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PC_03-04-98_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 March 4, 1998. PRESENT: Charles S. DeHaven Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; George L. Romine, Citizen at Large; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; and Jay Cook, Legal Counsel, ABSENT: Robert A. Morris, Shawnee District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF THE JANUARY 7, 1998 MEETING Chairman DeHaven said that the minutes of the January 7, 1998 meeting need to formally designate the Commission's regularly scheduled meeting nights, which are the first and third Wednesdays of each month at 7:00 p.m. in the Board of Supervisors meeting room. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of January 7, 1998 were approved with this correction. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of March 4, 1998 Page 170 - • Development Review & Regulations Subcommittee (DRRS) - 02/26/98 Mtg. Mr. Lawrence reported that the DRRS is continuing their work on the woodlands preservation Issue. Joint Frederick County- Stephens City Planning Committee - 02/24/98 Mtg. Mr. Thomas reported that the Joint Committee discussed the process for boundary readjustment and also a proposed groundwater protection ordinance for around the quarry to protect the water supply. PUBLIC HEARINGS: Rezoning #001 -98 of Eastgate Commerce Center by Wrights Run, Limited Partnership, to rezone 82.1723 • acres from RA (Rural Areas) to Ml (Light Industrial). This property is located on the south side of Tasker Road (relocated Rt. 642) and is identified with P.I.N.s 76 -A -53 and 87 -A -17 in the Shawnee Magisterial District. Action - Recommended Approval with Comprehensive Proffer Statement Document & Map Mr. Evan A. Wyatt, Deputy Planning Director, pointed out on a map display the Eastgate Commerce Center properties, which are zoned MI, B3, and B2, and explained that these properties are the result of several rezonings which have occurred since 1991. Mr. Wyatt said that there are approximately 82 acres remaining within the parent tract and this contains a five -acre tract in its center, which is owned by Mr. and Mrs. See and is used for residential purposes. Mr. Wyatt noted that the five -acre tract is included within the rezoning application. Mr. Wyatt stated that there are two primary impacts associated with the proposed rezoning - -one is the transportation and traffic, and the second is the impact on emergency services. Mr. Wyatt stated that the staff anticipates a 30% increase in total traffic in this total network area, which includes the Rt. 522 South and Tasker Road area. He said that the Capital Facilities Impact Model demonstrated a negative fiscal impact to fire and rescue services, but did not demonstrate a negative impact to schools or parks and recreation. Mr. Wyatt said that the applicant has offered a proffer statement proposed to mitigate the negative impacts to the transportation system, as well as fire and rescue services. Mr. Wyatt said that staff feels the proposed application is consistent with the policies stated in the Comprehensive Policy Plan; however, staff recommends that the applicant prepare a comprehensive proffer is Frederick County Planning Commission Minutes of March 4, 1998 Page 171 3- statement document and map which depicts the entire acreage of the Eastgate Commerce Center and provides • a relational data description for each area that has been rezoned since 1991. Mr. Wyatt advised that this information is necessary to ensure the tracking of the various proffers that have been approved since 1991. Mr. Wyatt summarized by saying that the staff feels the applicant has adequately mitigated the proposed impacts associated with this rezoning and the staff recommends approval of the application contingent upon receipt of the comprehensive proffer statement document and map. Mr. Charles W. Maddox, Jr. and Mr. Stephen M. Gyurisin, both from G. W. Clifford & Associates, Inc., the design engineering firm, were present to represent this rezoning application. Mr. Gyurisin said that they will provide the comprehensive proffer statement document and map requested by the staff. Mr. Gyurisin stated that when the B2, B3, and M 1 zoning was originally applied to the Eastgate property, Route 642 was only in the design stage; and, in 1997, they adjusted the rezoning because Route 642 had been constructed. He continued, stating that two industries, Jouan, Inc. and Special Made, located here and are situated on 40 acres of the M 1 -zoned land. Mr. Gyurisin said that they are asking for additional M l land to add to their depleted inventory. Chairman DeHaven called for public comments and the following people came forward: Ms. Bonnie Baker, resident across Route 522 from the Eastgate Center, was concerned about the development that is occurring at this location. She inquired if the applicant was proposing a large distribution center, such as the Family Dollar facility on Route 522 near Front Royal. She was also concerned about what was proposed for the property between Route 522 and the area requested for rezoning, and what type of visual road appeal would result. Ms. Baker also commented that the rezoning sign had been placed about two - tenths of a mile off Route 522; so if residents in the area did not happen to drive on Taskcr Road, they would probably • not be aware of the rezoning. Mr. Robert Pownall, resident approximately two miles on the other side of Route 522, was dismayed that Special Made had located so close to the road. Mr. Pownall was concerned about visual appeal and preserving the view of the mountains and beauty of the area. He wondered if the applicant had an intensive use planned for the area, since they were asking for the M 1 zoning. Ms. Georgia Rossner, area resident, was concerned about placing industrial uses in the middle of residential