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PC_12-04-02_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Fleld in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 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; Charles E. Triplett, Gainesboro District; William C. Rosenberry, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Richard C. Cars, Opequon District: Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. r1 LJ CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - NOVEMBER 6, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of November 6, 2002 were unanimously approved as presented. PUBLIC HEARING Conditional Use Permit 915-02 of Cynthia Lou Foglia for "Pet Watchers" Animal Training kennel. The property is located at 211 Bryarly Road and is identified with P.I.N. 42 -A -134 in the Gainesboro Magisterial District. is Frederick County Planning Commission Minutes of December 4, 2002 Page 976 -2- Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that the applicant is proposing a dog- training and pet - watching kennel from her home; located on 0.6 acres. She said the applicant is proposing to conduct daytime dog training classes with a maximum class size of seven dogs with owners and week -long overnight training sessions with one dog at time; the applicant is proposing pet - watching services that would involve boarding one additional dog; and there would be no more than two client dogs boarded at one time. Planner Ragsdale stated that the applicant currently owns six dogs that live on the property; she said the applicant has indicated that no dogs would be left outdoors overnight. In addition, Planner Ragsdale stated that there will be no employees associated with the business. She further added that there were no disapproving agency review comments. In conclusion, Planner Ragsdale read a list of conditions that would be appropriate, should the Commission recommend approval of the CUP. Ms. Cynthia Lou Foglia, the owner and applicant, came forward to answer questions from the Commission. In response to a Commissioner's question regarding the type of dogs Ms. Foglia owns and whether the dogs do any amountof barking, Ms. Foglia said she owns five dobermans and one retriever /collie mix, all of which are house dogs. She said that her dogs do not bark. Commissioner Straub inquired aboutoutdoorfacilitiesorstructures. Ms. Fog] ia replied that client's dogs would be in her home; she said she is training dogs for house manners. Ms. Foglia said there are no outdoor facilities. Commissioner Triplett asked for the distances to the nearest residences. Ms. Foglia replied that the residence on her right is approximately 200' away and the residence on the left is approximately 200'- 300'. Chairman Del -laven called for public comments, but no one came forward to speak. Commissioner Kriz said that he received two phone calls from a neighbors who complained about odor and barking. Upon motion made by Commissioner Thomas and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Conditional Use Permit 415 -02 of Cynthia Lou Foglia for "Pet Watchers" Animal Training kennel, located at 211 Bryarly Road, with the following conditions: All review agency comments shall be complied with at all times. 2. No more than (2) two client dogs shall be boarded at this facility at any given time. No more than (15) fifteen dogs, including those owned by the applicant, shall be allowed on the property at any given time. n U Frederick County Planning Commission Minutes of December 4, 2002 Page 977 3- 4. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be placed inside a completely enclosed building by 9:00 p.m. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. i Any expansion or modification shall require approval of a new Conditional i Use Permit. The vote was as follows: YES (REC. APPROVAL) Rosenberry, Fisher, Thomas, Light, Morris, Unger, Watt, Gochenour, Straub NO: Triplett, Kriz, DeHaven (Please Note: Commissioner Ours was absent.) Rezoning Application #12 -02 of Kernstown United Methodist Church to rezone 1.621 acres from M2 (Industrial General) to B2 (Business General) District. This property is located at3239 ValleyPike and is identified with RLN.s 63 -A -96 and 63- A -107A in the Shawnee Magisterial District. 