Loading...
PC_11-19-97_Meeting_MinutesMEETING MINUTES OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 19, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Robert A. Moms, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Planning Director; 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. MEETING MINUTES - OCTOBER 15,1997 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of October 15, 1997 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 11/13/97 Mtg. Mr. Wyatt reported that the DRRS continued their discussion on flex -tech industrial development and it is anticipated that this discussion will continue at the next committee meeting. • Frederick County Planning Commission Minutes of November 19, 1997 Page 118 -2- L� Comprehensive Plans & Programs Subcommittee (CPPS) - 11/10/97 Mtg. Mr. Wyatt reported that the CPPS considered new projects for the Capital Improvements Plan by both the School Board and the Parks & Recreation Department. He said that they also considered a final proposal for an amendment to the Comprehensive Policy Plan. Economic Development Commission (EDC) Mr. Romine reported that the principal work item has been budget development for the various existing and proposed programs. Sanitation Authority (SA) - 10/28/97 Mtg. Mrs. Copenhaver reported that the SA is proposing an increase in the connection fees for developments. She said that the lots under construction are at an all -time high. Mrs. Copenhaver also reported • that the Church of the Nazarene is going to build on the west side of Middle Road adjacent to Westridge subdivision. She said that the SA granted permission for them to buy their water and sewer from the City because the property adjoins the City line and the County does not have a facility available for them. Winchester City Planning Commission - 11/18/97 Mtg. Mr. Ours reported that the Winchester City Planning Commission worked on rezoning two tracts of land for Winchester Medical Center: the R & T Tract, which was revised and some different uses were opened up than what were previously approved in 1995; and the Fruit Hill Tract, with a change of proffers. He said that the Medical Center is proposing to develop residential and long -term care facilities in the rear portion, where the Shenandoah University building is located. Mr. Ours said that the other issue discussed was the site plan for the new Lowe's building, which was also approved. LJ Frederick County Planning Commission Minutes of November 19, 1997 Page 119 -3- i PUBLIC HEARING Update of the 1998 -1999 Frederick County Secondary Road Improvement Plan Action - Recommended Approval Evan A. Wyatt, Deputy Planning Director, presented the 1998 -1999 Frederick County Secondary Road Improvement Plan to the Commission. Mr. Wyatt reviewed the top four major road improvement projects: 1) the improvements to Middle Road between Barley Lane and Marlboro Road; 2) the improvements to Greenwood Road from Senseny Road to Valley Mill Road; 3) Jones Road (Rt. 62 1) from Cedar Creek Grade to the entrance to Stonebrook; and 4) Aylor Road which would connect from Rt. 277 heading north to tie into new Tasker Road. Mr. Wyatt said that the Transportation Committee did not receive any requests for new improvements and none were added. Mr. Wyatt continued by reviewing the Hard Surface Improvement Project Rating System Policy which was adopted by the Board of Supervisors on October 7, 1997. He said that the top four new hard surface road improvement projects were: 1) Middle Fork Road (Rt. 695); 2) Pack Horse Road (Rt. 692); 3) Veterans Road (Rt. 625); and 4) Klines Mill Road (Rt. 633). He said that 11 new projects were added to the Incidental Construction Projects list. Mr. Wyatt stated that the Transportation Comnittee held a public hearing on November 3, 1997 several citizens from Rt. 695 provided letters and a petition; there were also several other citizens who addressed the committee. Mr. Wyatt said that the Committee felt the plan as presented by the staff was appropriate and • recommended unanimous approval. Chairman DeHaven next called for public comment and the following people came forward to speak: Mrs. Barbara Burroughs, resident of the Opequon District on Klines Mill Road, requested that the Commission recommend approval of the plan as presented to the Board of Supervisors. Mrs. Bernice Montgomery, resident of the Gainesboro District on Middle Fork Road (Rt. 695), requested that the Planning Commission reconfirm the Transportation Committee's decision to maintain Route 695's position as the number one priority project on the New Hardsurface Road Improvement Plan. Mrs. Montgomery also requested that the Planning Commission recommend approval of the top four projects on the plan before the new rating system becomes effective. Mr. Hans Nydam, resident of the Gainesboro District on Pack Horse Road (Rt. 692), also asked the Planning Commission to recommend approval of the Hardsurface Road Improvement Plan as submitted by the Transportation Committee. Members of the Commission commended the staff for their work on a difficult and sensitive issue. It was stated that the staff had done considerable work through the previous year on this project and had produced a rating system that is fair and provides decision - makers with good rationale and reasoning for ranking new roads on the plan. i s Frederick County Planning Commission Minutes of November 19, 1997 Page 120 -4- Gainesboro District Commissioner, Mr. Miller, thanked the citizens of Gainesboro District for coming to the meeting and showing their support for Routes 695 and 692 on the road improvement plan. