commission Minutes of September 4, 2002 Page 926 -4- Planner Abbe Kennedy stated that as part of this rezoning application, the applicant has requested to disconnect the existing connection to Valley Mill Road, Rt. 716, and relocate the entrance to provide a new connection further east on Valley Mill Road. She stated that the 3.18 -acre site, comprised of five parcels zoned RP and intended to be rezoned to a B2 zoning classification, is con sistentwith the County's Land Use Plan. Planner Kennedy said the applicant has submitted a revised proffer statement in an attempt to address various concerns raised during the Planning Commission's June 19, 2002 meeting. She next read the revised proffers for the Commission. Mr. Stephen L. Pettier, Jr., with the firm Harrison & Johnston, Authorized Agent for Valley Mill, LLC, introduced himself and Mr. Hank Sterenberg, P.E., of the engineering firm Chester Engineers. Mr. Pettler stated that in the event the 7- Eleven is an end user, the structure will be enhanced with brick facade, brick exterior, and canopies. He described the proposed buffer adjacent tothe residences using an il lustration. Fie also pointed out that in the event fuel tanks are located on the property, the applicant has proffered the use of double -lined tanks and will cap existing wells to alleviate concerns regarding groundwater contain ination. Commission members discussed Rt. 716 and the traffic flow situation with Mr. Pertler and Mr. Sterenberg. The Commissioners also verified with their legal counsel that if the property is rezoned, the proffers will be binding to the development, regardless of the owner. Mr. Stephen Melnikoff and Mr. Homer Coffman, representatives of VDOT, came forward to answer questions from the Corn inission. Commissioner Rosenberry inquired ifthe applicant's transportation flow plans could be impacted, if there was future widening of 1 -81. Mr. Melnikoff stated that V DOT wanted to go on record that they anticipate some type of improvements to 1 -81, although no plans have yet been approved. He said that V DOT has worked hard to get the applicant's entrance as faraway as possible, in order to lessen any impact the future might bring; however, V DOT cannot guarantee at this time whether or not the • 1 -81 improvements would disturb this property. He added that no V DOT right -of -way has been abandoned or discontinued in front of the site; VDOT wanted to make sure the entrance into this facility was far enough away from the limited access to meet federal standards and maintain VDOT's right -of -way. Mr. Melnikoff read some figures for projected trips per day for the proposed uses and the current trips per day on some of the nearby roads per Commissioner Straub's request. Regarding the proposed relocation of the connection at Valley Mill, adjacent to Dowell J. Howard, Chairman DeHaven inquired if VDOT was confident that site distances could be met there and Mr. Melnikoff replied yes. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Don Ganse, stated that he and his wife own the adjoining property and he disagreed with the applicant's statement that this property was surrounded by business zoning; he said it was surrounded by residential properties. Mr. Ganse said that any proposed business located here should not negatively impact the quality of life of its neighbors. Mr. Ganse asked the Commission for consideration of the following concerns: 1) all filling stations and motorvehicle service businesses should be proffered out ofthe application for rezoning because those uses would attract an inordinate number of vehicles from 1 -81; 2) requested the installation of a fence or other barrier between the applicant's property and his to prevent the intrusion of pedestrians and to prevent trash from blowing onto his property; and 3) requested that all dumpster sites be • Frederick County Planning Commission Minutes of September 4, 2002 Page 927 - 5 - placed as faraway from adjoining residential properties as possible because of the odor and noise associated with emptying them. Mr. Robert Ganse, the owner of 220 Seafood restaurant, was concerned about increased traffic impacts on the frontage road; he mentioned the bad curve, speeding vehicles, and the new high school scheduled to open next fall. Mr. Ganse was concerned about contamination of weIIs by leaking fuel tanks and water run- off. He was also concerned that his restaurant customers would be looking at the back of a7- Eleven store with a steep bank; nor did he want a retention pond in front of his restaurant. Mr. Ganse said that when traffic backs up at the signal, vehicles take old Rt. 7 to go east; he believed the applicant's traffic flow pattern would cause all those vehicles to cut through the 220 Seafood parking lot, which he did not want. Commissioner Straub expressed concerns about the increased traffic impacts that would be generated; she didn't believe the traffic flow patterns proposed could handle the increased traffic. She commented that the proposed 7- Eleven may be considered