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PC_02-02-00_Meeting_MinutesMEETING MINUTES OF THE C J • FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 2, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/ Back Creek District; Gregory L. Unger, Back Creek District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; George Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director /Secretary; Evan A. Wyatt, Deputy Planning Director; Christopher M. Mohn, Planner II; Mark R. Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • CHAIRMAN WELCOMES NEW COMMISSION MEMBERS Chairman DeHavcn welcomed the new Planning Commission members, George Kriz, representing the Gaincsboro District; Gregory L. Unger, representing the Back Creek District; and Gene E. Fisher, Citizen at Large. The new members replaced Terry Stone, Gainesboro District, Marjorie H. Copenhaver, Back Creek District, and George L. Romine, Citizen at Large, whose terms had expired. Frederick County Planning Commission Minutes of February 2, 2000 Page 471 -2- • MEETING MINUTES - DECEMBER 1, 1999 AND DECEMBER 15, 1999 Upon motion made by Mr. Morris and seconded by Mr. Ours, the minutes of December 1, 1999 were unanimously approved as presented. Upon motion made by Mr. Ours and seconded by Mr. Marker, the minutes of December 15, 1999 were unanimously approved as presented. Development Review & Regulations Subcommittee (DRRS) - 01/27/99 Mtg. Mr. Christopher M. Mohn, Planner I1 and staff support for the DRRS, reported that the committee discussed the loading space issue and a potential amendment to the height limitations and exceptions. Historic Resources Advisory Board (HRAB) - 01/24/00 Mtg. Mr. Robert M. Morris, HRAB member, stated that although he was unable to attend the meeting, the agenda indicated that the HRAB would be nominating a chairperson, they would be discussing • a historic plaque for Rose Hill Farm, and would review a historic plaque application submitted by Thomas and Barbara Keech. Mr. Kris C. Tierney, Planning Director, added that the HRAB has recommended to the Board of Supervisors that those two properties be given historic plaques. PUBLIC HEARINGS Conditional Use Permit 401 -00 of Edwin L. Lambert, Jr. for a Cottage Occupation to operate a contracting business. This property is located at 1521 Cedar Hill Road, zoned RA (Rural Areas) and is identified with P.I.N. 33 -A -36 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran pointed out that the applicant is currently operating his business as a Home Occupation, which limits him to one contractor's vehicle. He explained that the applicant wishes to begin operating from an accessory structure, which is a two -bay garage with an office, and he desires to have two backhocs on the premises. Frederick County Planning Commission Minutes of February 2, 2000 Page 472 -3- The applicant and owner, Mr. Edwin L. Lambert, Jr., described his contracting business as • the repair of underground gas tanks for service stations. Responding to questions from the Commission, Mr. Lambert said that there will be no welding equipment or dump trucks associated with the business and he will be the only employee. In response to the Commission's inquiry about why two backhoes were needed, he replied that one was for farm use and one backhoe was for his repair business. Mr. Lambert believed he would be able to comply with all of the conditions of his permit. There were no public comments. No other issues were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #01 -00 of Edwin L. Lambert, Jr. for a Cottage Occupation to operate a contracting business at 1521 Cedar Hill Road with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No more than two backhoes shall be kept on the property. 3. All equipment and storage associated with the business shall be kept wholly within the accessory structure; this will include the backhoes. 4. No additional employees shall be permitted. • 5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four square feet. 6. Any change of use or expansion of the business will require a new Conditional Use Permit. Proposed Updates to the 2000 -2001 Capital Improvements Plan (CIP), which is a prioritized list of projects requested by numerous County agencies, to be reviewed for potential allocation in the ensuing five -year period. The plan is created as an informational document to assist in the development of the County's annual budget. The CIP is an advisory document; projects are not necessarily funded because of their inclusion in the CIP. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans & Programs Subcommittee (CPPS) has forwarded the 2000 -2001 Capital Improvements Plan (CIP) to the Planning Commission for approval. Mr. Wyatt said that the CPPS evaluated new project requests provided by the Frederick County School Board, the Regional Airport Authority, and the Frederick County Parks & • Frederick County Planning Commission Minutes of February 2, 2000 Page 473 J -4- Recreation Department, and following evaluation, modified the project rankings and financial data accordingly • Mr. Wyatt continued, stating that based on questions raised during the Planning Commission's discussion of the CIP on January 5, 2000, it was determined that land acquisition was not part of the cost for the Frederick County Public School Transportation - Maintenance- Central Warehouse facility, and the Winchester Regional Airport was not enabled to establish a capital fund for facilities development. At the January 12, 2000 Board of Supervisors' meeting, the appropriateness of project priorities was confirmed, however, additional information regarding project cost estimates was requested. Mr. Wyatt summarized the plan by stating that 28 projects