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PC_07-02-97_Meeting_Minutes• MEETING 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 July 2, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Moms, Shawnee District; W. Wayne Miller, Gainesboro District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opcquon District; Terry Stone, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; George L. Routine, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Andrew Evans, Zoning Administrator; Eric R. Lawrence, Planner II; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MAY 7,1997 Upon motion made by Mr. Marker and seconded by Mr. Light, the Commission unanimously approved the May 7, 1997 minutes as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of July 2, 1997 Page 62 -2- i COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 06/26/97 Mtg. Mr. Thomas reported that the DRRS discussed two major topics - -an amendment to the Interstate Area Overlay District and the establishment of new development design standards for corridor appearance. Historic Resources Advisory Board (HRAB) - 06/17/97 Mtg. Mr. Morris reported that the HRAB reviewed a preliminary master development plan for Woodbrook Village which is located at the south side of Opcquon Church Lane in Kemstown. Mr. Morris said that discussions centered on the Civil War nature of the area and the plan was forwarded without a recommendation. CITIZEN COMMENTS Mr. Charles W. Maddox, Jr., Vice- President/Engineer for G. W. Clifford & Associates, Inc., • invited the Commission to an on -site visit of the Stonecrest Village project on Tuesday, July 8, between 4:00 p.m. and 6:00 p.m. He said that Stonecrest Village is similar in character to what is proposed for the Woodbrook Village master development plan, which he will be bringing before the Commission soon. Mr. Maddox gave the Commission directions to Stonecrest, which is located in the City on the south side of Tevis Street. PUBLIC HEARING Conditional Use Permit #009 -97 of James K. Powell for office space, a workshop, and inventory for a plumbing business. The property is located at 6931 Valley Pike and is identified with P.I.N. 84 -A -82 in the Opequon Magisterial District. Action - Recommended Approval Mr. Evans stated that the proposed use is allowed in the RA District with a conditional use permit. Mr. Evans explained that fencing is proposed for a portion of the site to provide screening for outside storage of supplies and service vehicles. He said the use of the existing building and site should not negatively affect surrounding properties or change the character of the area and staff is recommending approval with conditions. • Frederick County Planning Commission Minutes of July 2, 1997 Page 63 3- • Mr. James K. Powell, the applicant, was available to answer questions from the Commission. There were no citizen comments. Mr. Miller inquired if the proposed use should be classified as a cottage occupation and if so, was the sign size recommended by staff excessive. Mr. Tierney replied that because of the number of employees and the variety of previous uses of the property, the staff felt it more appropriate to classify the use as nonconforming, rather than as a cottage occupation. Mr. Tierney said that sign size could be limited, if that was a concern. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 4009 -97 of James K. Powell for office space, a workshop, and inventory for a plumbing business with the following conditions: 1. All review agency comments shall be complied with at all times. 2. A (minor) site plan must be approved by the County and should include the proposed location of the fence /screening (material, height) on the plan. 3. All shop - related work must be done within the building only. • 4. Total signage (wall or free - standing) should not exceed a maximum of 100 square feet. This conditional use permit was approved by the following majority vote: YES: Thomas, Wilson, DcHaven, Marker, Morris, Light NO: Miller (Romine, Copenhaver, Stone, Ours - absent) Amendment to Article X, Business and Industrial Districts, Chapter 165, Zoning, of the Frederick County Code to permit stone, clay, glass, and concrete products manufacturing in the M2 (Industrial General) District. Action - Recommended Approval Mr. Wyatt stated that the Development Review and Regulations Subcommittee (DRRS) considered a request made by the Economic Development Commission (EDC) to amend Chapter 165 to allow for the manufacturing of products specified under Major Group 32 of the Standard Industrial Classification • Frederick County Planning Commission Minutes of July 2, 1997 Page 64 4- Manual (SIC). He said that this section would permit the manufacturing of stone, clay, glass, and concrete • products. Mr. Wyatt said that the DRRS felt the uses as a whole were no more intensive than some of the other uses currently permitted in the M2; however, they did have some reservations about asbestos products manufacturing and, therefore, the recommendation is to amend Article X, Section 165 -82E, the M2 (Industrial General) District to allow stone, clay, glass, and concrete products manufacturing as an SIC 32, excluding asbestos products. There were no citizen comments. 