a neighborhood business, but the 24 -hour gas station and the increased traffic would negatively impact the quality of life forthe adjacent residences. Commissioner Straub also believed the use would primarily benefit travelers coming into town off 1 -81, rather than the adjacent residential neighborhood. Commissioner Gochenour concurred with Commissioner Straub regarding the traffic impacts. She pointed out the uncertainties regarding the development oft -81 and believed thatthe issues regarding water usage and availability, drainage, and well contamination had not been addressed. Commissioner Gochenour did not believe the proposed use was appropriate for this location. Other Commission members believed this area of Rt. 7 was in transition from a residential area to a business area. They considered the proposal a neighborhood business thatwould not attract a large volume of traffic off I -81. It was noted that Rt. 7 was designed to handle the increase in traffic. Commissioners did not comment favorably on the entrance out the back of the property onto Valley Mill and believed it was not a safe situation, however, it was pointed out that this entrance was being directed by V DOT, not the developer. Additional discussion on the traffic flow in this area took place with VDOT representatives. Commissioner Morris moved to approve the rezoning application and this motion was seconded by Commissioner Thomas. The motion failed, however, by the following tie vote: YES (TO APPROVE THE MOTION) Rosenberry, Ours,Thomas, DeHaven, Morris, Unger NO: Fisher, Kriz, Light, Watt, Gochenour, Straub Commissioner Rosenberry nextmade a motion to table the rezoningapplication toallowtime for the applicant to consider proffering out the gas station use of the proposal. This motion was seconded by Commissioner Gochenour. Legal Counsel, Mr. Jay Cook, was concerned about the wording of the motion. He was also concerned that the time limiton this application, since itwas already tabled once, was fast approaching the 90- day limit on action. Mr. Cook stated that if the Commission's tabling goes beyond 90 days without the applicant's permission, the rezoning would be, in effect, approved. • Frederick County Planning Commission Minutes of September 4, 2002 Page 928 The vote on the motion to table failed by a unanimous vote for denial, based on Mr. Cook's counsel. ® Chairman DeHaven commented about the applicant's attempt to place a great deal of development on a small parcel that already has access problems. He stated that the developer has gone along way towards attempting to do everything within their power to address the transportation concerns. He believed the perfect solution was not created, however, it was an improvement over what exists there today. Chairman DeHaven believed it was not an ideal solution, but he did believe it was a workable one. Other Commissioners voiced their opinions that the transportation problems were the crux of the matter; there was also the uncertainty of the interstate interchange and an eastern bypass. Commissioner Rosenberry moved to deny the rezoning. This motion was seconded by Commissioner Fisher and passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Rezoning 406 -02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres, located along Valley Mill Road (Route 639) at Berryville Pike (Route 7), from RP (Residential Performance) to B2 (Business General) District. YES (TO APPROVE THE MOTION) Straub, Gochenour, Watt, Light, Kriz, Fisher, Rosenberry NO: Unger, Morris, DeHaven, Thomas, Ours E Rezoning #08 -02 of Bowman /Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District. This property is located south of Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church Road (Rt. 641), and is identified with P.I.N. 86 -A -81 in the Opequon Magisterial District. Action - Tabled for 60 Days Planner Jeremy F. Camp stated that the 10.09 acres proposed to be rezoned to commercial property is not located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), however, the subjectproperty is located along a major roadway, it is within convenient access to residential uses, and it is near other commercial properties. Planner Camp stated that other than this concern, the application appears to be consistent with the goals of the Comprehensive Policy Plan for commercial development. He pointed out that the applicant has submitted a proffer statement in an attempt to mitigate the impacts associated with the rezoning; the proffer statement includes the voluntary restriction of all development for Phase II until the property is given the authority to access public sanitary services. Planner Camp continued, stating that the applicant should be prepared to address the following issues: 1) the existing septic system capacity for Phase I and the evaluation of the property not being located within the UDA or S W SA; and 2) the number of proposed entrances off of Fairfax Pike should be clarified; the staff supports limiting entrances to no more than two, to minimize potential