Loading...
PC_01-15-97_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 15, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; George L. Routine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. 1 i 1 ABSENT: S. Blaine Wilson, Shawnee District; Jimmie K. Ellington, Gainesboro District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; W. Wayne Miller, Zoning Administrator; Eric R. Lawrence, Planner II; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. • MINUTES OF NOVEMBER 6,1996 AND NOVEMBER 20,1996 Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the minutes of November 6, 1996 were unanimously approved as presented. Upon motion made by Mr. Ours and seconded by Mr. Marker, the minutes of November 20, 1996 were unanimously approved as presented. Frederick County Planning Commission Minutes of January 15, 1997 Page 1 Na • BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Sanitation Authority - 12/17/96 Mtg. Mrs. Copenhaver reported that work is scheduled to begin this month on the Miller Heights water line; tests are continuing for lead and copper; lines are being repaired in Fredericktowne and a solution has been reached for the houses on Westmoreland Drive that were having difficulties. PUBLIC HEARINGS Conditional Use Permit #017 -96 of Charles W. Rose, Jr. to operate an automobile repair business without body repair at 751 Frog Hollow Road. This property is identified as P.I.N. 22 -A -I OB in the Gainesboro Magisterial District. is Action - Recommended Approval Mr. Miller said that public garages are permitted within the RA Zoning District with an approved CUP provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts is fully screened from view from any adjoining property. He reported that the garage and driveway for vehicles awaiting repair is very well screened from adjoining properties by woodland. Commissioners asked if the hours of operation should be made a part of the conditions on the permit. Mr. Miller said that the staff did not feel there was a need to include the hours of operation as a condition of the permit because the property was so well screened by woodlands. Mr. Rose, Jr. was present to answer questions from the Commission. There were no citizen comments. The Commission felt that the establishment of the business would not have a negative impact on the surrounding neighborhood. Upon motion made by Mr. Moms and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #017 -96 of Charles W. Rose, Jr. to operate an automobile repair business • Frederick County Planning Commission Page 2 Minutes of January 15, 1997 -3- ® without body repair with the following conditions: 1. No outside storage of parts or equipment shall be allowed. 2. No more than five vehicles awaiting repair shall be allowed to be located externally to the garage. No inoperable vehicles, as defined by County Ordinances, shall be allowed to be stored on the property at any time. 4. All repair work must be done inside the garage. 5, All review agency comments shall be complied with at all times. (Mr. Romine arrived at this point of the meeting.) Subdivision Application #011 -% of Bass Hoover Elementary School to subdivide 33.796 acres, zoned RP, into two lots consisting of 10.007 acres and 23.789 acres. This property is located at the intersection of Aylor Road (Rt. 647) and Carolina Avenue and is identified with PIN 75- A -63'in the Opequon Magisterial District. ® Action - Recommended Approval Mr. Miller said that the School Board wishes to divide off the 10.007 acres and transfer it to the Board of Supervisors. He said that a use for the property has not been proposed. Mr. Miller added that no concerns were raised by any of the reviewing agencies. There were no public comments. Commission members felt that the application as presented met the subdivision ordinance requirements. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application 4011 -96 of Bass Hoover Elementary School to subdivide a 33.797 -acre tract into two lots consisting of 10.007 acres and 23.789 acres. ISTEA (Intermodal Surface Transportation Efficiency Act) Enhancement Project Funding Proposal to establish an ISTEA Enhancement Program project for Frederick County to assist with the acquisition C � J Frederick County Planning Commission Page 3 Minutes of January 15, 1997 • of the Third Battle of Winchester site. This acquisition will secure one of the key sites of the historic Opequon Battlefield, and will initiate Phase II of the Civil War Battlefield Tour Network Plan for Frederick County and the City of Winchester. Action - Recommended Approval Mr. Wyatt reported that the staff was approached by the Association of the Preservation of Civil War Sites (APCWS) to assist in the preparation of a grant application for ISTEA funding that will be utilized to acquire the Third Winchester Battlefield. Mr. Wyatt said that the Third Winchester Battlefield is one of three core Civil War battlefield sites that is envisioned to anchor the Winchester- Frederick County Civil War Tour Network. Mr. Wyatt said that a similar application was endorsed by Frederick County in 1996, however, the application was not successful in securing ISTEA Enhancement funds. Members of the Commission asked the staff if the total amount of funding available for 1997 was known. Mr. Wyatt said there was $7 million available for the entire State. Mr. Wyatt said that the ISTEA application prepared is requesting slightly less than $2 million, which is the entire purchase price. There were no citizen comments. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the ISTEA Enhancement Project funding proposal to assist with the acquisition of the Third Battle of Winchester • site. Rezoning Application #006 -96 of H. Clay DeGrange Estate to rezone 51.0540 acres from RA (Rural Areas) to B2 (Business General). This property is located in the northwest quadrant of the intersection of Route 50 West and Route 37 and is identified with P.I.N. 53 -A -68 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Tierney said that following the Commission's tabling of this application at their November 6, 1996 meeting, the staff had numerous meetings with the applicant's representatives and a revision to the application has been submitted. He said that the most fundamental changes in the application are that a traffic impact analysis has been conducted, the proffer statement has been significantly revised, and an understanding concerning the provision of sewer service has been reached. Mr. Tierney proceeded to review the revised proffer statement and other revisions with the Commission. Mr. Tierney said that in the final analysis, the question remains as to whether or not the impacts projected by the applicant are accurate and assuming they are, whether or not the proffers and other efforts are adequate to address those projected impacts. Mr. Tierney said that at this point, it is the staffs feeling that based on the information provided, those issues have been appropriately addressed. • Frederick County Planning Commission Page 4 Minutes of January 15, 1997 -5- • Mr. Charles W. Maddox, Jr., Mr. Ronald Mislowsky, and Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, design engineers for the project, were present to represent the applicant, H. Clay DeGrange Estate. Mr. Maddox felt the two major issues were transportation and aesthetics and they planned to address those through covenants, as well as specific items in the generalized master plan. He assured the Commission that conservative figures were used in calculating both sewer and water use and the number of trips per day for traffic analysis. Mr. Mislowski explained how the transportation study was conducted for the project. Mr. Mislowski said that he met with VDOT at every step throughout the design evaluation and confirmed each phase with VDOT before proceeding to the next. He said that the methodologies used were all approved by VDOT. Members of the Commission raised the following issues: 1) were the traffic counts taken while the livestock market was in session and if not, could it be included; 2) two areas were thought to have short queuing distances for traffic- -south on Rt. 37 turning west and north on Rt. 37 turning west to Rt. 50- -the concern was traffic backing up on Rt. 37 during intervals and peak hours; 3) the Comprehensive Plan advises that intersections should not progress from Level A to Level C in a short time period; 4) whether the short entrance spacing between Ward Avenue and the proposed Hardee's was taken into account during the traffic analysis. Mr. Mislowsky responded to the questions raised. With regards to the livestock exchange, he said that the traffic counts were analyzed during the peak traffic hour in this area from 4:30 -5:30 p.m. and he questioned whether the livestock exchange generated traffic during that time. Regarding queuing lanes, Mr. Mislowsky said that both of the Route 37 off ramps have 400' of turn lane and had queues of 300'. He said the model run indicated that 400' of turn lane was adequate for stacking. Regarding the issue of the interchanges • going from levels A to C, Mr. Mislowsky indicated that it will take some time for this site to develop. He said he would be surprised if it would develop in five years, and felt it would more likely be ten. As far as the proposed Hardees site was concerned, Mr. Mislowsky said that they conducted a traffic analysis for Hardee's when it was under consideration and they did not revisit that site for this traffic analysis. Other issues raised by Planning Commission members included: 1) was the Roundhill issue concerning the extension of sewer and water addressed? 2) regarding the existing orchard on the hill to the northwest of this site and other adjoining, existing farmlands- -the concern was for chemical drift that will occur and who will be responsible for placing a buffer; members requested that a 5'- l0' berm with landscaping be indicated on the MDP; 3) VDOT should be looking at the whole area, especially the Hardee's site, not just this particular proposed use when examining traffic studies; 4) concern about the remaining 50 acres of the site that is not requested to be rezoned; members felt that if this section of the site is planned for development, it should be included in the traffic studies; 5) signs for this development are an important aesthetic issue and members of the Commission wished to have the covenants explained to them regarding signs and what may be expected; 6) buffering for the undeveloped 50 acres not proposed for rezoning. Mr. Gyurisin explained the covenants regarding signs. He said that the applicants are very concerned with the appearance of the site and the covenants indicate that signs should be uniform and consistent with the overall development of the property. He stated that a board will be formed, made up of landowners and possibly lessees, to enforce the rules and regulations for the site regarding such things as maintenance of landscaping, screening, lighting, and