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 the amendment to Article X, Business and Industrial Zoning Districts, Chapter 165, Zoning, of the Frederick County Code, as follows: 165 -82E. M2, Industrial General District Allowed Uses SIC Stone, Clay, Glass, and Concrete Products, 32 excluding the following: Asbestos Products 3292 Rezoning Application 9002 -97 of Eastgate Commerce Center by Wrights Run Limited Partnership to rezone land currently zoned RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), and M1 (Light Industrial) within the Eastgate Commerce Center, to create 51.96 acres of B2 (Business General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of MI (Light Industrial) zoned land. The property is located at the intersection of Front Royal Pike (Rt. 522 So.) and Tasker Road (Rt. 642) and is identified with P.I.N. 76 -A -53 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Wyatt presented the background information and project history to the Commission. Mr. Wyatt said that the proposed rezoning application is consistent with development policies set forth in the Comprehensive Plan and the applicant has mitigated potential impacts through a proffer statement. He said that analysis of the applicant's traffic impact statement may result in the need for additional transportation improvements. Mr. Wyatt reviewed the transportation issues with the Commission. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the engineers for the Eastgate Commerce Center rezoning application, stated that during the design phase of their concept plan, they u Frederick County Planning Commission Minutes of July 2, 1997 Page 65 -5- • had to make assumptions concerning pending road projects that were taking place at the time= -the elevations of the new Route 522 and the location of Tasker Road. He said that the final road locations varied slightly from their initial design. Mr. Maddox said that they are attempting to clean up some zoning lines with this application request; for example, some zoning lines are crossing roads and there are some M1 and B3 -zoned lands on the opposite side of Tasker from where they were intended to be. Mr. Maddox said that configuration of the property with respect to Tasker Road was also examined. He pointed out that Tasker Road is now running through the center of the site, whereas before it bisected only a small portion to the north. Mr. Maddox stated that marketing has indicated that additional B2 and commercial lands may be appropriate to the north, in lieu of the residential use that was planned for initially. Mr. Maddox added that some access points directly onto Route 522 were needed, but he would not know how many until the traffic analysis was complete. He further added that VDOT will probably require a third lane along Route 522; however, there will be no cross - overs, and this will be a traffic light - controlled intersection. Commissioners were concerned that a substantial portion of the site remained RA. They felt that the applicant should have petitioned to rezone the whole site now, rather than coming back later to rezone the remaining portion. The transportation issues could then be examined for the entire site, instead of piecemeal. Commission members believed it would be better to let everyone know up front what to expect. In light of the continual development of RA land to the south, they said that the residents in that area would be unaware of the future intent for the property. Another issue of concern to the Commission was the suggestion that there would be additional entrances onto Route 522. Some members said they could not support additional entrances on Route 522, • especially in light of the poor results achieved on Routes I I North, 7 East, and 50 East, and because of the opportunity available internally for southbound movement on Sunrise Drive. Other Commissioners felt there may be some advantages in allowing the right turn access back out to Route 522 and that it was best not to limit options at this point in time. They decided to wait until the master planning stage and if a tenant was identified, more information would be available to assess the impacts of either having an entrance on Route 522 South or having all the traffic go back out to Tasker Road. Commission members stated that directing traffic out to Tasker Road was undesirable; however, by allowing traffic to go out on Route 522 with a right -turn lane, the intent of not having trucks on Tasker Road was being met. Other than the concerns raised with regard to entrances on Route 522 and the issue of the applicant not petitioning the entire tract for rezoning all at once, Commission members felt the application with proffers was consistent with policies set forth in the Comprehensive Plan. There were no public comments. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning 4002 -97 of Eastgate Commerce Center, with the proffers submitted, to create 51.96 acres of B2 (Business General); 2 1. 10 acres of B3 (Industrial Transition); and 51.83 acres of M 1 (Light Industrial) by the following majority vote: YES (TO APPROVE) Miller, Thomas, Wilson, Marker, Light, Morris 17J Frederick County Planning Commission Minutes of July 2, 1997 Page 66 NO : DcHaven • (Romine, Copenhaver, Stone, Ours - absent) PUBLIC MEETING Master Development Plan 9005 -97 of Eastgate Commerce Center by Wrights Run Limited Partnership for 51.96 acres of B2 (Business General) zoned land; 21.10 acres of B3 (Industrial Transition) zoned land; and 51.83 acres of MI (Light Industrial) zoned land for proposed commercial and industrial use. The property is located at the intersection of Front Royal Pike (Rt. 522 South) and Tasker Road (Rt. 642) and is identified with P.I.N. 76 -A -53, 76- A -53A, 76- A -53B, 76- A -53C, and 76 -A -53D in the Shawnee District. Action - Recommended Approval Mr. Ruddy presented the review agency comments and background information. He stated that no buffers have been shown on the Master Development Plan (MDP); he said that zoning district buffers are required along all zoning district boundaries internal to the development and also along the perimeter of the development where business /industrial zoned land abuts rural area land used for residential purposes. Mr. Ruddy said that the applicant's proffer statement mentions a 30' wide road efficiency buffer along both sides of Tasker Road, however, this also has not been shown on the master plan. Woodlands and steep slopes are also not indicated on the plan. • Mr. Rudd added that in the rural area portion of the property, there is a five -acre lot owned by the Cees. He explained that this lot has access to a road which fronts on Route 522 and comes back through the B2 and 133 portion of the property, directly to the five -acre site. Mr. Ruddy said that this is not shown on the MDP and staff is concerned as to how access to that property will be accommodated. Mr. Allan Hudson, President of Wrights Run Limited Partnership, the owner of the property, stated that his agreement with Mr. Cee is that they may move the road anywhere they desire, as long as access is provided to Mr. Cee. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for the applicant, stated that all of the items mentioned by staff will be accomplished on the MDP. Mr. Gyurisin said that there is adequate room on the site to accommodate all internal and perimeter buffers and those will be shown on the MDP. The main issue of concern for the Planning Commission was the potential for problems to result for exiting northbound traffic, especially truck traffic. Commission members believed that if vehicles traveled southbound for a short distance in order to U -turn at the next crossover to begin northbound flow, it could lead to serious safety hazards for the development's traffic and north and southbound motorists. Commission members suggested that the developer consider traffic signs internal to the development indicating that truck traffic going north should go back up to Wrights Run Road to Tasker to use the light. They felt that when the remainder of the RA area was developed, there would be a substantial increase in traffic on both Tasker and Sunrise to go south and north on Route 522. Frederick County Planning Commission Minutes of July 2, 1997 Page 67 -te - Chairman DeHaven felt that Sunrise Drive was critical, especially in light of the fact that a • crossover was not possible. Chairman DeHaven stated that he opposed additional entrances onto Route 522 from any of the B2 areas and believed those should all be internal. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #005 -97 of Eastgate Commerce Center by Wrights Run Limited Partnership for commercial and industrial use contingent upon the approval of the rezoning application by the Board of Supervisors and with the stipulation that all review agency comments are adequately addressed. The vote on this MDP was as follows: YES (TO APPROVE) Miller, Thomas, Wilson, Marker, Light, Morris NO: DeHaven (Romine, Copenhaver, Stonc, Ours - absent.) Request for an Exception by Dennis and Jean Settle/Daniel Lee Settle, under the provision of Section 1445 of the Frederick County Subdivision Ordinance to subdivide a parcel of land and provide less than the 50 foot right -of -way as required by Section 144 -31 C.(3). This property is identified as PIN 76 -A -105 • and is located off of Armel Road (Rt. 642), approximately 2,000 feet east of the intersection of Front Royal Pike (Rt. 522), in the Shawnee Magisterial District. Action - Recommended Approval Mr. Evans, Zoning Administrator, said that Dennis and Jean Settle, on behalf of Daniel Lee Settle, are requesting an exception under the provision of Section 144 -5 of the Frederick County Subdivision Ordinance to subdivide a 2+ acre lot from a 32 -acre tract of land with less than a 50 foot right -of -way as required by Section 144- 31C.(3). Mr. Evans said that the 32 -acre tract of land is served by an existing 30 foot right-of- way from Armel Road (Rt. 642) and the Settles would like to subdivide the 2+ acres to construct a residence. He explained that the Settles have attempted to secure additional right -of -way, but were unsuccessful. Mr. Evans added that the Settles have obtained a septic system permit from the Health Department. Members of the Commission were concerned about the potential precedence that may be set by approving a land division with less than the required 50 foot right -of -way. They felt that if this was approved, it should be designated on the plat that it is an exception for one lot only and the remainder of the tract is to remain intact. There were no citizen comments. Upon motion made by Mr. Marker and seconded by Mr. Morris, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend Frederick County Planning Commission Minutes of July 2, 1997 Page 68 8- approval of the request for exception to Section 144 -31 C.(3) of the Subdivision Ordinance to subdivide a parcel • of land with less than the required 50 foot right -of -way with the stipulation that the division is for one lot only and this restriction shall be designated on the plat. Request for an Exception by Kenneth C. And Mary P. Lebo under the provision of Section 144 -5 of the Frederick County Subdivision Ordinance to subdivide a parcel of land and provide less than the 50 foot right -of -way as required by Section 144- 31C.(3). This property is identified as PIN 47 -A -8 and is accessed off Pine Top Road (Rt. 617), approximately 1,000 feet east of the West Virginia/Virginia State Line, in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evans, the Zoning Administrator, said that Kenneth C. And Mary P. Lebo request an exception under the provision of Section 144 -5 of the Frederick County Subdivision Ordinance to subdivide a 13.567 acre tract of land from a 60.761 acre tract in order to construct a residence with less than the 50 foot right - of -way as required by Section 144 -31 C.