were submitted by five departments or agencies; total project costs estimated at $71,825,263; the debt service estimated at $34,761,405; and the total County costs for capital projects estimated at $106,586,668. Several questions were raised and then discussed by the Commission and staff concerning why proffers received by the County arc not shown on the CIP and if there were procedures in place to assure that proffer money was used for the specific purpose it was intended for during rezoning. It was noted that the CIP document is a tool intended to identify departmental priorities (capital expenditures) and the estimated costs; it does not project revenue or demonstrate what monies the County intends to spend each year on each project. It was further noted that the monies the County receives from conditional zoning proffers are put into the County's general fund, in specific line items that are earmarked for their intended purposes, and the Board of Supervisors utilizes those monies when they prepare the budget for specific projects. The staff pointed out that cash proffers for capital facilities have to be tied to the CIP, however, cash proffers for road improvements or volunteer fire company needs do not necessarily have to be is making to the CIP. It was also pointed out that the Finance Department is charged with the responsibility of making sure proffer monies are categorized properly and regular audits are based on that information. No other issues were raised and the Commission members were in support of the document as presented. There were no public comments. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously forward a recommendation of approval for the 2000 -2001 Capital Improvements Plan for Frederick County to the Board of Supervisors as presented. DISCUSSION ITEMS Discussion Regarding the Comprehensive Plans and Programs Subcommittee (CPPS) Public Information Meetings on the Proposed Land Use Study for the Northeastern Frederick County Area held on January 13 " and 18" , 2000 at the Stonewall Elementary School Cafeteria. Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) conducted two visioning meetings at Stonewall Elementary School on January 13, 2000 and January 18, 2000. Mr. Wyatt said that the goal for the meetings was to provide educational • Frederick County Planning Commission Minutes of February 2, 2000 Page 474 -5- opportunities, to demonstrate the benefits of guiding land use decisions through an adopted land use plan, and to identify issues that were of importance to the meeting participants. He noted that attendance for both meetings involved 144 participants, not including county officials, subcommittee members, staff, or the news media. He added that the staff has also made a presentation for comment to the Economic Development Commission's Business Attractions Committee and has also been invited to attend the Industrial Parks Association meeting. For the benefit of new Commission members and others who were unable to attend the meetings, Mr. Wyatt identified and described the study area, using several display maps. Mr. Wyatt next briefly reviewed some of the issues that were discussed and the information shared. He then presented the findings of the meetings for the Commission's information. One subject raised by a member of the Commission was that many citizens in this area of Frederick County would like water and sewer extended to them, however, the residents may not realize that they would have to pay for their own connection fees. It was suggested that during the staff's meeting with the Sanitation Authority and Service Authority, that a cost estimate be determined so the residents could be made aware of the connection fees, should sewer and water be extended to this area. Another concern raised was why the study area did not include the area west of I -81 because future development in that area will be interchanges going both cast and west. It was pointed out that a large amount of that area to the west will be impacted and if the study concentrates only on the area to the cast of I -81 and not west of 1 -81, an opportunity for a comprehensive study will be missed. The staff responded that the Board of Supervisors had instructed the staff to include the areas on the east and west sides three interchange points, Exits 317, 321, and 323, but the Board did not direct the CPPS to include the areas suggested, which would be roughly %, mile outside of 1 -81's boundaries. • Staff added that two issues were identified when this presentation was made to the Economic Development Commission's Business Attractions Committee: The first recommendation was that whatever is ultimately done for the developed areas of the study, an allowance for a minimum of 25% commercial and industrial areas should be made to offset the residential service costs. The second item, also dealing with residential, pointed out that the 1996 Plan only extended the Sewer and Water Service Area; however, if this is to be the County's new industrial area, it would make sense to consider the allowance of residential uses within this portion of the County to facilitate the future industrial uses. Commission members agreed, adding that balanced growth is needed. Chairman DcHaven called for public comment and the following persons came forward to speak: Mr. Edward Butler, resident of Clcarbrook, came forward to express his concerns about the water and sewer issue in this area. Mr. Butler said that residents in the area didn't have problems with their water and sewer before the Flying J truck stop came in. He said that it was only after Flying 1 established itself and began using 35,000 gallons per day that the residents began to have problems. He said that the recent