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PC_12-03-97_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 December 3, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John K Marker, Vice-Chairman/Back Creek District; Roger L. Thomas, Opequon District; and Richard C. Ours, Opequon District. STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Andrew D. Evans, Zoning Administrator; Eric R. Lawrence, Planner II; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - November 5, 1997 Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, the minutes of November 5, 1997 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of December 3, 1997 Page 126 -2- • COMMITTEE REPORTS Transportation Committee Mr. Wyatt reported that the Commonwealth Transportation Board approved the "No Through Truck Traffic" Policy for Tasker Road. Economic Development Commission Mr. Romine reported that at their next meeting, they will be ready to unveil the Industrial Services Directory and they will also be discussing the new Construction Services Directory. Winchester City Planning Commission Mr. DiBenedetto reported that the Winchester City Planning Commission's most recent project has been to address some of the rezoning concerns of the Winchester Medical Center; and apparently, there will be some concerns raised over taxes and the implementation of an interchange on Route 37. He also reported that • the Commission's worksessions have included discussions on implementing the EIP District, which was created earlier in the year, and the update of the Comprehensive Plan. PUBLIC HEARING Conditional Use Permit 9018 -97 of Thomas A. and Kim L. Hazard for the manufacture and assembly of magic props and furniture. The property is located at 949 Canterburg Road in Stephens City and is identified with P.I.N. 92 -A -72B in the Opequon Magisterial District Action - Recommended Approval with Conditions Andrew Evans, Zoning Administrator, read the background information and review agency comments. Mr. Evans said that the request is for a cottage occupation to assemble magic props and furniture in an existing barn building, which will have a 20' X 27' frame addition attached. Mr. Evans said that the applicant indicates there will be no employees. He stated that the site has high visibility from a number of adjacent properties and staff is recommending that all activity and storage associated with the use be within the building. He said that it did not appear that granting the permit would have a negative impact on the neighborhood. Mr. Evans read the four conditions recommended by the staff. Mr. Thomas A. Hazard, property owner and applicant, stated that he is proposing a small C J Frederick County Planning Commission Minutes of December 3, 1997 Page 127 3- • assembly business that he and his wife will be operating. Mr: Hazard felt it was a little extravagant for VDOT to require a curb and gutter entrance for the type of operation he was proposing. Commission members discussed VDOT's recommendation for a commercial entrance in light of the operation proposed by the Hazards and the staff's recommended Condition # 1, which stated that all review agency comments must be complied with. Commission members stated that the applicant has the right to work with VDOT to eliminate or reduce the requirement for a commercial entrance. It was noted that a commercial entrance does not necessarily mean a "curb and gutter paved entrance" into a property, but may simply involve a slight modification to the entrance onto the property. Commission members felt this issue needed to be negotiated between the applicant and VDOT and that Condition # 1 should remain as stated. There were no public comments. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #018 -97 of Thomas and Kim Hazard for a Cottage Occupation for the manufacture and assembly of magic props and furniture with the following conditions: 1. All review agency comments shall be complied with at all times. 2. All work shall be accomplished inside of the enclosed building. 3. No outside storage of materials, props, or furniture /fixtures. • 4. Hours of operation should be limited to the hours of 7:00 a.m. to 10:00 p.m. Rezoning Application #005 -97 of C. L. Robinson Corporation to rezone 26.895 acres from RA (Rural Areas) to RP (Residential Performance). This property is located at the west side of Merrimans Lane (Rt. 621) at Winchester & Western Railroad crossing and east of Route 37, approximately 1,100' South of Breckenridge Lane, and identified with P.I.N. 53 -A -88 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evan Wyatt, Deputy Planning Director, gave the background information and review agency comments for the rezoning application. He pointed out a revised comment from VDOT, dated November 5, 1997, which stated that the extension of Jubal Early Drive, as conceptually proposed, and resulting widening of Route 37, will have an.impact on the subject property. Mr. Wyatt said that the Frederick County Sanitation Authority has agreed to allow the City of Winchester to serve this area and staff has received a letter from the City's Public Utilities Director stating the City has a water and sewer distribution and collection system in close proximity that could serve the property upon the extension of lines to the parcel. Mr. Wyatt said that both the Fire & Rescue Department and the Parks & Recreation Department have raised a concern regarding the County's fiscal impact model and the net fiscal impact demonstrated by the model run. In addition, he said that the Public Schools have a concern about the impact this rezoning would have on future and existing school facilities and Frederick County Planning Commission Minutes of December 3, 1997 Page 128 4- • the Winchester City Planning Department has raised a concern regarding the potential for accidents at the Merrimans Lane/ Breckinridge Drive intersection. Mr. Wyatt stated that the applicant has proffered a monetary contribution consistent with the results of the Capital Facilities Impact Model, has