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PC_08-16-00_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Boar! Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 16, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; John H. Light, StonewalljDistrict; Robert A. Morris, Shawmec District; S. Blaine Wilson, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District; Kris C. Tierney, Secretary STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Amy M. Lohr, Planner II; Howard R. Long, III, Planner 1; Jeremy F. Camp, Planner I; and Renee' S. Arlotta, Clerk. E - I J CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - JUNE 7, 2000, JULY 5, 2000, & JULY 19, 2000 Upon motion made by Mr. Miller and seconded by Mr. Kriz, the minutes of June 7, 2000 were unanimously approved as presented. Upon motion made by Mr. Miller and seconded by Mr. Kriz, the minutes of July 5, 2000 were unanimously approved as presented. Upon motion made by Mr. Miller and seconded by Mr. Kriz, the minutes of July 19, 2000 were unanimously approved as presented. 0 Frederick County Planning Commission Minutes of August 16, 2000 Page 540 -2- COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 08/14/00 Mtg. Mr. Robert M. Morris, subcommittee member, reported that the CPPS discussed the Comprehensive Policy Plan Updates, they reviewed the nearly completed Northeast Land Use Plan, and they also looked at a minor modification to the South Frederick Land Use Plan in the area of Kernstown at Route 37 and I -81. Sanitation Authority (SA) - 08/15/00 Mtg. Mr. W. Wayne Miller, liaison to the Sanitation Authority, reported he attended the Board of Supervisors meeting on August 9 with the Sanitation Authority's Engineer/Director, Mr. H. Wellington Jones, and the Sanitation Authority's Chairman, Mr. Anderson. Mr. Miller said that Mr. Jones and Mr. Anderson gave an outstanding and professional presentation on the current water situation and forecast through 2025. Mr. Miller said that the prediction for water availability is very good. Mr. Miller continued, stating that at the Authority's meeting on August 15, 2000, a decision was made on the advice of counsel, not to put in writing the fact that if the Authority causes a well to go bad, that they will correct the situation. • PUBLIC MEETING Master Development Plan #05 -00 of the TREX Center, submitted by Space, L.L.C., to develop a 9.7 -acre area for the purpose of establishing an office park and commercial center. This property is located at the intersection of North Frederick Pike (Rt. 522) and Fox Drive (Rt. 739) and is identified with P.I.N. 42- A -198G in the Stonewall Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that VDOT has recognized an opportunity that may exist on the northern portion of this site for access to this property internally, from Route 522. This would potentially allow for access at a sign:!: - -d intersection with Fox Drive. Mr. Wyatt continued, stating that the proposed master development plan conforms to the interchange business area concept that is described within the Land Use Chapter of the Comprehensive Policy Plan, as well as to the statement of intent for uses within the B2 (Business General) section of the Zoning Ordinance. He said that the master development plan design will also mitigate traffic impacts to North Frederick Pike by facilitating internal traffic movement between uses. He recommended that the applicant work with the adjoining landowners to the west to determine if improvements can be made which would facilitate traffic movement to the signalized intersection at North Frederick Pike and Fox Drive. i s Frederick County Planning Commission Minutes of August 16, 2000 Page 541 -3- Mr. Wyatt added that Mr. John Lewis and Mr. Ty Lawson, who were both representing the applicant, were available to answer questions from the Commission. Mr. John Lewis of Painter - Lewis, P.L.C., the design/engineering firm representing the applicant, came fcnxard to answer questions from the Commission. A member of the Commission asked Mr. Lewis if there had been any contact with adjoining property owners to explore the possibility of constructing the entrance at the signal. Mr. Lewis replied that a meeting was held with the adjacent property owner, Long Rural International, Ltd. Partnership, conceming joint use of the access point. Mr. Lewis said that Long Rural International, Ltd. is currently considering the proposal and his client, TREX Center, is willing to participate in the construction of that access. There were no public comments. Mr. Miller moved for approval of the master plan with the stipulation that the applicant continue negotiations with the adjoining property owner in attempt to bring to fruition the additional entrance into the property at the signalized intersection at North Frederick Pike and Fox Drive. This motion was seconded by Mr. Ours and unanimously approved. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 405 -00 ofTREX Center, submitted by Space, L.L.C., to develop a 9.7- acre area for the purpose of establishing an office park and commercial center at the intersection of North Frederick Pike (Rt. 522) and Fox Drive (Rt. 739) with the stipulation that the applicant continue negotiations with the adjoining property owner in an attempt to bring about fruition of the additional entrance into the property at the signalized intersection at North Frederick Pike and Fox Drive. I • (Note: Mr. John Light abstained from voting on this item.) REQUEST FOR WAIVER OF THE ZONING DISTRICT BUFFER REQUIREMENTS OF THE ZONING ORDINANCE, SECTION 165 -37.13 BY GARBER ICE CREAM Action - Approved Ms. Amy M. Lohr, Planner II, stated that the Planning Commission has received a request from Greenway Engineering on behalf of Garber Ice Cream Company to permit a waiver of the zoning district buffer requirement of the Zoning Ordinance. She said that the subject parcel is currently zoned B2 (Business General) and the adjoining parcel to the south is zoned M2 (Industrial General); consequently, a Category A buffer is required by the Zoning Ordinance. Ms. Lohr