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PC_12-17-97_Meeting_Minutes• MEETING 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 December 17, 1997. PRESENT: Charles S. DeHaven Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George L. Routine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Terry Slone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Planning Director; and Renee' S. Arlotta, Clerk. E CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 12/08/97 Mtg. Mrs. Copenhaver reported that the CPPS finalized the Capital Improvements Plan. • Frederick County Planning Commission Minutes of December 17, 1997 Page 134 2- • Historic Resources Advisory Board (HRAB) - 12/16/97 Mtg. Mr. Morris reported that there were approximately 30 attendees, made up of staff, committee members, news media, and others, at the HRAB meeting to review two rezoning requests: the first, consisting of 63 acres located on Shady Elm Road and Apple Valley Road, behind G.E., of which a portion is adjacent to the Kemstown Battlefield; the HRAB felt the viewshed should be maintained to the extent possible (Pritchard's Hill) out over the northern end of that property; and, the second rezoning, Carriebrooke, located at Rt. 37 and Rt. 642, behind the Frederick County water tower, contains some redoubts and a historic house; the HRAB felt the house was far beyond saving, but the redoubts should be maintained. Economic Development Commission (EDC) business. Mr. Routine reported that the Commission is updating budgets and miscellaneous year -end Joint Frederick County - Stephens City Planning Committee is Mr. Tierney reported that a representative from the Commission on Local Government was present at the last meeting to discuss the various alternative means of annexation and it was a fairly informative meeting. Sanitation Authority - 12/16/98 Mfg. Mrs. Copenhaver reported that repair work on manholes and lines in the Fredericktowne area is almost complete. She said the Westmoreland Drive work will begin in January. PUBLIC HEARING Proposed amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165 -23, Setback Requirements; Section 165 -27, Off - Street Parking; Parking Lots, Section 165 -29, Motor Vehicle Access; Section 165 -30, Signs; Section 165 -35, Nuisances; Section 165 -47, Landfills, Junkyards, Trash Disposal and Inoperable Vehicles; and Section 165 -48.7, Utilities; and Article XXI, Definitions, of the Frederick County Code. • Frederick County Planning Commission Minutes of December 17, 1997 Page 135 -3- • Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the amendments proposed establish development design standards that are intended to enhance the quality of development projects. Mr. Wyatt stated that the Commission has been involved with this discussion since April of 1997 and the Commission has also had the opportunity to discuss several revisions as a result of staffs continuing work with the Development Review & Regulations Subcommittee (DRRS) and the development and design community. Mr. Wyatt singled out two items that were the result of the Commission's last discussion: 1) the boulevard entrance design standards; Mr. Wyatt said that a meeting was held with several local engineers representing several of the design firms in the community and the conclusion drawn was that several things needed to occur, potentially some at the Comprehensive Planning level, before all those involved would feel comfortable proposing an ordinance for the Commission and the Board's action. Mr. Wyatt advised that as a result, this section has been removed from the presented text with the understanding that work will continue. Proceeding to the other key item, 2) the setback for parking lots for lots that have frontage on arterial roadways and major collector roadways; Mr. Wyatt said that the proposed text shows the 30' setback; it provides for a 20' setback (a 10' reduction) provided certain design elements are in place; and, it adds a waiver potential for the Planning Commission to accommodate unique situations, such as parcel redevelopment or an undeveloped parcel that is legally platted which cannot meet the setback requirements. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Jim Emmart, speaking on behalf of the Northern Virginia Petroleum Drivers Association, whose membership includes Bauserman Oil Company, Emmart Oil Company, H. N. Funkhouser, J. D. Glover • & Sons, Kremer Oil Corporation, L. J. Wright, Mercer Oil Company, Quarles Petroleum, Skyline Oil, and Southern States, apologized for coming into the amendment discussions so late; however, he said that due to the massive changes which they feel are occurring in this proposal and their lack of understanding of them, the Northern Virginia Petroleum Drivers Association feels they need to be in objection to several of the proposed amendments, specifically: parking, entrance setbacks, petroleum pump setbacks, mounded perimeters, and sign reductions. No other public comments were made. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165 -23, Setback Requirements; Section 165 -27, Off -Street Parking; Parking Lots, Section 165 -29, Motor Vehicle Access; Section 165 -30, Signs; Section 165 -35, Nuisances; Section 165 -47, Landfills, Junkyards, Trash Disposal and Inoperable Vehicles; and Section 165 -48.7, Utilities; and Article XXI, Definitions, of the Frederick County Code. These proposed amendments establish development design standards that are intended to enhance the quality of development projects. • Frederick County Planning Commission Minutes of December 17, 1997 Page 136 -4- • Proposed Amendment to the Frederick County Comprehensive Policy Plan to expand the Frederick County Urban Development Area (UDA) to include a 42.5 acre tract of land located south of Fairfax Pike (Rt. 277) and east of Double Church Road (Rt. 641). Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans & Programs Subcommittee (CPPS) received a request from Mr. Douglas W. Harold, Jr. to expand the Urban Development Area (UDA) to include a 42.5 -acre tract owned by Preston E. Conner, Sr., Estate. He said that the property is located on the east side of Double Church Road (Rt. 64 1) and adjoins the Sherando High School tract along its eastern property line. Mr. Wyatt said that the site is in close.proximity to South Warrior Drive; however, access at this time is via Brandy Lane, which is a private drive. Mr. Wyatt said that several areas of concern were raised by the CPPS: 1) expansion of the UDA south of Rt. 277, as well as east of Double Church Road (Rt. 641); 2) if the line was expanded and the property was developed at a higher density than what was allowed in the RA Zoning District, it would exacerbate an already existing traffic congestion problem; and, 3) uncertainty of adequate capacity for both sewer and water to serve this area. Mr. Wyatt said that the CPPS's final recommendation was that the UDA should not be expanded at this time, primarily because of the traffic impacts. Mr. Wyatt reviewed a letter from the Frederick County Sanitation Authority (FCSA) in which the FCSA stated that they would be able to provide sewer and water to the designated area with no adverse impacts to their system; and secondly, the sewer service could be pumped to the north, to the west, or in both directions without increasing line sizes, however, if pumped to the north, the pump station would need to be • upgraded. Commission members asked the staff for the closest point of the Agricultural and Forestal District (A &FD). Using a map, Mr. Wyatt pointed out the location of theA&FD on the Racey Tract and along Double Church Road, and on the Wymer tract. Mr. Wyatt said that the A &FD does not abut the 42 -acre tract, but is certainly in close proximity. Mr. Douglas W. Harold, Jr., the trustee of the 42.5 -acre plot of land, stated that this particular tract of land was much larger; he said it used to contain the land where Sherando High School is located. Mr. Harold said that a guaranteed access exists down Warrior Road pursuant to the deeds of the Sherando High School property, for whatever development may take place in the future. He said that the property is currently limited to agricultural use, however, north of this land is both residential and commercial development. Mr. Harold stated that if the land remains in agriculture zoning, it will be of limited value to the trust he represents. He further stated that there is access to the water and sewer service provided to Sherando High School, which is consistent with the contracts executed at the time the Sherando High School property was sold. Members of the Commission asked if improvements to Warrior Road were part of the access agreement. Mr. Harold stated that no provisions for improvements were included in the contracts; however, if improvements were necessary, he would be prepared to proffer them. Commission members inquired if Warrior Road would be the primary means of access and egress for a proposed development and Mr. Harold replied that it would. Mr. Harold added that Brandy Lane is a gravel drive naming along the southern portion of the land; however, it may be possible to gradually improve Brandy Lane as part of a proposal. • Frederick County Planning Commission Minutes of December 17, 1997 Page 137 -5- Chairman DeHaven called for public comment and the following people came forward to speak: • Mr. John Stelzel, Vice President of the Frederick County Farm Bureau and President of the North Valley Agricultural Issues Association, came forward to speak in opposition to the request on behalf of these two organizations and himself. Mr. Stelzel stated that the Farm Bureau recently passed a resolution, which will be presented to the County early in 1998, requesting buffer placement between rural and residential areas as new developments are created. In defense of having this land remain in agricultural use, Mr. Stelzel said that rural land pays its own way in the County, by providing the County with tax dollars and requiring very low service costs, as compared to residential areas. Mr. Stelzel stated that this area is lacking in the necessary infrastructure to handle more residential development. Mr. Ed Hamilton, resident on Double Church Road, stated that during high school sporting events at Sherando, there is a terrible traffic problem that extends all the way back into Stephens City and all the way down onto the other side of Rt. 277. Mr. Hamilton expressed his concerns about increased traffic problems that would come with future development and the availability of water and sewer. Mr. Herbert Painter, resident on Route 641 below Woodside Estates, stated that he was opposed to the expansion of the UDA, primarily because of the traffic situation. Ms. Loretta Wymer, resident on Double Church Road (Rt. 641), asked if any of the Wymer property would be placed in the UDA. Ms. Wymer stated that if sewer is extended through there, she would be charged for it, even though she did not need it. She added that Mr. Conner told her before he died that he had seen