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PC_07-05-00_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 July 5, 2000. PRESENT: Charles S. DcHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; George L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. i ABSENT: S. Blaine Wilson, Shawnee District STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner 11; Howard R. Long, III, Planner I; Jeremy F. Camp, Planner 1; and Renee' S. Arlotta, Clerk. j . CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 06/21/00 Mtg. Commissioner Roger L. Thomas, subcommittee chairman, reported that the DRRS held a work session with the Planning Commission on June 21, 2000 to discuss the Shenandoah development ordinance revisions. He said the revisions will be brought to the Commission at their next meeting. Comprehensive Plans & Programs Subcommittee (CPPS) - 04/10/00 Mtg. Commissioner Robert M. Morris, subcommittee member, reported that a public informational meeting was held on June 26, 2000 at the Stonewall Elementary School Cafeteria. Mr. Morris said the meeting • Frederick County Planning Commission Minutes of July 5, 2000 Page 527 or -2- was fairly well attended. He said that another meeting is scheduled for July 10, 2000 at the same location. Transportation Committee Commissioner George L. Kriz reported that the Transportation Committee will not meet in the month of July, however, the Commission was well represented at the VDOT opening with Mr. W. Wayne Miller, Mr. Blaine Wilson, Mr. Sidney Reyes, and himself. Sanitation Authority (SA) - 06/20/00 Mtg. Commissioner W. Wayne Miller, Planning Commission liaison to the SA, reported the following highlights from the meeting: The Town of Stephens City requested that their overdue sewer and water bill be reduced; Mr. Jones reported that over the last six months, the quarries have been dropping an average of two to three feet per month; Clearbrook area test wells have been drilled and since results have been good, plans are proceeding for removal of water from the quarries there; approved an agreement to allow Clarke County to haul to the Opequon reclamation facility; approved a contract to Ricketts Construction for a new water line from the Diehl Water Treatment Plant to the Sanitation Authority headquarters, which will be their second crossing of 1 -81 and is a significant water line. A tour of the Diehl Water Treatment Plant was held . after the meeting. Capacity at the Diehl Plant is six million gallons per day. ----- -- - - - -- Winchester City Planning Commission (WPC) - 06/20/00 Mtg. Commissioner Richard C. Ours, the Planning Commission's liaison to the WPC, reported that the WPC considered a request by Shenandoah University for site plan approval for an access road onto the property that is being considered for the new football stadium. He said that the main campus is west of I -81 and located within the City and there is also property to the cast of I -81, which is in the County. Mr. Ours said that they are attempting to get the access into the County portion of the land. He said that the WPC tabled that decision based on some concerns raised by the City Parks & Recreation Department dealing with possible impacts on the park for construction and concerns about game day tail - gating and other issues. PUBLIC HEARING Conditional Use Permit #10-00 for Storage Solutions submitted by Triad Engineering, Inc. for an off - premise business sign. The sign will be located at the intersection of Tasker Road (R t. 642) and Rainville • Frederick County Planning Commission Minutes of July 5, 2000 Page 528 r -3- Road in the Eastgate Commerce Center. This property is identified with P.I.N. 76 -A -53 in the Shawnee • Magisterial District. Action - Recommended Approval w/ Conditions Ms. Amy M. Lohr, Planner 11, read the background information and reviewing agencies' comments. Ms. Lohr stated that Storage Solutions initially erected a sign at the comer of Route 522 and Tasker Road, however, the sign was erected without permits in VDOT's right -of -way and had to be removed. She said that the applicant relocated the sign to its current location, at the intersection of Tasker Road (Rt. 642) and Rainville Road, however, the sign was again erected without the necessary permit and zoning approvals. Ms. Lohr continued, stating that the existing sign is a two -piece wooden sign which is 64 square feet in area. She pointed out that the Planning Commission recently approved conditional use pemtits which limited the size of on- premise signs to 50 square feet. With this in mind, she stated that it may be appropriate to consider limiting the size and scale of this sign as well. In conclusion, Ms. Lohr said that the sign must be located no closer than 10 feet to either road right -of -way. She said that a site inspection of the property indicated that the sign is more than 10 feet from the right -of -ways and could, therefore, remain at its current location. Mr. Stephen M. Gyurisin, with Triad Engineering, was representing the applicant and came forward to answer questions from the Commission. He stated that the current sign will be used until additional businesses locate within the Eastgate Commerce Center. Mr. Gyurisin said it was his understanding, upon discussion with the owner of the subject parcel, Mr. Allen Hudson, that a monument -type sign listing all the businesses within the park would be erected to replace the existing sign. Members of the