traffic impacts. • Frederick County Planning Commission Minutes of September 4, 2002 Page 929 -7- Mr. Evan A. Wyatt, with Greenway Engineering, the design engineering firm representing the owner, Ms. Beverley B. Shoemaker, described for the Commission a conceptual 60' right -of -way, traversing this property and other properties tothe south, which would connect Double Church Road (Rt. 64 1) to Fairfax Pike (Rt. 277) with a proposed traffic signal on Fairfax Pike. Mr. Wyatt said they are not proposing to construct the entire road, but are simply providing an opportunity to accommodate the road as properties to the south develop. Mr. Wyatt believed the rezoning request was appropriate, even though the property was not located in either the UDA or the S W SA, for the following reasons: l) this has been a developing corridor since the mid 1980's, it is the only parcel between 1 -81 Exit 307 that is not zoned either commercial or residential on the south side of Fairfax Pike (Rt. 277); 2) it has 1,000' of road frontage, it has direct access, it has adequate width and depth to provide for the development; 3) it is in keeping with the land uses that already exist along the corridor. Regarding the adequacy of the septic system, Mr. Wyatt said that under Phase 1 they are limiting the use of the existing structure on the property to Mrs. Shoemaker's office for her and her two employees. He said the Health Department has given approval for Phase I to be on the septic, provided usage doesn't exceed 210 gallons per day. Regarding the entrances, Mr. Wyatt pointed out they have adequate frontage for four entrances, butwil I limit the number to two, with one being a signalized intersection on Fairfax Pike (Rt. 277) and the second located towards the west. Chairman DeHaven called for public comments, but no one came forward to speak. Commissioner Thomas had concerns fordevelopment beyondthe Phase I development stage, stating that it is not feasible from a traffic standpoint until V DOT has expanded Fairfax Pike (Rt. 277) from two to four lanes, from 1 -81 past the high school. He did not believe Fairfax Pike (Rt. 277), in its current condition, could accommodate the traffic from a 100 ,000- square- footofficebuilding. Commissioner Thomas remarked that unless Phase II would not be developed until VDOT expanded Fairfax Pike (Rt. 277) to four lanes, he could not support the rezoning at this time. Commissioner Ours wanted to go on record in support of Commissioner Thomas' comments, based on the development that has occurred along Fairfax Pike (Rt. 277) over the past 12 years. He, too, was not in support of any additional development until V DOT facilitated improvements on Fairfax Pike (Rt. 277). Commissioner Ours remarked that his objection also included any potential development down to Double Church Road (Rt. 641); he said he objected to the second phase of Woodside Estates because of the traffic it generates on Double Church Road and at the intersection of Rt. 277 and Double Church Road. Commissioner Rosenberry was opposed to the proposed rezoning because of the uncertainty that sewer and water would be available to serve Phase II of the proposed development. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning #08 -02 of Bowman /Shoemaker, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District, for 60 days to allow the developer and the owner to consider the phasing of Phase 11 as it relates to traffic impacts on Fairfax Pike (Rt. 277) prior to Fairfax Pike (Rt. 277) being developed and improved to four lanes. • Frederick County Planning Commission Minutes of September 4, 2002 Page 930 0 Rezoning #09 -02 of Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition) District. This property is located west and adjacent to Martinsburg Pike (Rt.11) and south and adjacent of Stine Lane and is identified with P.I.N.s 54 -A -21, 54- A -20A, 54 -A -20, and 54 -A -22 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Planner Jeremy F. Camp read the background information and review agency comments. He noted the intent of the application is to rezone this property in order to accommodate an expansion of the existingH &W Construction facility. Planner Camp said the proposal is consistent with the objectives for the development of commercial property found in the Coin prehensive Policy Plan, the properties are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), the properties are located along a major collector road and the properties are located in close proximity to large urban areas. Planner Camp said the applicant has voluntarily submitted a proffer statement which provides a monetary payment for fire and rescue and police services. Planner Camp continued, stating the applicant should be prepared to address the minor concerns raised by the County Attorney, who advised thatthe applicant should clarify when, and towhom, the proposed monetary proffer payment will be paid, and the County Engineer, who had identified an ongoing drainage problem in this area and suggested that two