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PC_01-21-98_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 January 21, 1998. 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; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel, ABSENT: Robert M. Sager, Board Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; and Renee' S. Arlolta, Clerk. 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. Sanitation Authority (SA) - 01/20/98 Mtg. Mrs. Copenhaver reported that the SA reviewed the new Opequon Water Reclamation Facility Inter - municipal Agreement. She said that a draft of the agreement was sent to the Frederick County Board of Supervisors for their review and comments and the SA has reserved its approval until such time as the agreement is in final form. Mrs. Copenhaver said that the agreement is basically for the enlargement of the water treatment facility and sets forth who the recipients and payees are. Frederick County Planning Commission Page 156 Minutes of January 21, 1999 -2- 0 Winchester City Planning Commission - 01/21/98 Mtg. Mr. Ours reported that the Winchester City Planning Commission is working on the planned 64- unit apartment complex, which will be built adjacent to the Orchard Hill development on Cedar Creek Grade; and yesterday, they reviewed the preliminary subdivision plan for the extension of Stoneleigh Drive. Mr. Ours stated that there is some controversy because this would be built next to an existing neighborhood and would share an ingress /egress with the existing development. Of interest to the County, he noted that a landowner adjacent to that property, who has land that would be in the county directly across the line, offered his land yesterday as a site for a potential road that could be built down to Cedar Creek Grade. Mr. Ours said that the City Planning Director, Tim Youmans, has had discussions with Frederick County Planning Director Kris Tierney. Mr. Ours said that the Commission also approved a 120 - house/lot subdivision on Harvest Drive in Meadowbranch. He said that their final issue was the approval of rezoning to the new EIP (Education - histitution- Pubhc) Use Zoning, which permits schools, fire and rescue stations, cemeteries, parks, playgrounds, etc. Mr. Ours said that the new zoning includes many buildings owned by the County, as well as several County - owned schools. Mr. Ours added that this could potentially become an issue with the future plans of the School Board to replace the Robinson Elementary School. • PUBLIC HEARINGS Proposed Amendment to Article X, Business and Industrial Zoning Districts, Sections 165 -82.13, C, and D; Article IV, Section 165 -48.7; and Article XXI, Section 165 -145 of the Frederick County Zoning Ordinance to allow for "flex- tech" development within the B2, B3, and MI Zoning Districts of Frederick County. Action - Recommended Approval Mr. Eric Lawrence, Zoning Administrator, stated that the Development Review & Regulations Subcommittee (DRRS) has been working on an amendment to the Zoning Ordinance that would enable development proposals that include aspects of retail, manufacturing, wholesaling, and warehousing on a single site. Mr. Lawrence said that this development concept has been encouraged by the local development community and, in particular, the Winchester - Frederick County Industrial Parks Association (IPA). He added that the amendment has been termed "flex -tech' alter its flexible nature and its ability to accommodate a range of permitted uses. Mr. Lawrence next reviewed the amendment with the Commission. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. John Good, Jr., representing the Shockey Companies, felt the overlay of the proposed requirements would effectively kill projects or put them in a mode of constantly asking for changes, and would cause those prospects to locate elsewhere. He had the following numerous concerns: the 20,000 square foot Frederick County Planning Commission Page 157 Minutes of January 21, 1998 -3- • building limitation; the separation of automobile and truck traffic; the requirement for an approved master development plan; the requirement that loading bays not be visible from right -of -ways; the 120' rear yard setback; and that the zoning is to be determined by 75% of the establishment's use. Commissioner Morris, who is a member of the DRRS, said that the ideas of the IPA and a number of other business communities described themselves what they wanted to see in this ordinance. Mr. Morris stated that basically, the flex -tech is a cottage industry that has outgrown itself- - somehow the building, the storing, and/or selling of the product could no longer occur in someone's garage. He said that flex -tech offers a reasonable place in the County to carry on an expanding business. A question was raised concerning the 20,000 square foot limitation. Mr. Lawrence said that it is not the overall size of the building that is being regulated, but the size of the particular units within the building. Mr. Tierney remarked that the proposed amendments allow a mix of uses which are not currently permitted in the ordinance. He said that the flex -tech amendment will allow a blending of uses and accommodate a use type that isn't currently accommodated in the ordinance. Mr. Tierney stressed that the statement that this will in some way kill deals, is absolutely unfounded. Members of the Commission had no objections to the proposal and endorsed the proposed amendments as presented. 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 the Frederick County Zoning Ordinance to allow for flex -tech development within the B2, 133, and M 1 Zoning Districts with the utilization of performance standards to guide appropriate development scale and design. Master Development Plan #008 -97 for Autumn Wind Apartments by Greenway Engineering for the development of a 19 -acre tract, zoned RP (Residential Performance) and B2 (Business General) for 104 garden apartments with recreational amenities. This property is located on North Frederick Pike (Rt. 522 N.), 1/4 mile north of the Winchester City limits, and is identified with P.I.N. 53 -A -60 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, said that this item was tabled from the Commission's December 17, 1997 meeting. Mr. Wyatt said that the master plan has been revised to consider the entire 19 -acre tract of land, including both the 9.24 -acre RP tract and the 9.82 -acre B2 tract; whereas, at the previous meeting, only the 9.2 -acre portion was considered. He pointed out that both tracts are vacant in use. Mr. Wyatt continued, stating that at the December 17 meeting, the master plan did not conform to the County's density requirements or the environmental feature disturbance requirements. Subsequently, other alternatives 0 Frederick County Planning Commission Page 158 Minutes of January 21, 1998 4- • were discussed and pursued between the staff and applicant. He explained that those alternatives involved acquiring additional land, which permitted an overall gross density of 104 units; and revising the actual layout of the plan, which reduced