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PC_10-01-97_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 October 1, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Robert M. Sager, Board Liaison; Vincent DiBenedctto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice- Chairman/Back Creek District STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Planner II; and Beth Ann Hall, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 9/25/97 Mtg. Mr. Thomas reported that the DRRS discussion centered on Flex -Tech development and standards. He said that the committee has decided to accommodate the use with some modifications to the existing zoning districts rather than creating a new zoning district. is Frederick County Planning Commission Minutes of October 1, 1997 Page 100 -2- Economic Development Commission (EDC) Mr. Romine reported that the EDC is developing an Industrial Services Directory and is also working on the Shenandoah Technology Initiative, which is a program designed to provide public speakers for industry and to provide assistance to small companies. Frederick County Sanitation Authority (SA) - 9/16/97 Mtg. Mrs. Copenhaver stated that the SA is making progress on correcting problems on Westmoreland Drive. She also stated that the report, "Criteria for Utility Excellence," was made available and the Sanitation Authority's Executive Director, Wellington Jones, gave a presentation to the Authority about the report. Mrs. Copenhaver said that everyone present was pleased to see how well the Frederick County Sanitation Authority rated. Winchester City Planning Commission - 9/97 Mtg. Mr. Vincent DiBenedetto, liaison, reported that the Winchester Planning Commission had an extended discussion on the Westminster - Canterbury issue. He said that the Commission recommended disapproval of the plans to the City Council, who will be meeting later in the month. Mr. DiBenedetto said that • it was a difficult decision and the Commission hopes it will be able to accommodate something for the applicant in the future. Joint Frederick County- Stephens City Planning Committee - 9/30/97 Mtg. Mr. Thomas reported that Stephens City is interested in proceeding with the feasibility study on the annexation of some County property. Mr. Thomas said that the planning staffs of both Stephens City and Frederick County are going to develop a land use plan for the areas around Stephens City and discuss some of the water and sewer service area criteria before the feasibility study is pursued further. He said that the Joint Committee discussed the annexation agreement between Rockingham County and the Town of Bridgewater. PUBLIC HEARINGS: Conditional Use Permit #014 -97 of Garris and Eva Poling for an off - premise business sign to be located on the northern side of Route 50 West, just east of Whitacre Road, on property zoned RA (Rural Areas) and owned by Stephen and John Holliday. This property is identified with P.I.N. 27 -A -72 in the • Frederick County Planning Commission Minutes of October 1, 1997 Page 101 -3- Gainesboro Magisterial District. • Action - Recommended Approval with Conditions Mr. Eric Lawrence, Planner II, said that about one year ago the Polings received approval to operate an antique shop (G &E Antiques) at their residence on Whitacre Road. Mr. Lawrence stated that a site plan was approved and a building constructed, and they have been operating approximately three to four months. Mr. Lawrence said that the Polings feel that the business traffic is not as great as they anticipated and they are requesting approval to erect two off - premise business signs on Route 50, indicating their business on Whitacre Road. Mr. Lawrence said that after the staff's comments had already been sent to the Planning Commission, the staff received a call from VDOT's Staunton Office informing the staff that off - premise business signs were not permitted on Route 50, if they exceed two square feet. Mr. Lawrence explained that Route 50 is considered a Federal "A" Primary Road and based on Virginia Outdoor Advertising Laws, signs exceeding two square feet are prohibited. Mr. Lawrence said that Mr. Poling has agreed to modify his applications from two 12 -square foot signs to two two -square foot signs. He added that the County ordinance requires the sign to be placed at least ten feet off the road right -of -way, be no greater than eight feet in height, and no closer to any other sign than 50 feet. Mr. Lawrence said that both he and Mr. Poling have been at the proposed locations and feel that all the requirements can be met. Members of the Commission were concerned that a sign of only two square feet might not meet Mr. Poling's needs. They asked the staff if a larger sign could be erected by Mr. Poling, if a special permit was applied for from the State. • Mr. Lawrence explained that the Virginia Outdoor Advertising Law states that you may only have a sign on your property that exceeds two square feet if it is on a business -zoned property with an operating business; basically, you may have your business sign, but you cannot have an off - premise sign. He added that VDOT explained that all of the existing billboards along Route 50 were grandfathered (been in existence for 25- 30 years). Mr. Gams Poling was available to answer questions from the Commission. There were no public comments. No other areas of concern were raised by the Commission. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 4014 -97 of Garris and Eva Poling for a two- square foot off - premise business sign to be located on the northern side of Route 50 West, just east of Whitacre Road, on property owned by Stephen and John Holliday (P.I.N. 27 -A -72) in the Gainesboro District with the following conditions: If the business being advertised ceases operation, the sign must be removed. 2. Review agency comments must be complied with at all times. • Frederick County Planning Commission Minutes of October 1, 1997 Page 102 -4- • Conditional Use Permit #015 -97 of Garris and Eva Poling for an off - premise business sign located on the northern side of Route 50 West, just west of Whitacre Road, on property zoned RA (Rural Areas) and owned by Charles and Ruth Hale. This property is identified with P.I.N. 27 -A -58 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Lawrence stated that this is the same applicant and scenario as the previous application, but is a different property location. Mr. Lawrence said that this property is owned by Charles and Ruth Hale and is located just west of the intersection of Whitacre Road and Route 50 West. He noted that all the same conditions will apply to this additional sign. Mr. Gams Poling was available to answer questions from the Commission. There were no citizen comments. No areas of concern were raised by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • approval of Conditional Use Permit #015 -97 of Garris and Eva Poling for a two - square foot off - premise business sign to be located on the northern side of Route 50 West, just west of Whitacre Road, on property owned by Charles and Ruth Hale (P.I.N. 27 -A -58) in the Gainesboro Magisterial District with the following conditions: .If the business being advertised ceases operation, the sign must be removed. 2. Review agency comments must be complied with at all times. Rezoning Application #004 -97 of Eastgate II by Jasbo, Inc. to rezone 2.5927 acres from RA (Rural Areas) to MI (Light Industrial). This property is located at the southwest corner of Tasker Road (relocated Route 642) and Marcel Drive at the Eastgate Commerce Center and is identified with P.I.N. 76 -A -48A in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Highlights of the staff report given by Evan Wyatt, Deputy Director, included: the property is located outside of the Urban Development Area (UDA), but does qualify for inclusion in the Sewer and Water Service Area (SWSA); the property's 533' of road frontage along Tasker Road would permit the installation of a commercial entrance meeting the spacing requirements from Marcel Drive; the property has the ability to be served by public water and sewer facilities; the applicant has submitted a proffer statement which provides for • Frederick County Planning Commission Minutes of October 1, 1997 Page 103 -5- a 30' road efficiency buffer with landscaping along Tasker Road, future improvements to Tasker Road as • warranted by VDOT, and a monetary contribution that is consistent with the results of the Capital Facilities Impact Model. Mr. Wyatt stated that the staff believed the most significant impact associated with the rezoning was the additional traffic generation on Tasker Road. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineers for this project, said that this property was a remnant left over when new Tasker Road (new Rt. 642) and the road that goes back to Jouan were created. He said that this rezoning fits in with the Eastgate rezonings approved last month. Mr. Gyurisin said that they will do a traffic study for VDOT based on a specific use, when that use is proposed for the site, and all improvements to Tasker Road would be completed as VDOT desires. Mr. Gyurisin added that they have proffered a 30' buffer, in conformance with the remainder of the development, along Tasker Road. Chairman DeHaven pointed out that Tasker Road is on an 80' right -of -way at present; and the State predicts that at some point in time, it may be necessary to go to a five -lane typical section. Chairman DeHaven inquired as to how much right -of -way that would require. Mr. Gyurisin replied that the 80' right -of- way would accommodate the five -lane typical section. There were no public comments. No other issues were raised by the Commission. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • approval of Rezoning Application 4004 -97 of Eastgate I1 by Jasbo, Inc. to rezone 2.5927 acres from RA (Rural Areas) to Ml (Light Industrial) with proffers as submitted by the applicant and with all agency review comments addressed. DISCUSSION OF FLEX -TECH DEVELOPMENT CONCEPT Eric Lawrence, Planner II, said that the Development Review & Regulations Subcommittee's recommendation is that Flex -Tech development should be included within the existing B2, B3, and MI Zoning Districts. Mr. Lawrence said that with that recommendation in mind, the staff will be working on a draft of performance standards which would address the Flex -Tech use within each of the three districts and will address parking, landscaping, buffering and screening, and types of land uses permitted. He explained that the idea behind Flex -Tech is to incorporate small percentages of retail within the M 1 District and a small percentage of warehousing/manufacturing in the B2 District. Mr. Lawrence said that the overall goal of the staff is to bring the information back to the Planning Commission by the end of November or beginning of December and have standards adopted by either the end of 1997 or the beginning of 1998. 