1 Action - Recommended Approval Senior Planner Abbe S. Kennedy stated that the proposed rezoning is a request to down -zone from M2 (Industrial General) District to the B2 (Business General) District in order to alleviate the legally nonconforming status ofthe existing church use. Planner Kennedy explained that as a legal nonconformity, the church is subject to limitations regarding its expansion on the site. She said the proposed rezoning would allow the church to operate without restriction concerning possible future modifications or expansions which would be permitted by the requirements of the B2 District. Chairman Del -laver explained that when the very first zoning maps were developed for Frederick County, some areas were mistakenly given erroneous zoning classifications and those areas were overlooked. Mr. Tim Youmans, representingthe Kernstown United Methodist Church, introduced himself and Mr. Donald Long, an other mein her ofthe Board ofTrustees forthe Kernstown United Methodist Church. Mr. Youmans stated that the M2 Zoning District does not permit churches and places of worship, nordoes it permitexpansion. He explained that their church is growing and they have been studying di fferent options for future expansion, therefore, they are pursuing a rezoning. • Frederick County Planning Commission Minutes of December 4, 2002 Page 978 -4- Chairman DeHaven called for public hearing, however, no one came forward to speak. No issues were raised by the Commission and they believed the request was appropriate. Upon motion made by Commissioner Morris and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 912 -02 of Kernstown United Methodist Church, located at 3239 Valley Pike, to rezone 1.621 acres from M2 (Industrial General) to B2 (Business General) District. DISCUSSION DISCUSSION ON A PROPOSAL TO RESTRICT TRUCK TRAFFIC ON SECTIONS OF WARRIOR DRIVE (RT. 719) REST CHURCH ROAD (RT. 669), WELLTOWN ROAD (RT. 661), BURNT FACTORY ROAD (RT. 659) AND OLD CHARLES TOWN ROAD (RT. 761) Senior Planner Abbe S. Kennedy stated that the Code of Virginia provides the Commonwealth Transportation Board with the authority to restrict through truck traffic on State - maintained roads, if a reasonable alternative route is provided. She said the Planning Staff has received three requests to consider truck restrictions on secondary roads throughout the County. Planner Kennedy stated that the Transportation Committee met on November 5,2002 and recommended forward ing their concerns to the Planning Commission for discussion. She said that Item #1 is a response to citizen concerns initiated last Spring regarding Warrior Drive, scheduled to open in January 2003, and is a request to prohibit through trucks on Warrior Drive (Rt. 719) between Fairfax Pike (Rt. 277) and Tasker Road (Rt. 642). She said alternate routes for trucks exist via I -81 and Route 522 for north -south travel and Fairfax Pike (Rt. 277) for east -west access; she noted that Tasker Road is already posted for "No Through Trucks." Planner Kennedy explained that the second request, Item 42, is in response to Stonewall District citizens and is a request to consider truck restrictions on Rest Church Road (Rt. 669) from Flying J Travel Plaza to Welhown Road (Rt. 661) to McGhee Road at Stonewall Industrial Park. She noted that a viable alternative and most direct route is 1 -81. Planner Kennedy further stated thatthe third request, Item #3, is also a response from citizens in the Stonewall District. and is a request to prohibit through truck traffic from Rt. I I to Old Charles Town Road (Rt. 76 1) to Jordan Springs Road (Rt. 664) to Woods Mill Road (Rt. 660). She said that segments of these roads are now being used by trucks to travel between Rt. 1 1 and Rt. 7. Planner Kennedy advised that during the Transportation Committee meeting, VDOT expressed concerns about trucks using Burnt Factory Road to Rt. 7 if they were prohibited on Woods Mill Road: Burnt Factory Road would be a hazardous outlet onto Rt. 7 because there is no crossoverand trucks can only go west. She said the Transportation Committee decided to recommend the inclusion of Burnt Factory Road as a part of this request. She added that suitable alternatives are available via 1 -81 and Rt. 7. • Frederick County Planning Commission Minutes of December 4. 