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1998 -1999 Frederick County Road Improvement Plan as presented by the staff and Transportation Committee. PUBLIC MEETING Master Development Plan #007 -97 for Westminster Canterbury by Greenway Engineering to develop a 48 -unit assisted living facility and 18 cottage /duplex units in two phases. This property consists of 46.35 acres, located on Westminster- Canterbury Drive (Rt. 1318), off of Front Royal Pike (Rt. 522 North), and is identified with P.I.N. 53- A -63A, 53- A -63B, 53- A -52B, and 53 -4 -3 -J in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Romine and Mr. Stone stated that they would abstain from discussion and vote on this master plan, due to a possible conflict of interest. • Mr. Michael T. Ruddy, Planner II, gave the background information and review agency comments. The project history given by Mr. Ruddy included the following: the Board of Supervisors rezoned the property on which the Westminster - Canterbury facility is located on August 24, 1983 (Rez. #005 -83); ensuing development of the property was prior to the County's current master development plan (MDP) requirements; subsequent cottage /duplex development on the property in 1991 and 1994 necessitated the approval of MDPs #005 -91 and #008 -94, and the rezoning of 2.9 acres of B2 zoned land to RP (Rez. #005 -91). Mr. Ruddy stated that the assisted living residential facility is an extension of the existing facility of which there are 200 existing units with an additional 192 previously- approved, but undeveloped units. He explained that the cottage /duplex development is in addition to the 26 existing cottages and access is to be provided through private driveways that connect the existing Westminster - Canterbury Drive. Mr. Ruddy said that no significant concerns were raised by the staff upon review of the proposed MDP. He said that the gross density is below the maximum permitted gross density and the amount of open space surpasses the minimum requirement. He added that the acreage of disturbed environmental features is also significantly lower than the amount permitted. Mr. Ruddy said that the staff was recommending approval of the plan as the overall concept of the plan was consistent with the Comprehensive Plan and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Mr. Ruddy presented a letter of support received by the Planning Department and addressed to the Frederick County Planning Commission, dated November 19, 1997, from Mr. Michael L. Bryan. is Frederick County Planning Commission Minutes of November 19, 1997 Page 121 -5- Members of the Commission inquired if the buffering requirements had been met. Mr. Ruddy • replied that the applicant has indeed provided sufficient buffering in the areas required; however, there are some additional areas where they have also provided buffering and it may not be necessary at those areas. They have essentially provided more buffering than what is required. to speak Chairman DeHaven next called for citizen comments and the following persons came forward Dr. Mark Wilson, resident of the Gainesboro District and adjoining property owner, said that he was a member of the Board of Directors of the Tudor Square Homeowners Association, serving as Treasurer. Mr. Wilson said that he was authorized to speak for the entire Board of Directors that they are in favor of the proposed MDP of Westminster - Canterbury of Winchester. Mr. Jack Brady, area resident, said that his concern was regarding a previously agreed -to 250 yard buffer zone, which was going to be cut drastically by this new three -story, high -rise building. He suggested that the building be built away from the existing neighborhood, and on the other side where Westminster - Canterbury has the available acreage. Ms. Beatrice Fincham, resident at 931 Autumn View Lane, which is the south side of Rt. 522 at Sunnyside, stated that the back of her property neighbors Westminster - Canterbury. Ms. Fincham was concerned how the applicant proposed to control run -off. She said that her property was in the lowland and was subject to flooding; she said that Sunnyside has been overwhelmed by recent developments, including Sheetz, the school, and the ditch at 522 simply can not take anymore run -off. • Mr. DeHaven stated that a detailed stormwater management plan will be required at the site plan stage of development and that information on stormwater management will be available at that point. Mr. Tom Lloyd, resident at 613 Old Fort Road in Winchester, stated that he was disappointed