occurrence of well contamination (15 wells to date) has been attributed to the establishment of the Flying 1 truck stop. Mr. Butler expressed his concern that now, as a result, the residents have to foot the bill to get water and sewer because of the situation they find themselves in. Mr. Butler said area residents formed the "Clearbrook Citizens for Safety" group so they could be heard. He said that the area residents are in favor of the study the Planning Staff is conducting to create a plan for this area. Mr. Butler next spoke of the traffic u Frederick County Planning Commission Minutes of February 2, 2000 Page 475 ME problems and air pollution created by all the trucks using the Flying J facility • Mr. Thomas Stevenson, a member of the Clearbrook Citizens for Safety, said that the primary concern of this citizens' group when it was first established was traffic safety. Mr. Stevenson said that a traffic accident had just occurred at Flying J this afternoon and created a traffic jam that extended to the entrance, all the way across the bridge, and down the northbound and southbound deceleration lanes. He said that one or two more trucks and traffic would have been backed up into the travel lanes of 1 -81. Mr. Stevenson said that since the bridge was completely blocked, there was no way an emergency services vehicle could get across the bridge. Mr. Stevenson believed the roads should be in place to handle the traffic before the development takes place. Mr. Stevenson said that the residents in that area have seen no benefits from Flying J; they have seen no improvements to the roads or snow removal. He said that they have seen costs, however, to their air quality and transportation. Ms. Kim Dodd, area resident, was in favor of controlled, creative growth. She was not pleased with the situation created by Flying J truck stop. No action was needed or taken by the Commission regarding this discussion item. Discussion Regarding a Proposed Amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165 -24, "Height Limitations; Exceptions" of the Frederick County Code. Action - Advertise Amendment for Public Hearing Mr. Christopher M. Mohn, Planner II, stated that the proposed amendment, requested by Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., would allow general office uses in the B2 (Business General) District and the B3 (Industrial Transition) District and hotel and motel uses in the B2 (Business General) District to be exempt from the maximum height requirement of 35 feet; the amendment would also stipulate that the height of such buildings may not exceed 60 feet. Mr. Mohn said that the proposed amendment was endorsed by the Development Review and Regulations Subcommittee (DRRS) at their meeting of January 27, 2000. Mr. Mohn next provided a brief overview of the amendment for the Commission's information. Members of the Commission discussed the issue of taller buildings impacting adjoining properties, particularly residentially -zoned properties, by visually blocking views and/or shading. Concern was raised that the proposed increase in setback for taller buildings was not great enough, if the building adjoined a residential property. It was suggested that the wording, "...in cases where the building is adjacent to a residential area, the setback will be adjusted to insure that significant shading does not occur on the residential areas..." could be incorporated into the amendment. The staff pointed out that under today's standards, a three -story building of 35' would need to be 50' from the property line; under the proposed height amendment, a five -story building of 60' would need to be 75' from the property line. A member of the DRRS added that the Fire Marshal has given his approval of the proposed amendment. He recalled that the 35 -foot restriction was placed in the ordinance some time ago, due to the E Frederick County Planning Commission Minutes of February 2, 2000 Page 476 7- County's inability to fight fires over a certain height level; this situation no longer exists since the County has a fire truck and ladder that will reach the proposed new structure heights. • Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc. said that his firm has had interest expressed from two clients who wanted to construct buildings taller than what the County's ordinance permits. Mr. Gyurisin stated that the issue is primarily one of economics and competition; due to the increasing cost of commercial property, clients prefer to construct buildings up rather than spread out. He added that regarding the competition aspect, flexibility is available in the City of Winchester and along Pleasant Valley Road for allowable heights up to 55'. Chairman DeHaven polled the Commission to determine if the majority of members preferred the proposed ordinance to be presented as written or with an amendment for the scheduled public hearing on February 16, 2000. Commissioners Fisher, Kriz, Ours, and Thomas preferred to see the ordinance amended; Commissioners Miller, Wilson, Marker, Light, Morris, and Unger preferred the ordinance as presented. OTHER RESOLUTIONS OF APPRECIATION FOR DEPARTING COMMISSIONERS MARJORIE H. COPENHAVER GEORGE L. ROMINE AND TERRY STONE Chairman DeHaven read a Resolution of Appreciation honoring three departing commissioners, Marjorie H. Copenhaver, Gcorgc L. Romine and Terry Stone. Upon motion made by Mr. Wilson and second by Mr. Marker, the Planning Commission unanimously approved the resolutions for the departing members. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:05 p.m. by unanimous vote. Respectfully submitted, ITS C. T,icQrfieY7-5e-creary I I Charles S. DeHaven, Jr., Chairman O Frederick County Planning Commission Minutes of February 2, 2000 Page 477