2002 Page 979 -5- • Commissioner Unger expressed concern for orchardists and farmers who drive tractor - trailers along these roads, especially Welltown Road. Commissioner Thomas recalled that Warrior Drive was not designed to be a local road, but was designed to be a major collector road. He pointed out that when Rt. 37 is constructed, Warrior Drive would connectto Rt. 37 via Rt. 277; he recalled that the original intent was for Warrior to handle truck traffic. Planning Director Eric R. Lawrence stated that during right -of -way acquisition and initial construction phases of Warrior Drive last year, it was implied to the residents of that area that the County would restrict through trucks. Mr. Jerry Copp, VDOT's Resident Engineer, came forward to answer questions from the Commission. hi response to a question from the Commission regarding an official definition for trucks, Mr. Copp said that whatevertruck would be legally required to go across weight scales on the interstate would be restricted in this case. He said that only trucks with a destination point along the designated road would be permitted to travel the road. Commissioner Light inquired if V DOT had conducted recent traffic counts oftrucks travel in- on Rest Ch unch Road and Old Charles Town Road to determine the extent of the problem. Mr. Copp explained that the request is initiated by a member of the Board of Supervisors who is responding to complaints from citizens within their district. Mr. Copp furtherexplained thattraffic counts are conducted by VDOT only after the Board of Supervisors holds a public hearing and passes a resolution of approval to restrict truck traffic. Regarding Item #2, Commissioner Light stated that he travels Rest Church Road approximately 6 -12 times per day because of his agricultural operation and has yet to encounter another truck along the way. Commissioner Light said that ever since the "No Tnrn- Around" sign was erected at the bridge by Flying J, there have been no trucks;' therefore, he questioned whether it inight not be wiser to just have a "No Turn - Around" sign rather than designate the road as "No Through Truck Traffic." He commented that having a turn - around point for- tractor trai lers at Flying J would alleviate many more problems than designating this road for no through truck traffic with a sign. Mr. Copp pointed out that no space was available fora truck turn - around in the existing right -of -ways. It was Commissioner Light's opinion, and other members of the Commission as well, that a road was built for everyone to travel and lie was not in favor of restricting it, especially if there was no proof of a problem, via traffic counts. Regarding Item #l, Warrior Road, Commissioner Thomas questioned the reasonableness of the request because of the uncertainty that a problem exists in light of the fact that the road was not yet open for public transportation. Corn in i ss ioner Thomas quest ion ed thea Iterriate route of fore i ng traffic headed for the industrial park to go the entire distance to Dinosaur Land, then north on Rt. 522, and back west on Rt. 642. He also expressed concern about making this decision without traffic counts, especially on We] Itown Road and Rest Church Road. Mr. Copp was hesitant about agreeing to conduct traffic studies on numerous roads without a formal request from the Board of Supervisors because of the amount of time and labor involved. Mr. Copp referred the Commission to the "Guidelines for Considering Requests for Restricting Through Trucks on Secondary Highways" that was in the Commission's agenda packets. The guidelines mandated that traffic studies be done after a public hearing and formal request by the Board of Supervisors. C� Frederick County Planning Commission Minutes of December 4, 2002 Page 980 6- Commission members did notwant to be abusive to V DOT's time and energy by requesting traffic studies on issues ahead ofthe decision process, however, Commission members expressed concern that without traffic counts to warrant restricting truck traffic, a precedent - setting situation could be created for citizens to request that any road be restricted to truck traffic. Mr. Copp shared the Commission's concern. Commissioner Straub said she attended one of the preliminary meetings on Warrior Drive and she remembered a number of residents in the neighborhood who were upset about how close Warrior Drive would be to some oftheir properties. She said the residents, at that time. asked that no trucks be permitted to travel on Warrior Drive; she recalled that Board and Commission members who were present said they would take the issue under consideration. Commissioner Straub also mentioned that during last month's Transportation Committee meeting, members believed it was better to restrict truck traffic on Warrior at the onset of its opening, ratherthan allowing truck traffic for a while and then trying to stop it. Regarding Warrior Drive being a collector for Rt. 37, Commissioner Straub said that she didn't foresee the probability of Rt. 37 being constructed