Commission questioned the unsightly appearance of the sign in its existing forth and size. Mr. Gyurisin said that there is a side agreement included with the application stating that the ® sign needs to be removed within 30 days upon notification from Mr. Allen Hudson. There were no public comments. Mr. Morris moved to recommend approval of the conditional use permit with the conditions recommended by staff. This motion was seconded by Mr. Marker. Mr. Thomas suggested an amendment to the motion which would void the conditional use permit once the lot is sold or developed and/or a permanent sign built. Mr. Gyurisin said that no easement has been granted from Eastgate to White Properties for the existing sign. He said that in order for the sign to be permanent, once the property is sold, an easement must be in place for the sign. Mr. Gyurisin had no objection to adding a condition which would eliminate the sign after the front property develops. Mr. Morris and Mr. Marker agreed to the amended motion. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #10-00 for Storage Solutions for an off - premise business sign at the intersection of Tasker Road (Rt. 642) and Rainville Road in the Eastgate Commerce Center with the following conditions: All review agency comments must be complied with at all times. 0 Frederick County Planning Commission Minutes of July 5, 2000 Page 52S Or -4- • 2. A sign permit must be obtained from the Building Inspections Department for the off - premise sign. Should the business cease to operate at the location advertised by the sign, the o(£ premise sign must be removed within 30 days. Upon sale of Parcel 76 -A -53 and/or upon the construction of permanent sign, Conditional Use Permit #10-00 will be void. This recommendation of approval was made by the following majority vote: YES (TO APPROVE) Fisher, Kriz, Ours, Thomas, Marker, Morris, DeHaven NO: Miller, Unger ABSTAIN Light Rezoning #03 -00 of Old Gore School to rezone 1.215 acres of a 3.292 -acre tract from B2 (Business General) to RA (Rural Areas) to re- establish a school. This property is located at 251 Gore Road and is identified with P.I.N. 28 -A -52 in the Back Creek Magisterial District. 0 Action - Recommended Approval w/ Stipulation Mr. Evan A. Wyatt, Deputy Pluming Director, read the background information and the reviewing agencies' comments. Mr. Wyatt identified potential impacts to adjoining properties, involving increased traffic in and out of the site, security lighting, and hours of operation. He also noted that the Health Department has questioned the adequacy of the existing sewage disposal system and has requested the right to do a detailed analysis after a development plan for the use of the facility has been finalized. Mr. Wyatt added that the applicant has submitted a proffer for the 1.215 -acre portion of the property limiting the use of the property to schools only, to not develop any new entrances on Gore Road, to use motion- sensor lighting fixtures in lieu of continuous lighting fixtures and to limit the hours of operation from 6:00 a.m. to 9:00 p.m. Mr. Michael B. Morgan, the owner and applicant, came forward to answer questions from the Commission. Mr. Morgan stated that he has been approached by several groups about having classes at this location; one group works with mentally - handicapped adults and another group is involved with day care. Mr. Reyes asked Mr. Morgan if he would be prepared to comply with the Health Department requirements in order to use the school. Mr. Morgan stated that whoever used the school would need to meet all requirements to operate and he would go along with those. There were no public comments. i Frederick County Planning Commission Minutes of July 5, 2000 Page 53C IL pr -5- ® appropriate. No other outstanding issues were raised and the Commission believed the rezoning was Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #03 -00 of the Old Gore School to rezone 1.215 acres of a 3.292 -acre tract from B2 (Business General) to RA (Rural Areas) for a school use with the proffers as submitted by the applicant. PUBLIC MEETING Master Development Plan 04 -00 of Trex Industrial Park, submitted by Greenway Engineering, for the development of 65.31 acres for manufacturing purposes. This property is located on the south side of Shawnee Drive (Rt. 652), 0.35 miles east of Valley Pike (Rt. 11 South) and is identified with P.I.N. 63 -A- 110,11OA, and 110C in the Back Creek Magisterial District and 371 -1 -1, which is located within the City of Winchester. i Action - Recommended Approval w/ Stipulation Mr. Evan A. Wyatt, Deputy Director, read the background information and the reviewing agencies' comments. Mr. Wyatt said that the applicant proposes to revise a previously approved master . development plan to incorporate 65.31 acres within four tracts of land; three of the tracts,!totaling 56.68 acres are located within the County and one of the tracts, totaling 8.63 acres, is located within the City. Mr. Wyatt identified and elaborated on several issues raised by the staff concerning this master plan. Those issues were the conformance of the plan to the Winchester Area Transportation Study (WATS), the abandonment of Capitol Lane for use as a private road, the necessity for consolidation of parcels within the master plan, and the connection to an adjoining parcel to the South. Mr. Wyatt continued, stating that the revised master plan does not provide for access between