explained that Category A buffers do not require a screening element, however, active and inactive buffer areas totaling 50 feet are required. She said that the proposed warehouse addition to the existing facility extends to within five feet of the shared property line between the differently -zoned parcels and the required 50 -foot distance buffer is not accomplished. Ms. Lohr stated that the Planning Commission will need to make a determination if the waiver of the zoning district buffer requirement is acceptable. A member of the Commission asked if the expansion of a legal nonconforming use was possible without a rezoning. Staff noted that the ordinance contains an expansion provision for legal, • Frederick County Planning Commission Minutes of August 16, 2000 Page 542 -4- nonconforming uses of up to 50 %. The Garber Ice Cream facility, a legal nonconforming use, would not require a rezoning because their proposed expansion is less than 50 %. Another question asked was whether the Fire & Rescue Service had reviewed the waiver request and if issues were raised regarding access to the rear of the building. Ms. Lohr said that Fire and Rescue is currently reviewing the site plan for the expansion and this issue would need to be addressed at the site planning stage. Mr. Jason Thomas with Greenway Engineering, Inc., the design/enginecring firm representing the applicant, came forward to answer questions from the Commission. A member of the Commission asked if the applicant had contacted the adjoining property owner, American Freightways, to determine if they had any objections. Mr. Thomas replied that they had not contacted the adjoining property owner. Another question raised by a Commission member was whether or not the applicant could accomplish what he needed by extending the addition towards the property line only as far as a previously extended portion of the building. Mr. Thomas said that because of the layout in the proposed building, they will need all the additional space proposed for the project to work. There were no public comments. Mr. Miller said that he did not foresee the trucking company having any objections to this expansion. He said that the Garber's Ice Cream facility has existed at this location long before the County had zoning. He believed the waiver would be appropriate in this situation and was comfortable that any issues raised could be addressed at the site plan stage. . Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the request of Garber Ice Cream Company for a waiver of the Zoning District Buffer requirement of the Zoning Ordinance, Section 165 -37.D. DISCUSSION REGARDING THE UPDATE OF THE 2000 COMPREHENSIVE POLICY PLAN Mr. Evan A. Wyatt, Deputy Planning Director, stated that the purpose of the discussion was to have an opportunity at the Commission level to understand the proposed updates being recommended by the CPPS (Comprehensive Plans & Programs Subcommittee) for the update of the 2000 Comprehensive Policy Plan. Mr. Wyatt said that the four main subheadings to be examined are: A) the Northeast Land Use Plan; B) the Frederick County Sanitation Authority's Long -Range Water Facilities Plan; C) the Frederick County Fire & Rescue Department's New Station Plans; and, D) Modifications to Existing Language as Proposed by Various Agencies. In addition, Mr. Wyatt introduced the Sanitation Authority's Director/Engmeer, Mr. H. Wellington Jones, and the Director of Fire & Rescue Services, Mr. Gary A. DuBrueler, should the Commission have specific questions about those two areas of discussion. Mr. Wyatt next proceeded to discuss each of the four sections with the Commission. • Frederick County Planning Commission Minutes of Augur::;:, 2000 Page 543 I -5- A question was raised by a Commissioner regarding a statement within the plan referring to package treatment plants and the fact that they should be dedicated to a public authority or a sanitary district. The specific question was if a private individual installed a package treatment plant, could it be dedicated to the Sanitary District. Mr. Wyatt said that he interpreted that statement to mean that a Sanitary District would have the ability to use a package plant to provide service to customers within their service area. Another question raised concerned the comparison between the number of water and sewer connections and the number of residential building permits issued. Mr. Wyatt gave an estimate of the number of building permits issued and the number of new residential water and sewer connections. He said that this supports the trend identified by the Planning Department, which is that one out of every three new residential dwelling units is being built outside of the County's Urban Development Area. i Mr. Wellington Jones, the Engineer/Director of the Sanitation Authority, addressed a question from the Commission concerning a previous statement he had made that sewer facilities were more of a problem than providing water within the Northeast Land Use Study Area. Mr. Jones said that sewer was the biggest problem because of the expense of providing central sewage facilities and thel proximity of those facilities to the study area. Mr. Gary A. DuBrueler, Director of Fire & Rescue Services, spoke briefly about new station plans. Chairman DeHaven called for public comments, however, no one was present to speak. Mr. Wyatt stated that the CPPS considered all four of the proposed sections at their meeting . on Monday evening, August 14, 2000, and each section received unanimous approval by the CPPS as presented. Mr. Wyatt believed that the next available date this could go to public hearing was September 6, 2000. � The consensus ofthe Planning Commission was that the proposed 2000 Comprehensive Policy Plan was an excellent document and it was ready to be advertised for public hearing. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by unanimous vote. Respectfully submitted, • Frederick County Planning Commission Minutes of August 16, 2000 Evan A. W att, Depu , Planning Director v Charles S. DeHaven, Jr., Chairman Page 544