that Westminster- Canterbury was not able to produce a plan that complied with all the representations that were made in the 1980s. Mr. Lloyd requested that the Commission consider the protection of the woodlands/ environment element of the plan as it relates to the adjacent development and require the replacement of woodlands that are being eliminated. He said the existing woodlands, located where the building projects to the west, mitigate the impact of the existing three -story building from residences to the north. He requested that as those woodlands are removed to accommodate this particular building, the Commission require additional landscaping on the western side of the property, particularly where it abuts the Old Fort Road cul -de -sac and the eastern side of Old Fort Road. Mr. Mark Smith of Greenway Engineering, the designers of the project, said that the County's engineer, Mr. Edward Strawsnyder, briefed him on the drainage issues in the area and he is well aware of the situation. Mr. Smith said that stormwater is a detailed site plan issue and will be addressed during the site plan stage. Regarding buffering along Old Fort Road and the surrounding area, he said that they are very sensitive to that issue and will do the best job possible by either meeting or exceeding the requirements. Gainesboro Commissioner, Wayne Miller, said that he was also concerned about the drainage in this area. He recalled that when the patio homes were built in Tudor Square, a stormwater management facility was instalted, but didn't work very well. He said that some of the residents in the Sunnyside division below there experienced excessive amounts of water runoff. Mr. Miller said that Mr. Smith needed to understand that and • Frederick County Planning Commission Minutes of November 19, 1997 Page 122 �.s • be very sensitive to the drainage issue, being careful not to create more problem than has already existed there. Members of the Commission inquired about the aforementioned 250' buffer and staff noted that the distance buffer mentioned was an agreement between the City of Winchester and Westminster - Canterbury. The Planning Commission had concerns about the drainage situation in the Sunnyside area and stressed to the applicant the need to be careful about the water run -off situation. However, Commission members felt the overall concept of the master plan was consistent with the Comprehensive Plan and were in favor of the proposal as long as all the reviewing agency comments were complied with. Upon motion made by Mr. Wilson and seconded by Mr. Thomas, the Commission voted unanimously to include the letter from Michael L. Bryan as part of the official record and file. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve MDP 4007 -97 of Westminster - Canterbury to develop a 48 -unit assisted living facility and 18 cottages /duplex units in two phases with the stipulation that all review agency comments are adequately addressed prior to final approval of the plan. (Note: Mr. Romine and Mr. Stone abstained from vote.) 0 DISCUSSION 1998 FREDERICK COUNTY COMPREHENSIVE POLICY PLAN Mr. Evan Wyatt, Deputy Planning Director, stated that Comprehensive Plans & Programs Subcommittee (CPPS) has completed work on the 1998 update of the Comprehensive Plan. Mr. Wyatt said that the staff desired an opportunity to discuss the revisions with the Planning Commission before it was scheduled for public hearing. Mr. Wyatt said that the amendments pertain to table and text amendments to six out of the ten chapters, which are a result of work between the CPPS and various departments and agencies. He said that the primary update is the inclusion of the Rt. 37 West Land Use Plan, which was adopted by the Board of Supervisors on October 7, 1997; and staff has improved the quality of mapping within the plan, utilizing the new graphic technology; all the maps have been presented within an AreView format. There were no outstanding issues of concern by the Planning Commission. Members of the Commission commented that the CPPS, along with the staff, had done a remarkable job on the Comprehensive Plan update. The consensus of opinion of the Planning Commission was for the staff to proceed with advertisement for a public meeting on adoption of the plan, as presented. • Frederick County Planning Commission Minutes of November 19, 1997 Page 123 -7- • Discussion Regarding Corridor Design Standards Status Mr. Evan Wyatt, Deputy Planning Director, presented the proposed development design standards that were previously submitted to the Commission at their meeting of October 15, 1997. Mr. Wyatt recalled that at the October 15 meeting, the Commission referred the standards back to the Development Review & Regulations Subcommittee (DRRS) due to comments received during the meeting from the development and design community. Mr. Wyatt said that the DRRS met with the development and design community on October 23 and after discussion, felt that the majority of the comments made were valid and that flexibility in design was a critical element to the process. Mr. Wyatt said that