Shawnee Drive and Valley Pike. He said that the access could be accomplished by implementing the Winchester Area Transportation Study or through a future connection to the adjoining H.P. Hood property to the south. Mr. Wyatt pointed out that if the Board of Supervisors approves the revised master plan, the County Attorney should determine the steps necessary to abandon the dedicated Capitol Lane right -of -way. He added that a consolidation plat should be created and recorded prior to the administrative approval of this revised master development plan. Members ofthe Commission questioned the impact on the WATS plan, if the Trex master plan was approved as presented. Mr. Wyatt stated that a section of the WATS Plan, the urban, four -lane raised median design, would not occur. The Planning Commission pointed out the likelihood of increased traffic and, therefore, the need for the master plan to show a proposed generalized alignment to accommodate long -range transportation needs, such as what is depicted in the WATS. The master development plan as presented had no provision for such a connection, which under the WATS Plan calls for a roadway or an alignment between Shawnee Drive (Rt. 652) and Valley Pike (Rt. 11 So.), Frederick County Planning Commission Minutes of July 5, 2000 Page 531 J i M nor did the master plan provide a connection at the southern portion of the property to the adjoining . H.P. Hood parcel. Mr. Mark Smith ofGreenwayEngineering, the design engineering firm for the project, came forward to answer questions from the Commission and to discuss the timing for the consolidation of the parcels. Mr. Smith stated that if the master development plan was approved, they planned to submit the site plan for a 50,000 square foot building within several days and the consolidation of all the lots would come very shortly thereafter. He also committed to revising the master plan, showing a generalized alignment in conformance with the WATS plan, before presentation to the Board of Supervisors. Chairman DeHaven called for public comments, but no one camelforward to speak. I Recognizing the developer's commitment to show the connection through this property to accommodate the WATS Plan, Mr. Thomas moved that the master development plan be recommended for approval. This motion was seconded by Mr. Kriz and passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hI reby recommend approval of Master Development Plan 904 -00 of Trex Industrial Park for the development of 65.31 acres for manufacturing purposes with the stipulation that the master plan shows a connection through this property to accommodate the WATS Plan. 0 The majority vote was as follows: YES (TO APPROVE) Fisher, Kriz, Miller, Thomas, Ours, Marker, Light, Morris, Unger NO: DeHaven Subdivision 908 -00 of Space, L.L.C. to create two lots from a 9.67 -acre tract of land . This property is located in the vicinity of North Frederick Pike (Rt. 522) and Route 37 and is identified with P.I.N. 42 -A- 198J in the Stonewall Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that the Zoning Ordinance requires that land divisions in the B2 (Business General) District, without an approved master development plan, be presented to the Board of Supervisors for final approval. He said that the master development plan has been waived for this project because it does not include provisions for proposed roads and /or regional storm water management facilities. Mr. Ruddy stated that none of the reviewing agencies had any objections to the proposed subdivision and have indicated their Frederick County Planning Commission Minutes of July 5, 2000 Page 532 Pr -7- approval of the final subdivision plans. ® Mr. Ruddy continued, stating that this 9.67 -acre parcel has frontage on both Route 522 North (North Frederick Pike) and Route 37, however, there is no direct access to Route 37. He added that access to the two parcels within this subdivision would be provided via Route 522. He further added that an ingress /egress easement has been reserved between the two parcels to provide a means of shared access to what will be the Trex office complex. No issues of concern were raised by the Planning Commission. Members of the Commission believed the requested subdivision satisfied the requirements of the Subdivision Ordinance. There were no citizen comments. Upon motion made by Mr. Light and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application 408 -00 of Space, L.L.C. to create two lots from a 9.67 -acre tract of land, identified with P.I.N. 42- A -198J in the Stonewall Magisterial District. ® Request for an Exception to the Requirements of Section 144- 31.C(3) of the Subdivision Ordinance by the Estate of Fred E. Unger, Sr., for the Unger Farm Subdivision. The property is located on Old Bethel Church road, approximately one mile south of Route 522 North, and is identified with P.I.N. 41 -A -98 in the Stonewall Magisterial District. Action - Recommended Denial Mr. Michael T. Ruddy, Zoning Administrator, stated that a waiver request has been received from Mrs. Karen Unger- Fricke and Ms. Ellie Unger, Co- Administrators ofthe Estate of Fred E. Unger, Sr., to allow an exception to the access requirements for major rural subdivisions. Mr. Ruddy explained that, specifically, the request is to allow a shared private driveway, 50 feet in width, to provide access to Route 608 for each of the seven lots within the Unger Farm Major Rural Subdivision. Mr. Ruddy