11 Frederick County Planning Commission Minutes of October 1, 1997 Page 104 -6- ADJOURNMENT • No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by unanimous vote. Respectfully submitted, a s C. A'�A Ti ee Lary c ad , Charles S. DeHaven, Chairman (Jr.) 40 • Frederick County Planning Commission Minutes of October 1, 1997 Page 105 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 October 15, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Planner It; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 10/13/97 Mtg. Mrs. Copenhaver reported that the CPPS reviewed a request from Jasbo, Inc. to extend sewer service to the Whitfield Subdivision and a request to include the Preston Conner, Sr. tract into the UDA. Work has also begun on the update to the Comprehensive Plan. Frederick County Planning Commission Minutes of October 1, 1997 Page 107 -2- Transportation Committee • Mr. Wyatt reported that the Transportation Committee will be holding a public hearing on the update of the Secondary Road Plan on November 3 and that plan will come before the Planning Commission on the 19th of November. PUBLIC HEARING Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165 -48.3, and Article X, Business and Industrial Districts, Section 165 -82B., District Use Regulations, B2 Business General District. The proposed amendment allows Hardware, Plumbing and Heating Equipment and Supplies establishments as a permitted use in the B2 (Business General) District, and establishes performance standards applicable to same. Action - Recommended Approval Mr. Eric Lawrence, Planner II, stated that the staff received a request from the R. E. Michael Company, Inc. to consider amending the B2 Section of the ordinance to allow for their type of business, which is heating and air conditioning sales. Mr. Lawrence said that the B2 Zoning District allows for the wholesale distribution of electrical goods and it also allows for the wholesale distribution of plumbing and heating .equipment and supplies. He said that no other wholesale trade establishments are currently allowed in the B2 ® District. Mr. Lawrence said that the DRRS discussed this at their meeting of September 25, 1997 and it was the general feeling of the DRRS that this change, in addition to the amendment, would not be significant nor detrimental to the ordinance. The DRRS further felt the inclusion of the entire SIC 507 Code, "Hardware and Plumbing and Heating Equipment and supplies," is in line with what is already permitted in the B2 Zoning District and would be appropriate with performance standards. There were no public comments. No issues of concerns were raised by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Ours, \�. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimouslyrecommend approval of the proposed amendment to allow "hardware, and plumbing and heating equipment and supplies" businesses in the B2 District with performance standards. 0 Frederick County Planning Commission Minutes of October 1, 1997 Page 108 -3- PUBLIC MEETING Master Development Plan #006 -97 of Westridge III by Glaize Development, Inc. to develop 19 single - family detached urban residential lots on 9.81 acres, zoned RP (Residential Performance). This property is located adjacent to the Westridge Subdivision (Sections I & II), with access from West View Lane via Middle Road (Rt. 628) in the City of Winchester, and is identified with P.I.N. 63 -A -3 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, gave the background information and review agency comments. He said that the issues of concern for the master plan are public service and road design related issues. Mr. Wyatt said that during the rezoning of this property, a concern was expressed about the public services issue (snow removal, refuse /recycling pick -up, emergency services) because a portion of this development is located within the City. He said that during rezoning, a proffer was submitted stating there would be a consumer disclosure statement and the staff feels that a narrative also needs to be incorporated on the master plan to describe this. Mr. Wyatt said that this master plan design conforms with the proffered concept plan submitted during the rezoning, which also provides a 50' access to the Allen tract that will eventually provide a connection to Cedar Creek Grade. Regarding the road design issue, Mr. Wyatt said that the School Bus Transportation Department confirmed that they would enter the subdivision to pick up school children provided the cul -de -sacs were designed • to accommodate school bus travel; therefore, staff is recommending that a narrative be placed on the master plan to reflect that comment as well. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineers for this project, stated that almost two years ago, this site was approved for inclusion in the Urban Development Area (UDA) and subsequently, last year, it was rezoned. He said that they have conformed with all of the proffers and the consumer notification will be placed on both the master development plan and the final plats and deed of dedications. Mr. Gyurisin said that they will provide sidewalks, street lights, curb and gutter, and the cul -de -sac radius will meet VDOT standards. He added that this section is a continuation of Westridge Subdivision which is already in place. Mr. Miller commented about the 50' right -of -way over to the Allen property and inquired if there was a requirement for a right -of -way over to the church property. Mr. Wyatt replied that there was not; he said that because of the situation and the road layout for this subdivision, access to Cedar Creek Grade was desireable should the Allen property develop in the future; however, access to Middle Road is already provided and to require a road to the church property to tie back into Middle Road farther southwest would not be desireable. Planning Commissioners were of the opinion that the proposed master development plan was designed in conformance with the proffered concept plan which was approved as a part of the rezoning, and conformed with the requirements and recommendations of the Comprehensive Policy Plan and the Zoning Ordinance. There were no public comments. is Frederick County Planning Commission Minutes of October 1, 1997 Page 109 -4- Upon motion made by Mr. Ours and seconded by Mr. Routine, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #006 -97 of Westridge III by Glaize Development, Inc. to develop 19 single - family detached urban residential lots provided that all reveew agency comments, staff report comments, and all comments or concerns expressed by the Planning Commission and Board of Supervisors have been adequately addressed. DISCUSSION REGARDING CORRIDOR DESIGN STANDARDS Mr. Evan Wyatt, Deputy Planning Director, stated that one of the items on the work program for the Development Review and Regulations Subcommittee (DRRS) was to develop new design standards to enhance the appearance of the County's corridors. He said that discussions were held at the Planning Commission level and a public hearing was held at the Commission's August 13, 1997 meeting. Mr. Wyatt said that subsequent to that meeting, the staff received comments from various members of the community, members of the Industrial Parks Association, and a local engineering firm expressing some concerns. Mr. Wyatt said that before forwarding this to the Board, the staff felt it prudent for the Commission to review the concerns and comments and have an opportunity to discuss them. Mr. Wyatt introduced some of the representatives of the concerned groups who were in the audience: representing the Top of Virginia Building Association was Mr. Kit Moulden; representing G. W. Clifford & Associates were Mr. Charles Maddox, Jr. and Mr. Stephen M. Gyurisin; representing Eastgate Commerce Center was developer Mr. Allen Hudson; representing the Ft. Collier Industrial • Park was Mr. Jim McIlvaine; representing the Industrial Parks Association was Mr. Whit Wagner; representing the Shockey Company was Mr. Fred Ash; and representing Painter -Lewis Engineers was Mr. John Lewis. Mr. Wyatt next reviewed each of the comments expressed within the various sections of the following design standards: off - street parking, entrance spacing requirements, and the utility section. Mr. Morris raised the point that during committee discussions, especially for the industrial park areas, it was suggested that maybe the industrial parks should be exempt from any of the design standards; however, when this subject came up, the committee was not heavily into the issue of flex -tech, which may bring retail traffic into industrial parks. Mr. Morris said that some of the comments may not yet address flex -tech because the committee is still discussing that issue. Mr. Wyatt replied that some of the issues that the Industrial Parks Association (IPA) raised pertained to parking and parking lots. Mr. Miller commented on a concern raised about the ability to install high voltage lines underground in industrial settings. Mr. Wyatt explained that the way the language reads, there is the potential for interpretation that if there is an upgrade to the transformer or to the service line into the building, which could happen if an industrial use upgraded some process where they had the need for more electricity, the power lines that follow the road right -of -way, as well as the lines coming in where the transformer is sitting and the service line to the building, would all need to go underground. Mr. Wyatt said that the primary concern is who will bear the cost of doing that. Members of the Commission were of the opinion that they would be willing to entertain compromises on some of the issues; however, they did not want to gut the "intent" of the design standards. They 11 Frederick County Planning Commission Minutes of October 1, 1997 Page 110 -5- felt there was room for compromises, particularly in industrial park areas; but they did feel a need to insist on some of the major issues, particularly if the County was ever going to obtain the standards it has been striving for. Mr. Wyatt said that many of the comments submitted warrant consideration and he did not feel any one item compromised the enhancement of the corridors involved. Mr. Wyatt said that he did feel strongly against the comment that the design standards should only apply to arterial and not to major collector roads. Mr. Wyatt explained that unlike the City of Winchester, the County is going to grow and has areas that are designed to grow. He said that roads being planned, such as Tasker Road, Warrior Road, etc., will over time develop into major corridors and will be traveled on by others besides professional drivers and industrial park employees. He said there will be mixed land areas that will have places of residential use, as well as commerical and in some cases, light industrial. Mr. Wyatt said that his greatest concern would be to exempt the major collector roads from meeting the design standards. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Kit Moulden, developer in the City of Winchester and resident of Frederick County, was present on behalf of the Top of Virginia (TOV) Building Association. Mr. Moulden said that discussions have led him to believe that the Commission and the staff had done everything right in trying to present the proposed standards to the development community and he apologized that the TOV Building Association had failed to get a timely response back to the Commission. Mr. Moulden said that he was not in a position at this time to comment on the technicial aspects of the proposal and he asked the Commission to consider tabling it for 30 days so the development community could review it and give a cohesive response. Mr. Allen Hudson, associated with the recently approved Eastgate Commerce Center, stated that • he has 70 acres of commercial property for which he is attempting to ascertain a use. He said that he has some very interested parties, but he knows he is in competition with some commercial properties in Warren County and other areas as well. Mr. Hudson said that he, too, was not prepared to present comments on the proposed design standards and he also asked the Commission to consider tabling the issue for 30 days, so that he could study the proposal. He felt there were some issues that needed to be addressed on commercial properties as well as industrial. Mr. Whit Wagner, representing the Industrial Parks Association (IPA), said that the IPA has been working with the staff and many of the concerns raised were theirs. Mr. Wagner said that the IPA applauds the concept of upgrading the built environment and felt the staff had done an exceptionally good job. He said that there were a couple items, however, that they would like to see modified somewhat to give them a compromise between what they can afford and what's best for the health, safety, and welfare of the built environment. On the topic of underground utilities, Mr. Wagner said that he certainly encourages them; but when it comes to high - voltage underground utilities, it becomes onerous and adds significantly to the price of the lots. He said that those concerns have been addressed, but are not yet a part of the written text. He said that the IPA would like to see the actual written text before they would whole - heartedly endorse the program. Mr. Wagner also felt it would be a good idea to table the design standards. Mr. James Mcllvaine, representing the Fort Collier Industrial Park, said that they thought the guidelines were for the highway corridor districts and subsequently, didn't realize that any of the regulations would apply to them; however, now they realize this is not the case and that most of the guidelines do apply to the industrial parks. Mr. McIlvaine felt that others may have had the same misunderstanding. Mr. McIlvaine felt that some time needed to be spent discussing the expense items. u Frederick County Planning Commission Minutes of October 1, 1997 Page 1 I I N Members of the Commission agreed that more discussion on the design standards were needed, • especially in light of the comments received. Commission members believed that the development design community's input was imperative on these issues and thanked those present for their input. They felt that some of the major issues that needed addressed were: 1) the flex -tech issue in the industrial parks, especially as far as parking was concerned; 2) the misunderstanding that the design standards applied only to corridors, while in actuality it involved the industrial parks as well; and 3) the underground utilities issue - -the one single thing they felt could be done that would improve corridor appearance more than anything else. Commission members believed that the best forum for discussion would be at the committee level with the representatives of the development/building community. Legal Counsel, Jay Cook, advised that since the Commission had already made a formal recommendation to the Board of Supervisors at a previously advertised public hearing, the proper way to proceed would be to forward the design standards to the Board and have the Board table them at their level. Mr. Tierney felt the staff could work out the logistics; and, in the meantime, a meeting could be scheduled at the committee level to get the discussions started. APPOINTMENT OF MR. SCOT MARSH TO THE DEVELOPMENT REVIEW & REGULATIONS SUBCOMMITTEE Subcommittee. • unanimous vote. Chairman DeHaven appointed Mr. Scot Marsh to the Development Review and Regulations No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by .Respectful submitted, knis C. Tierney, Secretary Charles S. DeHaven, Chairman (Jr.) • Frederick County Planning Commission Minutes of October 1, 1997 Page 112