disturbance of steep slopes from 50% to 16.6% and reduced the disturbance of woodlands from 61.5% to 18.5 %. Mr. Wyatt said that the proposal now meets ordinance requirements regarding density and disturbance of environmental features. Mr. Wyatt reported that access is proposed to align with an existing crossover on Route 522. He said that the applicant has also proposed to provide a connection to the Adelphia Cable parking lot, which would eliminate U- tuming movements for Adelphia Cable traffic exiting north. Mr. Wyatt added that since the applicant has incorporated the B2 portion of the property into this plan, the staff believes it is important that a narrative be added to the plan stating that the B2 tract is a part of the apartment complex. He said that it should not be allowed to be subdivided for other uses, such as another Adelphia Cable office or additional housing lots, etc. Mr. Mark Smith with Greenway Engineering, the design firm representing this master plan, requested that the narrative mentioned by the staff state that, "...the property could be subdivided if, upon review by the Planning Commission and Board of Supervisors, it was decided that the ordinances and the economic development in that area warranted it." Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Russell Hiett, adjoining property owner, was concerned about the surface water from the proposed apartments going into the drainage. He said that water on the other side of the hill comes down there also and has always been the source of a water problem. Commission members asked the staff for clarification on the narrative that was suggested to be placed on the master development plan concerning the B2 portion of the property. Mr. Wyatt explained that the project is at the maximum allowable density permitted under the ordinance for the 19 acres proposed. Mr. Wyatt said that the applicant is gaining the benefit of increased density by the additional 9.82 B2 acres, which are proposed for recreational amenities; therefore, the B2 acreage should not be permitted to be subdivided and/or sold for future development. Mr. Wyatt continued, stating that if the applicant wanted to pursue additional recreational amenities for the benefit of the apartment complex, there would not be a problem with that; but the staff would not want to see the nine acres converted into two -acre lots. Commission members inquired how this would affect expansion of the existing Adelphia Cable Office building. Mr. Wyatt responded that the existing building is on Parcel 60A, which has been subdivided off of this parent tract; therefore, expansion of the building could occur as long as setback requirements were met. Members of the Commission also raised the subject of the proposed 50' dedication on the eastern boundary line for a future road and inquired how the applicant envisioned that road to be used. Mr. Smith explained that when they first began to look at this property and had discussions with the adjoining property owners, they learned that this is one of the only access points for both the National Fruit property and Mr. Jerry Smith's property. Mr. Smith said that since the road will be dedicated for public use by the County, he felt it prudent to have it on the books, so to speak, and have it available for that future use. \J Frederick County Planning Commission Page 159 Minutes of January 21, 1998 -5- • Commission members had no other issues of concern. They were in agreement with the statement to be placed on the master plan concerning the B2 tract, and were satisfied that all other requirements could be met. 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 Master Development Plan #008 -97 of Autumn Wind Apartments by Greenway Engineering for the development of a 19 -acre tract, zoned RP (Residential Performance) and B2 (Business General) for 104 garden apartments with recreational amenities. This recommendation for approval is granted provided that the Planning Commission and Board of Supervisors agrees with the results of the tree survey conducted by the design engineer and that all staff comments, review agency comments, Planning Commission comments, and Board of Supervisors comments are adequately addressed. DISCUSSION REGARDING THE 1998 -1999 CAPITAL IMPROVEMENTS PLAN Mr. Evan Wyatt, Deputy Planning Director, presented the recommended draft of the 1998 -1999 Frederick County Capital Improvements Plan (CIP) to the Planning Commission for discussion. Mr. Wyatt stated that the Comprehensive Plans & Programs Subcommittee (CPPS) evaluated project requests provided by the Handley Regional Library, the Frederick County School Board, the Frederick County Department of Parks & • Recreation, the Regional Airport Authority, Frederick County Administration, and the Frederick County Public Works Department, and the end result is that 25 projects are proposed, of which five are new. Mr. Wyatt summarized the projects for the Commission. Commissioner Morris stated that members of the Planning Commission in Frederick County are fortunate to be able to review this document. He felt it was a real tribute to the County that the CIP is evaluated in temis of its comprehensive planning effort and that this was not the case everywhere in the State of Virginia. He pointed out that although the Planning Commission does not have budgetary authority for approval of the dollar amounts, the Commission does have an obligation to review the items in light of the Comprehensive Plan. In addition, Mr. Morris inquired about whether or not the regional airport projects, which included the expansion of roadways, runways, and development specifically associated with the acquisition of land and construction in the airport area, fit within the County's overall plans for that area. Mr. Wyatt responded that the Airport Support Area, within the Comprehensive Plan, contains statements of intent about protecting the integrity of the airport and its need to grow and expand. Mr. Wyatt confirmed that the proposed projects do indeed conform with the County's overall plan. Chairman DeHaven instructed the staff to proceed with arrangements for a public hearing on February 4, 1998. • Frederick County Planning Commission Page 160 Minutes of January 21, 1998 -6- 0 Mr. Tierney presented a tentative agenda for the Planning Commission's annual retreat scheduled for February 7, 1998. Mr. Tierney brought the Commission's attention to the last page which contained a list of projects that staff feels are priority work items for the upcoming year and he requested the Commission's input on that list. Mr. Tierney also asked for the Commission's input on scheduling a worksession with the Board of Supervisors and the consultants on the I -81 Study. Mr. Tierney said that a tentative date has been set for the Board's second meeting in February, which is the 25th. ADJOURNMENT 8:00 p.m. Respectfully submitted, • C. No further business remained to be discussed and the meeting adjourned by unanimous vote at Charles S. DeHaven, Chairman (Jr.) E Frederick County Planning Commission Minutes of January 21, 1998 Page 161