pointed out that all roads serving lots within a major rural subdivision are required by the Frederick County Subdivision Ordinance to be built to the Tertiary Subdivision Street Standards of VDOT and dedicated to Frederick County for the eventual acceptance into the State's Secondary Road System. He said that the proposed subdivision comprises approximately 84 acres and will be subdivided into seven lots of varying sizes. Mr. Ruddy continued, stating that the Board of Supervisors, upon recommendation by the Planning Commission, may allow exemptions to the Subdivision Ordinance in cases of unusual • Frederick County Planning Commission Minutes of July 5, 2000 Page 533 -g- situations or when strict adherence to the general regulations would result in substantial injustice or hardship. He stated that the applicants have explained in detail, by letter, the financial situation of the Fred E. Unger, Sr. Estate, and in evaluating this request, it should be determined if the financial predicament of the estate warrants an exception to the requirements of the ordinance. In addition, Mr. Ruddy asked the Commission to consider the appropriateness and possible precedent setting of allowing a major rural subdivision of this scale to occur without the benefit of road infrastructure built to standards required by VDOT, which would also enable the perpetual maintenance of the same roads. Mrs. Karen Unger- Fricke, daughter ofthe late Fred E. Unger, Sr. and co- administrator of the Fred E. Unger, Sr. Estate, came forward to speak to the Commission concerning the poor financial situation of the Estate. She explained that due to the amount of debt, the only way for the Estate to generate sufficient funds necessary to pay creditors, save her mother's home, and to settle the estate, was to sell the entire farm. She said that even with the best of luck in the market, there would only be a very small chance they would break even. Mrs. Unger- Fricke requested that the Commission grant a "hardship variance" and allow the estate to extend the existing right -of -way without state approval and allow them to gravel the road through the proposed subdivision. Mr. Thomas Dickinson, Mrs. Unger- Fricke's attorney, said the farm may have to be sold as one parcel, if they cannot get the variance. Mr. Dickinson was afraid this would significantly impact the value of the property and it may be problematic to acquire enough money to pay the debts of the estate. He said that the state -grade road will cost about three times more than a private+road. Mr. Mark Smith ofGreemvay Engineering, the design firm for the project, testified to the time and effort that Mrs. Unger- Fricke, Mr. Dickinson, and himself have put into the project so far. Mr. Smith said that numerous perc holes were drilled, they have initiated preliminary engineering on two different road scenarios, and they have acquired preliminary bids from contractors. He pointed out, however, that there is some disagreement between them and VDOT about the entrance location and road layout. There were no public comments regarding this exemption request. Commissioners asked the applicant if a cost comparison had been doneregarding the value of lots for sale on paved roads versus gravel roads. Commission members were concerned about the potential problem that could be ]eft for future lot purchasers, if the gravel road was permitted. Commissioners made the point that the structural integrity of the gravel road would be cut back and within three to five years, lot owners will be asking who is going to fix the holes and washed -out sections. Commissioners stated that not approving the exemption request will not take away the capability of the owners to subdivide and sell their property. They commented that the reason for requiring a state - maintained road has been long - established because of the numerous problems the County has encountered with private roads. Members of the Commission believed the lots would have greater value on a state - maintained road. Although the Commission sympathized with the Unger's problem, they were very concerned about the precedent - setting situation approving this would create and they were also very concerned about the predicament this would place on future property owners. In addition, Commission members pointed out that the applicant was interested in locating the road in an area where VDOT has not recommended that E Frederick County Planning Commission Minutes of July 5, 2000 Page 534 it be placed, probably based on anticipated poor drainage and maintenance problems. • Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the request for an exception to the requirements of Section 144 -3 LC(3) of the Frederick County Subdivision Ordinance for the Estate of Fred E. Unger Sr. I The majority vote on this recommendation of denial was as follows: YES (TO DENY) Miller, Kriz, Fisher, Thomas, DeHaven, Unger NO: Morris, Light, Marker, Ours PLANNERI Mr. Evan A. Wyatt, Deputy Planning Director, introduced Mr. Howard R. Long, III and Mr. Jeremy F. Camp, both newly hired to fill vacancies within the Department of Planning and Development. On behalf of the entire Commission, Chairman DeHaven welcomed the two new planners to the staff. L J ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:55 p.m. by Respectfully submitted, J W Kris Tierney Sec ary Charles S. DeHaven, Jr., Chairman I • Frederick County Planning Commission Minutes of July 5, 2000 Page 53!