(3). Mr. Evans stated that Mr. Lebo has been informed by his lender, The Marathon Bank, that his loan will be through Secondary Mortgage Market financing and the regulations state that acreage larger than 20 acres cannot be accepted under FNMA/FHIMC regulations. In order for Mr. Lebo to secure acceptable financing for his loan, an agreement was reached with The Marathon Bank to finance a smaller portion of the tract, 13.567 acres, which would be sufficient for the construction of the new home. Mr. Evans added that Mr. Lebo has no plans for development of the remaining 47.194 acres • tract, so the existing 30 foot right -of -way would serve one residence and two tracts of land. Members of the Commission did not have any problems with the exception as long as the subdivision was for one lot only and that this requirement be stated on the plat. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request of Kenneth C. And Mary P. Lebo for exception to the Frederick County Subdivision Ordinance to subdivide a parcel of land with less than the required 50 foot right -of -way required by Section 144- 31 C.(3) with the stipulation that the division is for one lot only and this restriction shall be designated on the plat. \J Frederick County Planning Commission Minutes of July 2, 1997 Page 69 - 9 - DISCUSSION ITEMS • Discussion of Proposed Amendments to Article XVI, IA (Interstate Areal Overlay District Mr. Wyatt presented some amendments to the IA (Interstate Area) Overlay District for discussion, which were written to clarify the intent and some other issues raised by the Board of Zoning Appeals. Mr. Wyatt said that these revisions were reviewed and endorsed by the Development Review and Regulations Subcommittee (DRRS) at their meeting of June 26. Mr. Wyatt discussed the changes with the Commission. He explained that the way the original ordinance was worded, it referred to primary uses on properties which placed staff in a position where determinations needed to be made on what was primary and what was accessory. He said that in order to clarify that, since SIC designations were being used, staff changed the wording to "qualifying criteria." Mr. Wyatt said that another issue was the statement that limits the number of signs. He said that the intent was to provide the opportunity for one large sign that could be visible from the interstate and, if necessary, to share that sign, and the new wording reflects this intent. The section allowing the Planning Commission to waiver a portion of the setback was modified slightly. Also modified was the section dealing with maximum size, which did not increase the size, but rather, simplified the language and explained that only one pole is to be utilized. Other sections modified were those on Illumination, Maintenance and Permits, and Permitted Heights. The Planning Commission felt the amendments clarified and improved the wording of the ordinance and instructed the staff to advertise the amendments for public hearing for their first meeting in August. • Joint Worksession of the Planning Commission and the Board of Supervisors Mr. Tierney said the Commission's request for a joint work session with the Board of Supervisors was granted and has been scheduled for 6:00 p.m. on July 9, which is prior to the Board's regularly scheduled meeting. Discussion of an Ordinance Dealing with Adult Retail Uses Mr. Lawrence presented draft language to address adult uses within the County in response to complaints received by the Planning Department, the County Administrator's Office, and the County Sheriffs Department. Mr. Lawrence said that he spoke with numerous departments throughout the State to determine how other jurisdictions deal with this same issue. Mr. Lawrence stated that the staff has suggested that the use be provided as a conditional use within the B2 Zoning Districts, because of the intent and location of that district. He added that a conditional use was preferred over a "by- right" use because it allowed the opportunity for the Planning Commission and the Board of Supervisors to determine if the proposal, and its location, was appropriate. It also allowed the opportunity to place conditions on the use. Planning Commission members were concerned that under Item #3, the phrase, "enclosed • Frederick County Planning Commission Minutes of July 2, 1997 Page 70 -10- structures" may not be specific enough and that plate -glass windows might, be considered as an enclosed • structure. Members suggested the wording, "no merchandise shall be visible other than from the interior of the structure." Outside advertising was discussed and the Commission felt that building - mounted signs needed to be addressed. They also suggested that the distance from schools, churches, parks, day care centers, and residential uses be increased from 1,000 feet to 2,500 feet and that the measurement should be taken from the property line, not the structure. Commission members suggested that a setback distance be incorporated. Mr. Lawrence said that he would incorporate the Commission's suggestions into the amendment and bring it back for further discussion. Status of "No Through Truck Traffic" for Tasker Road Mr. Wyatt stated that the "No Through Truck Traffic" restriction for Tasker Road has been advertised for public hearing at the Board of Supervisors' nest meeting, July 9. Mr. Wyatt said that if the Board adopts the request, then VDOT will undertake studies to determine if it meets their criteria. He said that if the restriction policy meets VDOT's criteria, it is then forwarded to the Commonwealth Transportation Board, who ultimately has the final decision on the posting of the route. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by unanimous vote. Respectfully submitted, s C. Tiem ec Lary - IAL - Charles S. DeHaven, Chairman (Jr.) • Frederick County Planning Commission Minutes of July 2, 1997 Page 71