in the next 20 years. Chairman Del -laven called for public comments, however, no one came forward to speak. Commissioner Fisher was also concerned thattraffic counts were notavailable with which to make a decision and there was no concrete indication ofwhy the County was considering restricting traffic in these areas. Referring back to Mr. Copp's comments on Item #1, regarding trucks traveling from Kernstown on Tasker Road to the industrial park, Commissioner Fisher reasoned that trucks would have to travel past many residences and through residential traffic congestion; in lieu of that, trucks from 1 -81 could be routed to Rt. 277, go over a short four -lane section of Warrior Drive, and avoid all the residential traffic and congestion. Commissioner Fisher said he recognized the logic for the Charlestown Road/ Woodsmill/ Burnt Factory restrictions because those roads were not suitable for large truck traffic. Chairman Deflaven asked for a consensus from Commission members as to whether they wanted to act on the requests altogether or separately. The consensus of the Commission was to act on each item separately to avoid confusion. ITEM #1 - Consideration to Restrict Th rough Trucks on Warrior Drive (Rt. 719) from Fairfax Pike (Rt. 277) to Tasker Road (Rt.642) Action - Recommended Denial Commissioners believed a public hearing should be held after the road is open for public transportation in order to determine if a problem existed. Commissioners also noted that restricting truck traffic on Warrior would only force drivers to Aylor and White Oak. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial on restricting truck traffic on Warrior Drive because this road has not yet been completed for public transportation, thereby prohibiting V DOT from conducting the traffic studies required by V DOT's guidelines. • Frederick County Planning Commission Minutes of December 4, 2002 Page 981 7- This motion was passed by the following majority vote: YES (REC. DENIAL TO RESTRICT) Triplett, Fisher, Kriz, Thomas, Del-laven, Light, Morris, Watt, Unger NO: Rosenberry, Straub, Gochenour (Please Note: Commissioner Ours was absent from the meeting.) ITEM #2 -Consideration to Restrict Through Trucks on Rest Church Road (Rt. 669) to Welltown Road (Rt. 661) to McGhee Road at Stonewall Industrial Park Action - Recommend Denial Commissioners were of the opinion that the existing "No Turn - Around" sign seemed to accomplish the objective for trucks not to use Rest Church Road and using residential properties as a turn- around area. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial on restricting truck traffic on Rest Church Road (Rt. 669) to Welltown Road (Rt 661), to McGhee Road at Stonewall Industrial Park, but to allow the existing "No Turn- Around" sign to remain at the Flying Jto best serve this area. This motion was passed by the following majority vote: YES (REC. DENIAL TO RESTRICT) Triplett, Fisher, Kriz, Thomas, DeHaven, Light, Morris, Watt, Un_er NO: Rosenberry, Straub, Gochenour (Please Note: Commissioner Ours was absent from the meeting.) ITEM 43 - Consideration of a Request to Restrict Through Trucks traveling from Rt. 11 to Charles Town Road (Rt. 761) to Jordan Springs Road (Rt. 664) to Woods Mill Road (Rt. 660) to Reach Rt. 7, and from Jordan Springs Road (Rt. 664) from Woods Mill Road (Rt. 660) to Burnt Factory (Rt. 654) to Rt. 7. Action - Recommended Approval Pending Traffic Studies 11 Frederick County Planning Commission Minutes of December 4, 2002 Page 982 • Commissioners voiced concerns they had for a precedent - setting situation that could be created for restricting trucks on any road, if a decision was not based on actual traffic counts. There was a preference for a restriction of "tractor-trailer" truck traffic on Old Charles Town Road, however, if that was not possible, it was believed this road could be served well with a "No Through Truck Traffic" designation. 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 restricting truck traffic pending a VDOT study brought back to the Planning Commission and Board of Supervisors for review with traffic counts justifying that the numbers of trucks using these roads warrants a restriction of truck traffic. This motion passed by unanimous vote. (Please Note: Commissioner Ours was absent from the meeting.) ADJOURNMENT No further business remained to be discussed and the meeting adjourned at!8:10 p.m. by a unanimous vote. Secretary Charles S. Del- laven, Jr., i Frederick County Planning Commission Minutes of December 4, 2002 Page 983