the DRRS recommended that the staff outline the comments received for the Commission, redraft language for those comments that were agreed upon, and request that the Commission determine what approach should be taken for the few standards in which a consensus was not reached. Mr. Wyatt then reviewed each of the specific sections identified with the Commission. Mr. Kit Moulden, appearing on behalf of the Top of Virginia Building Association, thanked the Commission and the staff for allowing time for discussions on the ordinance provisions to take place. Mr. Moulden said that at this time, the Top of Virginia Building Association is comfortable with the proposed amendments. The Planning Commission agreed with the revision to Section 165- 27E(4)(b) concerning raised islands, and they also agreed with the language in Section 165- 27E(4)(d) concerning the pedestrian walkway element. Regarding the setback for parking lots fronting on arterial roadways and major collector roadways, Mr. Wyatt said that the DRRS recommended a 30' setback, while the development community felt that • a 20' setback would allow flexibility to do enhancements. Members of the Planning Commission felt it would be short- sighted to reduce the requirement from 30' to 20', especially in consideration that these were major collector roads where there was a high potential for expansion and high volumes of traffic. They felt a need to look at this for the future as far as what the County anticipated developments to look like. Other members of the Commission had concern for the small property owner and increased Board of Zoning Appeals activity for exception requests. Two members of the community came forward to speak on this issue: Mr. Richard Hardison, owner of commercial property within the County, expressed concern about how this requirement would work in an area that is already partially developed or on properties with plans that have already been approved. Mr. Hardison said that it would create a "hodge - podge" of development with some sites using the old requirements and some using the new. Mr. James Emmart, with Emmart Oil Company, expressed concerns about how the amendments would effect retail establishments. Mr. Emmart felt the 30' proposed setback would drastically cut the useable size of a retail site and was not desirable considering that retail property today was very expensive. The Planning Commission agreed to allow for a provision to waive the 30' requirement under certain extenuating circumstances. They felt that doing so would offer some flexibility due to extenuating circumstances, but it would also leave a clear indication that the ordinance requirement is 30'. Continuing on through the design standards to the screening requirement between industrially- CI Frederick County Planning Commission Minutes of November 19, 1997 Page 124 lE • zoned properties and industrial parks, Mr. Wyatt said that the DRRS revised the text by adding the sentence: Industrial zoned properties that are located within an approved master planned industrial park shall be exempt from this requirement, if the adjoining property is also zoned industrial. The Planning Commission felt this revision was appropriate. Regarding tree plantings along the road, the Commission was in favor of the clustering concept with a minimum clustering spacing of 20' and they also preferred to determine the size and number of trees based on one per 30' of parking lot perimeter instead of one per 40'. The Commission agreed with the revision to Section 165- 27E(12)(c) to reduce the width of pedestrian walkways from eight feet to six. After discussion on the boulevard entrances, Section 165- 29C(1), the Commission still had concerns about this section. Uncertainties remained as to whether a minimum acreage should be established to meet boulevard entrance requirements or whether a trip generation factor should be used. Members felt that site design was involved and the boulevard entrances as proposed might suit some layouts and not others. Commission members felt this particular section needed to be refined and brought back again separately, so as not to delay approval of the design standards as a whole. The Commission had no outstanding concerns with Sections 165 -29D, Interparcel Connectors, and 165 -48.7, Utilities, as presented. Mr. Wyatt stated that with the exception of a couple comments and concerns, he felt the proposed design standards were in pretty good shape. Mr. Wyatt said that revisions would be made as discussed • and additional work with the designers will be done on the boulevard issue. Mr. Wyatt asked the Commission if they would prefer staff to bring the design standards back to the Commission for further discussion or public hearing. The consensus of the Commission was that the staff should advertise the design standards for the next available date for public hearing. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by Respectfully submitted, % is C. T e tary d--t' � Ld� Charles S. DeHaven, Chairman (Jr.) • Frederick County Planning Commission Minutes of November 19, 1997 Page 125