commercial properties to the south of the development • be included in any future storm water management plans. In addition, Planner Camp recognized a need forthe appl icant to consider bicycle facilities on the property and additional landscaping and /or architectural standards along Martinsburg Pike (Rt. 11) to improve the appearance of the site. Mr. Charles E. Maddox. Jr., with G. W. Clifford & Associates, Inc., the design engineering firm representing the owner, Mr. Walter H. Aikens, and the H &W Construction Company, explained that the proposal involves the consolidation of many parcels of land, however, it wil I provide considerable improvement to the streetscape along Route 11. Mr. Maddox said there were elements of the M 1 Zone that would be prohibitive to their intended purpose, which is an office use. He said the B3 Zone, however, would allow them to construct a high- quality parking facility with curb and gutter, the use of considerable landscaping, and the construction of a 10,000- square -foot, two -story building which will house a number of different uses. Mr. Maddox said the remainder of the property will remain M I because it is presently used as a construction yard, which is not appropriate in a B3 Zone. Regarding the staffs comment concerning a bike path, Mr. Maddox said there was a substantial amount of land between the existing edge of payment on Rt. 11 and their property line and he believed there was ample room for a bicycle path, if that was the chosen element for that area. Mr. Maddox noted that their intention was to maintain a ten -foot buffer strip along the parking lot for landscaping and to install a commercial entrance with transitions. Regarding the staffs comment for additional landscaping, he stated that they intend to exceed the B3 ordinance requirements for landscaping, perimeter and interior trees, and shrubs. He also noted for the Commission that they will be coordinating with the County's engineer to improve the drainage across Lee Avenue duringthe site plan process. He further added thatthe proffer will be • Frederick County Planning Commission Minutes of September 4, 2002 Page 931 M modified to clarify that the monetary proffer payment will be made at the time of building permit acquisition. 0 Chairman DeHaven called for public comments, however, no one was present to speak. Members of the Commission spoke out positively forthe proposal. Comments were made that this was a request from an existing, reputable business to al low for the expansion of their company with in the County; they commended the owner and G. W. Clifford & Associates for the outstanding package submitted for a request that was basically a down - zoning; they stated that the professionalism shown gives great confidence that the development will be done in a professional manner and will be an improvement to the community. Upon motion made by Commissioner Light and seconded by Commissioner Ours, BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #09 -02 of the Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34 acres from M 1 (Light Industrial) and .05 acres from B2 (Business General) to 133 (Industrial Transition) District. Master Development Plan #05 -02 Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc., to develop a 5.649 -acre tract for commercial uses. The property is located southeast of the intersection of North Frederick Pike (Route 522 N) and Rt. 37, and to the west of Fox Drive (Route 739), and is • identified with P.I.N. 42 -A -195 in the Stonewall Magisterial District. Action - Recommended Approval with Stipulation Planner Jeremy F. Camp read the background information and review agency comments. Planner Camp stated the primary entrance to the property is proposed from Fox Ridge Lane; he said improvements to Fox Ridge Lane include its reconstruction to State road standards. Planner Camp remarked that the master development plan (MDP) should indicate when the proposed improvements to Fox Ridge Lane will occur and when the inter - parcel access road will be constructed in the development process. Planner Camp also pointed out that screening on the portion of the property proposed for future development does not satisfy the Zoning Ordinance's buffer requirements. He recommended a buffer and screen similar to the one on the Kentucky Fried Chicken's (KFC) property, which consists of a ten -foot landscape screen and a six - Foot -high hedge row and complies with the requirements of the Zoning Ordinance. Mr. Charles E. Maddox, Jr., of G. W. Clifford & Associates, Inc., the design engineers for the project, came forward to represent the owners, KRA Food Services, LLC. Mr. Maddox spoke with the Commission about the access roads proposed to serve this property, as well as the KFC and Sheetz establishments. He also talked about the existing screening along the north side of the adjoin ing townhouses, which they planned to preserve. Mr. Maddox said they would supplement the existing screening, if the Commission believed it was necessary. Mr. Maddox added that