uses. Ms. Rossner said that Mosby Station will now be sandwiched between two industrial areas and the schools will be isolated on the other side. A member of the Planning Commission asked how the traffic signalization is phased and what warrants a signal. Mr. Gyurisin replied that the signalization of Routes 522 and 642 were proffered back in 1991 and again during the recent rezoning adjustment. He said that at the time, they essentially stated that within a certain time of being notified by VDOT, the signal would be put in place by Eastgate. He said that the phasing of the other signals, however, are dependent on the uses that come into the park itself. Mr. Gyurisin added that VDOT uses a list of warrants to determine if a traffic signal is needed. Commission members felt the rezoning was consistent with the Comprehensive Plan and that die proffers submitted would mitigate negative impacts; and, upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • Frederick County Planning Commission Minutes of March 4, 1998 Page 172 4- approval of Rezoning Application #001 -98 of Eastgate Commerce Center by Wright's Run Limited Partnership • to rezone 82.1723 acres from RA (Rural Areas) to Ml (Light Industrial) with the proffers submitted and contingent upon receipt of the comprehensive proffer statement document and map as defined by the staff. Rezoning Application #002 -98 of Tasker Road and Warrior Road Commercial by Fred L. Glaize, II and JASBO, Inc. to rezone 38.1979 acres from RP (Residential Performance) to B2 (Business General). This property is in the Opequon Magisterial District and is located at the intersection of Tasker Road (relocated Rt. 642) and proposed Warrior Road, and is located approximately 1,000' + west of the Tasker Road/Warrior Road intersection, along the north side of Tasker Road. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that the property consists of approximately 329 acres zoned RP and within this acreage, the applicant is requesting to rezone four portions, consisting of 38 acres, to 132 (Business General). Mr. Wyatt said that the property is within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) and all four portions have frontage along Tasker Road. He reported that staff has identified two potential impacts: traffic and impacts to emergency services. Continuing on, Mr. Wyatt summarized the proffers submitted by the applicant: 1) to prepare individualized traffic impact studies for review by VDOT during the site plan process; 2) to construct road improvements as VDOT deems them to be warranted; and, 3) submission of a monetary contribution for Stephens City Fire & Rescue, which is consistent with the impact model run. • Mr. Wyatt pointed out that there is a significant amount of land within the proximity of this acreage that is already developed as residential or planned for future residential, however, there are virtually no commercial services available for these areas. Mr. Wyatt said that staff believes it is good planning to provide these services within the proximity of residential areas to provide opportunities for access, employment, and convenience, as well as to reduce the impacts to the overall transportation system; and, therefore, the staff believes the 132 Zoning would be appropriate. Mr. Wyatt advised that based on compatibility with the existing residential land use, staff feels that B Zoning would be more appropriate for the smaller, 2%2 acre parcel located 1,000' west of the Tasker Road/ Warrior Road intersection. He said that the floor to area ratio is less, the uses are not as broad, and it would be more compatible with the existing residential area. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this project, said that the area within and around the proposed Tasker and existing Rt. 642 intersection is a very intense traffic area and not suitable for residential use. Mr. Maddox felt it was important to proceed with changing the zoning before intense development occurs around the intersection; he said it would provide convenience retail items reasonably close to people's homes and will assist in providing a solid tax base, creating a more affordable life style. Chairman DeHaven called for public comments and the following persons came forward: Mr. David W. Williams, resident at Frederick Woods, brought the Commission's attention to the intersection of Aylor Road and Route 642; he said the road descends towards the intersection and vehicles traveling east towards the intersection are blinded by sunshine. In addition, Mr. Williams preferred that all the E Frederick County Planning Commission Minutes of March 4, 1998 Page 173 -5- commercial area be concentrated in one area, rather than having a smaller B2 portion isolated by itself near the intersection. He said that this intersection is becoming increasingly congested and primarily consists of residential traffic. Mr. Larry C. Graham, resident on Macedonia Church Road, expressed concern that the adjoiner notification letter identified the proposed rezoning as a single property consisting of 38 acres. He felt the notification and the newspaper ad was misleading because it did not let everyone know that there were four separate areas involved in the rezoning. Mr. Graham was also interested to know whether the applicant had combined the undeveloped 2.9 acres in Mosby Station, Phase I, originally designated for eight residential units, together with the proposed B2 area, in order to get a larger commercial property. Mr. Graham had additional concerns about the traffic and the fact that the proposed commercial area was less than a quarter of a mile from what, he believed, was the most dangerous intersection in Frederick County. Mr. Ronald R. Paul, resident at 214 Laurel Hill Drive in Wakeland Manor, was opposed to the requested B2 rezoning. Mr. Paul felt the commercial zoning would have an adverse effect on his property