signs. Mr. Gyurisin stated that all utilities will be underground and the site will have curb and gutter. He added that there will be a 30' landscaped strip along Route 50, planted with the intention of bringing attention to the development, not to hide it. Mr. Gyurisin next described other areas of the • Frederick County Planning Commission Page 5 Minutes of January 15, 1997 J • site designated for landscaping and open areas. Regarding the other issues raised by the Commission, Mr. Maddox stated that they will include the existing orchard and farmland operations into the design features of this site. Mr. Maddox felt the remaining 50 acres was unmarketable at this point in time. He stated that the developer would need to plan for additional traffic and make necessary improvements to Routes 50 and 7 before the remaining 50 acres could be developed. He explained that the concept for the parcel under consideration is for a larger retail center, with pedestrian walkways, and a motel complex. They anticipate submitting a MDP within six months. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Robert B. Johnson, an adjoining property owner, said that he was present on behalf of himself and on behalf of the Round Hill Fire Company. Mr. Johnson said that the Round Hill Fire Company feels that the proffers were not sufficient for the preparation of equipment and supplies that will be needed for this project. As an adjoining property owner, he said that his property has been in his family for over 75 years. He conveyed two concerns: both he and his neighbors have been experiencing water in the basements of their homes; and 2) his driveway will be about 90' from the exit/entrance of the proposed shopping center and he had concerns about getting in and out of his driveway. Mr. Johnson requested that the DeGrange Trust give him a right -of -way off of their main road through the buffer strip to his property for safety reasons. With regard to Mr. Johnson's comments, Mr. Maddox said that VDOT requires that any residential entrances be taken care of and access to Mr. Johnson's property will not be impeded as a result of this project. Mr. Maddox said that the owner is willing to, discuss this further, but would prefer to wait until the • proper zoning is established on the property. He added that cost sharing will more than likely be involved. Mr. Thomas expressed concerns about the amount of traffic that would be generated; that partial rezoning did not allow for the consideration of the future impacts from the whole property; the density of development was too great for this area; the uses proposed would act as a magnet for even more development in that area and the result would be that the character of Route 50 West would be forever changed. It was noted by other Commissioners that the adopted Round Hill Land Use Plan designated this area at the interchange of 37 and 50 for business development. It was also pointed out that the property is located within the Urban Development Area and the Sewer and Water Service Area. They felt the issues that were raised at the previous meeting had been sufficiently addressed, but noted that they expected to see the design features discussed included in the master development plan and site plan. Upon motion made by Mr. Stone and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 4006 -96 of H. Clay DeGrange Estate to rezone 51.0540 acres from RA (Rural Areas) to B2 (Business General) by the following majority vote: YES (TO APPROVE) Ours, Morris, Romine, DeHaven, Marker, Copenhaver, Stone NO: Light, Thomas Frederick County Planning Commission Page 6 Minutes of January 15, 1997 -7- • (Mr. Ellington and Mr. Wilson were not present.) DISCUSSION REGARDING PROPOSED ZONING ORDINANCE AMENDMENTS FOR ADULT CARE FACILITIES Mr. Wyatt stated that during the November 20, 1996 meeting, the Planning Commission heard from Mr. Bruce Hedrick with Balanced Care Services who discussed Assisted- Living Care Facilities, which is a range of use between an independent living facility and a convalescent nursing home. Mr. Wyatt said that this use has been identified as a future need in Frederick County and has been researched by the Development Review & Regulations Subcommittee (DRRS). He said input was received from the Department of Social Services, the licensing agency for this type of facility. The Commission felt this use should be permitted in the RP and B2 Districts because those districts currently permit convalescent and nursing homes and day care facilities. It was also felt that allowance of the use in the RP District should be through a conditional use permit and allowance in B2 as a by -right use with guidelines. Mr. Wyatt reviewed the proposed amendments to the Definitions, the RP (Residential Performance) District, the Business and Industrial Zoning Districts, and the Supplementary Use Regulations. Upon reviewing the draft proposal, Commissioners felt that it would be appropriate to delete items C and D under the Supplementary Use Regulations. Regarding C, recreational amenities, they felt the • market or the Department of Social Services should determine the types of provisions to be provided. Regarding D, structure heights, Commissioners felt this item was repetitive because it was stated elsewhere within the ordinance. Commission instructed the staff to proceed with advertising the amendment with the changes discussed. DISCUSSION REGARDING THE 1997 -1998 CAPITAL IMPROVEMENTS PLAN FOR FREDERICK COUNTY Mr. Lawrence presented