to it that his land would not be developed for ten years. • Mr. Harold returned to the podium and stated that he has the responsibility, as trustee of this property, to ensure that the land, placed in trust many years before he met Mr. Conner, had the opportunity to acquire its greatest and highest potential financial value. Mrs. Sarah Stelzel, resident on Grim Road (Rt. 640), asked the Commission to stand by their long -range plans and not extend the UDA. Ms. Stelzel said that there is a significant amount of existing land in the UDA that can still be developed. She said that as a resident along that road and someone who will be impacted by the proposed development, she was opposed to the request. Members of the Commission believed that the only reason to extend the UDA would be because there was not enough land in the existing UDA to meet development needs, and this wasn't the case in this particular situation. They also had strong concerns about the traffic situation and how it would be further impacted if this area was developed. Members of the Commission believed that additional land should not be developed until the infrastructure was available to support it. They expressed concern about the impacts to schools, fire and rescue services, police services, and the lack of existing infrastructure; and they were opposed to expanding the UDA at this time. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the request by Douglas W. Harold, Jr. to amend the Comprehensive Policy Plan to expand the Urban Development Area to include a 42.5 -acre tract owned by the Preston E. Conner, Sr., Estate. 40 Frederick County Planning Commission Minutes of December 17, 1997 Page 138 6- • (Mr. Stone was absent from this meeting.) PUBLIC MEETING Consideration of a request by Mr. Jim Petry, Vice President of Development for JASBO, Inc. to extend sewer service beyond the Sewer and Water Service Area to the Whitfield Subdivision. This property is located on the east side of Double Church Road, approximately one mile south of Fairfax Pike. Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request from Mr. Jim Petry, Vice President of Development for JASBO, Inc. to allow for the extension of sewer service from the Sewer and Water Service Area (SWSA) to the Whitfield Subdivision. Mr. Wyatt said that Mr. Petry advised the CPPS that the subdivision is experiencing failing drainfield systems and that perk sites for undeveloped lots cannot be achieved; therefore, extending service would be the only option for developing the platted, undeveloped lots. Mr. Wyatt said that the CPPS acknowledged the fact that limited capacity sewer has been extended outside of the SWSA on occasions; however, this was done to accommodate existing industrial, business, or institutional uses. He said that the Committee believed there was not a compelling reason to extend sewer service at this time and stated that they did not want to set a precedent to extend sewer service outside of • the SWSA for uses other than those just mentioned. Mr. Mark Smith, the project design engineer with Greenway Engineering, stated that the lots were recorded in 1968. Mr. Smith said that the Health Department has determined that the soils in this area are not able to perk. He said that because of the close proximity of sewer in the Woodside development, it is now technically feasible and reasonable in cost to develop these lots. Mr. Smith said that the force main will be extended all the way back through the subdivision, so that any homeowner that needs to hook on can do so. Mr. James Petry, representing JASBO, Inc. and Mr. Bowman in this request, said that JASBO owns seven lots in Whitfield Subdivision. Mr. Petry said that they are not asking for anything new; they just want to fmish a project that began 30 years ago. He said that perk sites could not be found a long time ago and he had the Health Department check again as recently as five or six years ago. He said that the Health Department has determined thatperk sites arejust not available in that subdivision. Mr. Petry said that they were told that there are systems in the subdivision that are not functioning properly. He said that if this is so, the situation can only get worse. Mr. Petry said that he was proposing a new service for their seven -lot purposes; but, in doing so, they were making available a solution to a potential problem down the road. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Herbert Painter, resident on Double Church Road, was opposed to the request. Mr. Painter said that his biggest concern was the precedent this would set for future extension requests and even more development. • Frederick County Planning Commission Minutes of December 17, 1997 Page 139 -7- Mr. Edward Hamilton, resident in Whitfield Subdivision, was concerned that the developer • would put multi - family units on the remaining seven lots, if public sewer was available. Mr. Hamilton also inquired who would be would be responsible for paying for running the sewer line underneath the road. Mr. John Stelzl, Vice President of the Frederick County Farm Bureau and President of the North Valley Agricultural Issues Association, came forward to speak in opposition to the request on behalf of these two organizations and himself. Mr. Stelzl believed that granting this extension would set a precedent for future development. He said that he was sympathetic to the homeowners who were having problems with their systems, but he was not in favor of granting the request for the seven remaining, undeveloped