proffered a maximum of 54 single- family detached residential lots, and has proffered a general development plan which demonstrates a phase plan. He said that this phase plan, as well as a consumer notification statement, to be placed on all subdivision plats, has been proffered to alert future lot purchasers of the Jubal Early Drive extension project. In summary, Mr. Wyatt stated that the proposed rezoning conforms to the requirements of the Comprehensive Policy Plan and the proffered density conforms to the requirements of the Zoning Ordinance. He said that the applicant's submitted proffer mitigates the negative impacts associated with capital costs and the possible extension of Jubal Early Drive; however, the staff is recommending that the applicant enhance the language within the "phasing section" by stating that the approval of subdivision plats or building permits be tied into a percentage of build -out or a future date. Mr. Wyatt presented a letter from Richard W. Pifer to the Commission in which Mr. Pifer expresses his concern with traffic associated with the proposed project. Commission members inquired if the County was legally tied to the existing impact model. Mr. Wyatt said that the Capital Facilities Impact Model is a fiscal impact management tool adopted by the Board of Supervisors which has been consistently used with rezonings and should be abided by until the Board of Supervisors advises the staff of a new model to be used. Mr. Jay Cook, legal counsel to the Planning Commission, agreed with Mr. Wyatt's statement. • Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineering firm for this project, presented the proposal to the Planning Commission. Mr. Gyurisin reviewed the proffers submitted indicating the monetary proffer amount of $3,910.03 per approved lot to be paid to Frederick County at the time of building permit application. Members of the Commission inquired if the water source to serve this property was the same water service access for the Route 50 corridor businesses that will ultimately serve Roundhill. Mr. Gyurisin replied that it was the same. Chairman DeHaven called for public comment and the following persons came forward to speak: Pastor Malcolm Vandereit, property owner to the north, inquired about what price range of homes the developer anticipated. Pastor Vandereit said that he was not opposed to residential rezoning, however, he was opposed to the density proposed. Mr. Robert Whitacre, Assistant Fire Chief at Roundhill Community Volunteer Fire Company, had concerns with the monetary amount proffered to fire and rescue services that was submitted with this application. Mr. Whitacre stated that the percentage amounts used to determine the proffers were based on 1990 fiscal impact figures and were far too low. He said that his company can not buy fuel and equipment in 1997 for what they paid in 1990. He felt that the percentage amounts designated to fire companies were too low when the impact model was originally developed in 1990. Mr. Whitacre requested that the Commission table the rezoning until the Board of Supervisors had an opportunity to revise the Capital Facilities Impact Model. L J Frederick County Planning Commission Minutes of December 3, 1997 Page 129 -5- Dr. James Dumont, resident across the road from Route 37 on Merrimans Lane, inquired if • Merriman Lane would be able to handle the increased traffic created by the additional homes. He said he was not opposed to residential rezoning, however, he was concerned that if the residential lots did not sell because of traffic problems, that the applicant may return to rezone the property for commercial use. Mr. Dan Redman, Rescue Captain with the Stephens City Volunteer Fire Department, came forward to voice his concerns about the 1990 Capital Facilities Impact Model. He stated that the 1990 figures used in the model were outdated and he was concerned that those figures were still being used to calculate emergency services impacts in 1997. Mr. Redman said that the amount proffered to Fire and Rescue for this development did not come close to covering its share of the operating and equipment costs associated with providing fire and rescue services. Mr. Redman requested that the Planning Commission table the rezoning until the impact model could be revised. Frederick County Fire Marshal, Mr. Douglas Kiracofe, came forward to also express concerns about what he believed were outdated figures used in the 1990 Capital Facilities Impact Model. Mr. Kiracofe stated that the Fire and Rescue Department's argument is not with the proposed rezoning, but with the process used to determine capital costs associated with the proposed development. He further stated that the Capital Facilities Impact Model should have been updated yearly. Mr. Kiracofe said that each time a rezoning is approved and impact is added to volunteer fire and rescue companies in Frederick County, the demand for services increases; however, the funding level remains stagnant. He said that the volunteers have to make up the monetary deficit and that's what hurts the volunteer system - -the hours we expect volunteers to spend at fundraisers to help pay for equipment. Mr. Kiracofe said that a Class A Pumper on the street today costs $110,000 more than it did on the day the Impact Model was adopted in 1990. • Mr. Gyurism came back to the podium to address some of the questions that were raised. Mr. Gyurisin said that the price range of the homes is anticipated to be comparable to the homes in the Woodside Estates subdivision. Regarding the monetary contribution to Fire and Rescue, Mr. Gyurisin stated that they have proffered an amount that is consistent with other rezonings that have been recently presented to the Commission. Mr. Gyurisin asked the Commission not to stop this rezoning process while the Commission and Board works out the differences in the impact model and the Fire and Rescue Department's concerns. As far as density and lot sizes were concerned, Mr. Gyurisin stated that the lot sizes in this development were consistent with those in the area. He added that the development will have curb and gutter and street lights. Members of the Planning Commission stated that it was difficult to ignore the proffer/ impact model issue when reviewing this rezoning. Everyone agreed that new developments should be mitigating the impacts they create; they also agreed that the impact model needed examination and brought current, however, they did not want to hold up the project under consideration while the County did the necessary work to update the impact model. Members of the Commission also stated that they would prefer a subdivision with streets, sidewalks, curbs, and lighting, such as this proposal, rather than simply a five -acre lot subdivision. Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission recognizes the funding problems the fire companies are experiencing with the proffer system and use of the current Capital Facilities Impact Model, however, the Commission does hereby recommend approval of Rezoning Application #005 -97 of C. L. Robinson Corporation to rezone 26.895 acres from RA (Rural Areas) to RP (Residential Performance) by the following majority vote: • Frederick County Planning Commission Minutes of December 3, 1997 Page 13( 6- • YES (TO APPROVE) Miller, Stone, Romine, DeHaven, Copenhaver, Light, Morris NO: Wilson (The following Commissioners were absent: Mr. Thomas, Mr. Ours, and Mr. Marker) Upon motion made by Mr. Wilson and seconded by Mrs. Copenhaver, the letter from Mr. Richard Pifer was made a part of the official record by unanimous vote. 1998 FREDERICK COUNTY COMPREHENSIVE POLICY PLAN Action - Recommended Approval Deputy Planning Director, Evan A. Wyatt, stated that the staff presented information to the Commission at their previous meeting that was prepared by the Comprehensive Plans & Programs Subcommittee (CPPS) dealing with the update of the Comprehensive Policy Plan. Mr. Wyatt said that the changes included table and text amendments, the conversion of maps, and the inclusion of the Rt. 37 West Land Use Plan. Members of the Commission had capacity questions on the public schools section which School • Superintendent, Thomas R. Malcolm, answered for the Commission. There were no public continents. Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1998 Frederick County Comprehensive Policy Plan. PRESENTATION OF SITE PLANS FOR ARMEL AND MIDDLETOWN ELEMENTARY SCHOOLS No Action Required Superintendent of Frederick Comity Schools, Thomas R. Malcolm, presented two sets of plans for additions to two elementary schools, Armel Elementary School and Middletown Elementary School. Mr. Malcohn stated that this expansion is designed to add capacity to both schools, increasing each from a 550 -pupil school to an approximately 745 -pupil school. He explained that the idea here is to add capacity strategically throughout the County in areas where population is growing the quickest and avoid building a new, additional school. Addressing the Armel Elementary School plan first, Mr. Malcolm said that the proposal is to add approximately 11,000 square feet, consisting of nine classrooms, related support areas, and a teachers' dining F- I L Frederick County Planning Commission Minutes of December 3, 1997 Page 131 -7- • area. Mr. Malcolm proceeded to review the Middletown plan, which was essentially the same. He said that both sites are large enough to accommodate the additions with appropriate entrances and parking spaces. The Planning Commission had no outstanding issues with the plans and gave the staff authority to administratively approve the plans when ready. DISCUSSION REGARDING FLEX -TECH AMENDMENTS Mr, Eric R. Lawrence, Planner II, presented the Flex -Tech amendments as recommended by the Development Review & Regulations Subcommittee (DRRS). Mr. Lawrence stated that the flex -tech use would be implemented through a master development plan and would be provided within the B2, B3, and M 1 Zoning Districts with performance standards. Mr. Lawrence stated that a concern raised just recently by one of the area development firms was that the flex -tech use should be driven strictly by the market and they wanted the flexibility to build a shell building for use by either all retail or all manufacturing clients, whichever the market dictated. Commission members who were on the DRRS recalled that this issue of concern was primarily from the 132/ B3 general business people who wanted this flexibility; the industrial representatives did not want a group to come into an industrial park and become, for example, totally B2. Mr. Lawrence reviewed the performance standards, beginning with building requirements and • proceeding to site layout requirements and buffer and screening requirements. He said that the text is consistent with what the DRRS reviewed on November 13, except for the possible waiver for loading bays. He explained that this issue was raised by a development firm concerned with the difficulty in hiding a loading bay, if the property was surrounded on all sides by streets. Mr. Lawrence said that the staff provided language for a waiver of the requirement, if the Commission felt it was warranted after reviewing the situation. The Planning Commission was comfortable with the amendments as proposed and instructed the staff to proceed with advertising for public hearing. OTHER VIRGINIA CERTIFIED PLANNING COMMISSIONER'S PROGRAM Chairman DeHaven reminded the Commission of the upcoming session of the Virginia Certified Planning Commissioner's Program beginning on March 2 - 3, 1998 with the closing session being held on May 14 - 15, 1998. Chairman DeHaven encouraged members of the Commission to take advantage of this worthwhile program, if they hadn't already done so. • Frederick County Planning Commission Minutes of December 3, 1997 Page 132 -8- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by unanimous vote. Respectfully submitted, � a is C. Ti e etary r' L, ' j � b 0-- -- Charles S. DeHaven, Chairman (Jr.) • • Frederick County Planning Commission Minutes of December 3, 1997 Page 133