the 1997 -1998 C.I.P. (Capital Improvements Plan) for Frederick County as recommended by the Comprehensive Plans & Programs Subcommittee (CPPS). Mr. Lawrence reviewed the proposed projects and costs with the Commission. The question of liability regarding the skateboard park was raised. Mr. Cook, the Commission's legal counsel, said that the County could be liable, if an injury occurred. Mr. Light was concerned that the cost of the C.I.P. had doubled in one year and he felt this "wish list" was going to get the County in trouble with debt service. Mr. Light felt that governmental policy was needed • Frederick County Planning Commission Page 7 Minutes of January 15, 1997 • to restrict the total dollar volume in relationship to budget so that the County doesn't get into a bind with debt service in the future. Mr. Light pointed out that there were no calculations with the C.I.P. as to its effect on real estate taxes. Mr. Light felt that the C.I.P. offered the ability to create avenues to spend money. He said that according to his calculations, 50 of the total money and the county contributions in this proposal had to do with recreations. He felt this was absurd; yet, because the Parks Department is significant in their ability to get projects on the C.I.P., it becomes legislation after the Planning Commission votes on it. He felt there was nothing to stop the School Board from asking for ten schools or the Parks & Recreation Department from asking for 15 ballfields. Mr. Light felt that the creation of a C.I.P. that showed debt service collaborated with a whole financial policy within the County was needed. Other Commission members viewed the C.I.P. as a gathering of information to begin the budgetary process. They felt that the Board of Supervisors' Finance Committee was responsible for deciding how much the County could afford in terns of projects. They looked at the C.I.P. as a wish list that did not bear weight to the financial responsibilities of the County. Chairman DeHaven instructed the staff to proceed with advertising for a public hearing. DISCUSSION REGARDING STANDARDS FOR SINGLE FAMILY DETACHED ZERO LOT • LINE LOTS Mr. Wyatt stated that the staff received a request from Mr. David Shore, Broker, to amend Section 165 -65E of the Zoning Ordinance. Mr. Wyatt said that this section of the ordinance provides dimensional and design standards for single family detached zero lot line developments. He said that Mr. Shore has requested that the language prohibiting windows on the zero lot line side be eliminated. Mr. Wyatt added that the staff polled members of the Development Review & Regulations Subcommittee (DRRS) and they concur that the requirement should be eliminated. Mr. Wyatt said that this statement is redundant in our zoning ordinance because it is already a building permit requirement. He said the building code states that openings shall not be permitted in exterior walls of dwellings located within three feet of the property line. Mr. Wyatt continued, stating that the ability exists to request a modification of, or exception to, this requirement through the Building Official. He explained that if the request is denied, an appeals process is available through the building permits system. Mr. Wyatt said that if the request is granted, the individual runs the risk of having to go back through the variance process because of the requirement in the zoning ordinance. The Planning Commission was in agreement that the wording should be deleted from the zoning ordinance and they instructed the staff to proceed with advertising for a public hearing. • Frederick County Planning Commission Page 8 Minutes of January 15, 1997 • ELECCION OF OFFICERS AND 1997 MEETING SCHEDULE 1997 Meeting Schedule Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. and work sessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both regular meetings and work sessions will be held in the Board Room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. Election of Charles S. DeHaven, Jr., Chairman by Mr. Romine. Chairman DeHaven declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr. for Chairman was made by Mr. Marker and seconded Motion was made by Mr. Thomas, seconded by Mr. Ours, and unanimously passed to close nominations for Chairman. • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr. as Chairman of the Planning Commission for the year of 1997. Election of John R Marker, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of John R. Marker for Vice Chairman was made by Mrs. Copenhaver and seconded by Mr. Morris. Chairman. Motion was made by Mr. Thomas and unanimously passed to close nominations for Vice BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of the Planning Commission for the year of 1997. E Frederick County Planning Commission Page 9 Minutes of January 15, 1997 -10- ,• Election of Kris C. Tierney, Secretary Chairman DeHaven declared nominations open for Secretary. The nomination of Kris C. Tierney for Secretary was made by Mr. Thomas and seconded by Mr. Moms. A motion was made by Mrs. Copenhaver and seconded by Mr. Thomas to close nominations. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Kris C. Tierney as Secretary of the Planning Commission for 1997. ADJOURNMENT No further business remained to be discussed and the meeting adjourned by unanimous vote at 10:00 P.M. =: Respectfully submitted, � a 6' s C. mg DI Charles S. DeHaven, Jr. , Chairman • i, Frederick County Planning Commission Page 10 Minutes of January 15, 1997