lots. Mrs. Sarah Stelzl, area resident and property owner, asked if the request was on behalf of the homeowners who were experiencing septic problems or if the request was simply so the remaining undeveloped lots could be developed. Mrs. Stelzl said that if there are people with failing septics and there is an unhealthy situation, that was one issue to be dealt with; however, if the applicant was speaking of extending sewer to double the number of homes, then she felt that was an entirely different matter. Mr. Petry and Mr. Smith returned to the podium. Mr. Petry stated that his desire was to finish this project and make use of seven platted, vacant lots which have incurred taxes for the past 30 years. Mr. Petry said that they would gladly make the sewer line available to others in the subdivision. Mr. Smith said that the force main and crossings would be paid for by Mr. Petry and his organization and the individual grinder pumps would be paid for by the homeowners. He said that a typical grinder pump will cost about $3,000.00, the installer fee would be about $3,000.00, and the Service Authority's tap -on fee is about $2,065.00. Most of the members of the Commission were not in favor of extending the SWSA simply to • develop the remaining seven lots in the Whitfield Subdivision, especially because of the precedent it would set in that area for more development to occur. On the other hand, a few Conunission members believed that the opportunity should be seized to fix the failing septic problems of area homeowners. These Commissioners felt that the system could be designed for a two -inch force main and certainly contain restrictions that no connection past the existing development could ever occur. A motion for denial was made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the request by Mr. Jim Petry, Vice President of Development for JASBO, Inc. to extend sewer service from the Sewer and Water Service Area to the Whitfield Subdivision by the following majority vote: YES (TO DENY THE REQUEST) Ours, Wilson, DeHaven, Marker, Copenhaver, Light, Morris NO: Thomas, Romine (Note: Mr. Stone was absent from the meeting.) • Frederick County Planning Commission Minutes of December 17, 1997 Page 140 -8- • Master Development Plan #1008 -97 for Autumn Wind Apartments for the development of a 9.24 -acre tract for 92 garden apartments with recreational amenities. This property is located at Route 522, North Frederick Pike, 1/4 mile north of the Winchester City limits behind the Adelphia Cable Office and is identified with P.I.N. 53 -A -60 in the Gainesboro Magisterial District. Action - Tabled for 30 Days Mr. Evan A. Wyatt, Deputy Planning Director, stated that the proposal exceeds the ordinance's density requirement by one unit; access is proposed through a median crossing to the northeast; and the proposed layout far exceeds the ordinance's maximum disturbance allowance of woodlands and steep slope areas. Mr. Wyatt said that staff met with the design engineer and walked the site to inventory the woodlands. The design engineers and the developer have met with staff to study possible options. Mr. Wyatt said that the Commission may want to table this application to allow more time for the staff to work with the applicant to determine what options are available. Mr. Mark Smith, design engineer with Greenway Engineering, stated that the density issue is not a problem, they will make this a 91 -unit project, instead of a 92 -unit project; and the access is workable with VDOT, by either using the Adelphia Cable entrance or the Star Fort Estates crossover. Mr. Smith next discussed the tree save issue in relation to this site. He explained that this is a ten -acre site with mature and secondary tree growth and according to ordinance requirements, they are only permitted to develop 2' /z acres. Mr. Smith said that works out to be a 75% tree -save ordinance. Mr. Smith proceeded to show slides indicating the make -up of the site and how they would have to develop the site under the ordinance. He felt the ordinance needed to be looked at in regards to a "tree quality" issue. • Mr. Kenneth Memer with National Housing Corporation, the developer, said that his company is an apartment development company and they develop, construct, and manage all of their own apartment projects throughout the country. Mr. Memer described some of the amenities and landscaping that are planned for the site. Mr. Merrier expressed his company's concern for a timely approval due to financing. Commission members recognized there may be a shortfall in the ordinance regulations and that this section will need to be re-examined. In the meantime, members of the Commission agreed to table the master plan so that the staff and applicant could see what options were available to pursue. Members of the Commission recognized that an upscale apartment complex, such as the one proposed, is a desirable commodity for a particular segment of the community. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that MDP 4008 -97 of Autumn Wind Apartments be tabled for 30 days in order for the staff to work with the applicant to determine what alternatives are available to develop the property under zoning ordinance regulations. Frederick County Planning Commission Minutes of December 17, 1997 Page 141 -9- • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by Respectfully submitted, r 'Ydl's C. T' rn c ary a Charles S. DeHaven, Chairman (Jr.) E 0 Frederick County Planning Commission Minutes of December 17, 1997 Page 142