the proposed uses are by -right uses on an existing B2 (Business General) parcel. • Frederick County Planning Commission Minutes of September 4, 2002 Page 932 II • Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Ted Kiracoff, an adjoining property owner and homeowner in the Fox Ridge Townhouses subdivision, was in favor of the proposal, however, he questioned the need for the 30' road over to Foxridge Lane when the main road went between Sheetz and the KFC. Mr. Earl Sutherland, a resident at 102 Fox Court, stated that, by way of disclosure, he was a senior partner of Gilbert W. Clifford & Associates, Inc. Mr. Sutherland was acting as the spokesperson for the residents of the 28 -unit Fox Ridge Townhouses subdivision. He said the units are appraised at between $110,000 to $120,000 and almost every unit has two to three vehicles. Mr. Sutherland said the owners maintain their own streets and lights, and there are only about five or six school -age children. He said the residents have no problem with the proposed uses, however, they were opposed to the use of Foxridge Lane for the proposed commercial uses. Mr. Sutherland was concerned that access of Foxridge Lane by the commercial uses would negatively impact the residents' property values and quality of life in their neighborhood. Mr. Mike Carpenter, a resident at the end of Foxridge Lane, behind Fox Ridge Townhouses, stated that he and his wife put the concept for this area together in the late 1980's with Mr. Maddox's help through Mr. George Glaize. Mr. Carpenter was also opposed to using Foxridge Lane as an entrance to the proposed commercial uses. He was not opposed to the uses proposed. Commissioners discussed with the applicant the possibility of making Foxridge Lane an emergency access only as a way to avoid intrusion in the Fox Ridge Townhouse neighborhood. Mr. Maddox • suggested creating a link between the rear of KFC and the proposed use to avoid breaking through the tree barrier along the townhouses. The applicant said the owner is not interested in using Foxridge Lane and he would modify the MDP to designate it as a secondary access for emergency vehicles only, if that is what the County requested. Commissioner Gochenour and Commissioner Straub expressed concerns about water usage and believed this MDP proposal was not appropriate at this time. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #05 -02 of Fox Town Plaza, submitted by G. W. Clifford & Associates, Inc., to develop a 5.649 -acre tract for commercial uses and to allow administrative approval for two entrances into the property, one through the Sheetz property and the other through the Kentucky Fried Chicken property. The majority vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Rosenberry NO: Straub, Gochenour • Frederick County Planning Commission Minutes of September 4, 2002 Page 933 ® Subdivision #14 -02 of The Lands of Thomas E. and Ester M. Hinkle, submitted by Dove & Associates, for the subdivision of a 1.0331 -acre parcel into two single - family detached lots. The property is located at 150 Stanley Drive (Rt. 781) and is identified with P.I.N. 64A -A -11 in the Shawnee Magisterial District. Action - Recommended Approval Planning Director Eric R. Lawrence stated that the proposed subdivision would establish a total of two lots, consisting of 0.59 acres and 0.43 acres each, and the existing dwelling and outbuilding will remain on the 0.59 -acre parcel. He said that both lots will have state road frontage; he said the existing residence is currently served by on -site sewage disposal and a sanitary sewer easement has been established to serve the 0.43 -acre parcel with public sewer service. Director Lawrence stated that all relevant review agency comments have been satisfied and the Sanitation Authority and VDOT have signed the final plats. Chairman DeHaven inquired if the drainfield forthe existing residence would remain on the parent tract. Director Lawrence confirmed that the drainfield would remain on the parent tract, which is the larger of the two tracts; he said the drainfield is on the east side of the existing residence. Mr. Eddie Davis, son -in -law to Mrs. Ester M. Hinkle, came to the podium and stated that he has received approval from the Sanitation Authority to connect the existing residence to public water and sewer. He said the other lot will also have access to public sewer and water. Chairman DeHaven called for public comments, however, no one came forward to speak. No other issues of concern were raised by the Commission. Upon motion made by Commissioner Morris and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision 414 -02 of The Lands of Thomas E. and Ester M. Hinkle, submitted by Dove & Associates, for the subdivision of 1.0331 -acre parcel into two single - family detached lots. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:50 p.m. by a unanimous vote. ly submitted, Eric R,ILg(wrence, Secretary Charles S. DeHaven, Jr., n LJ Frederick County Planning Commission Minutes of September 4, 2002 Page 934