and the surrounding neighborhood. He said that the residents of Wakeland Manor, Frederick Woods, and Mosby Station are opposed to rezoning to B2 and have submitted a petition with 236 signatures. Mr. Paul said these area residents do not feel a commercial area is needed, nor do they want it. Mr. Paul said that area residents objected to the increased traffic congestion and truck deliveries at all hours, which will be disruptive to the neighborhood. Mr. Paul continued, stating that the Jamesway Shopping Center, with its various retail services, is no more than 2'/: miles from any of these housing developments. Mr. Jack Lowe, resident of Frederick Woods, also addressed the smaller, 2'/: -acre portion proposed for B2 zoning; he said the property is on a curve, the sight distance is very poor, and it is only a short • distance from a dangerous intersection. He said he sees quite a few automobile accidents there. Mr. Lowe asked the Commission to let this area remain residential, and add 2%: acres to the other larger proposed commercial area further east on Tasker Road. Mr. Robert Powmall, area resident, asked the Commission to consider locations in the area that are already zoned for commercial, but remain vacant. Mr. Pownall said the Jamesway Plaza was conveniently located to meet everyone's needs. He also preferred B 1 zoning, rather than B2 for the smaller, 2'h -acre portion. Mr. Barry Hockenberry, resident of Wakeland Manor, echoed Mr. Paul's comments that the majority of the residents feel that retail establishments are conveniently close by and they would prefer that the character of the neighborhood remain residential. Ms. Judy Whitmire, resident along Tasker Road, stated that six months ago, it was agreed that tractor trailer traffic should be restricted along Tasker Road. She said that it is very dangerous from 1 -81 to the intersection of Aylor Road and the roads are not designed for business traffic. Ms. Whitmire stressed that this is a very populated area and she was very concerned about safety. Ms. Georgia Rossiter was concerned that the decision to rezone the property had already been made, no matter what the desires of the area residents. Mr. Stephen Ritter, resident of Wakeland Manor, commented that he thought he was moving to a rural area; he did not realize he was moving into a pre - planned master plan with hundreds of homes and commercial areas. Mr. Ritter said that he works with the Stephens City Fire & Rescue Department and he • Frederick County Planning Commission Minutes of March 4, 1998 Page 174 N believed this commercial area would create another problem intersection. • Questions from the Commission concerned the type of infrastructure planned to ease traffic flow and protect pedestrians; whether the Sherando Bicycle Path would be extended this far north; and why the applicant objected to the smaller, 2Y2-acre parcel being zoned BI rather than B2. Responding to the Commission's questions, Mr. Maddox said that plans for the area include the widening of streets, installation of curb and gutter, sidewalks, and buffering and screening. Mr. Maddox stated that they preferred to have the option of some B2 uses for the smaller area because of the limitations of the residential setback to the rear. a road efficiency setback on the front, and a single, commercial entrance onto Tasker Road. Mr. Wyatt added that the bicycle path approved under ISTEA funding would not be extended this far north; however, there were plans to make a bicycle path available along the future extension of Warrior Road. The consensus of the Planning Commission was that the location proposed for B2 zoning was appropriate and that a commercial area was needed at this location. The basis for this endorsement was the location of the proposed B2 area at the intersection of two four -lane roads; and, that a commercial area here would reduce the amount of vehicular traffic on Routes 647 and 277 traveling to nearby commercial areas. Commission members commended the developer for having the foresight to plan and request the commercial zoning before the surrounding residential area was developed. They believed that utilization of the County's newly adopted "Design Standards" would help to create an attractive commercial development. Commission members stressed the need to ensure that the commercial area was designed to be "user - friendly," utilizing sidewalks/bike paths, curb and gutter, etc. at the master plan stage. It was pointed out that some members of the public presumed that if the property was not rezoned to commercial, it would be developed as single- family residential. Commissioners felt single - family use would be inappropriate; however, is apartments would more likely be placed there, if it wasn't commercial. Concern was expressed about the Route 642/ Route 647 intersection and how dangerous it had become because of increasing traffic. Mr. Harrington Smith, Shawnee District Representative on the Board of Supervisors, stated that a traffic light is scheduled to be installed and operational on March 13. A discussion next ensued on whether to limit the 2V2-acre parcel to B 1 Zoning. The Commission concluded that the single commercial entrance of the site would limit the intensity of the use, as well as, the rear residential setback and the road efficiency setback in the front. It was noted that the layout of the site would most likely prohibit the establishment of the large, undesirable B2 operations. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of Rezoning Application 4002 -98 of Tasker Road and Warrior Road Commercial by Fred L. Glaize, II and JASBO, Inc. to rezone 38.1979 total acres, identified with P.I.N.s 75 -A -104, 75 -A -105, and 75 -A -117, from RP (Residential Performance) to B2 (Business General) with the proffers submitted. Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission unanim ously voted to make the petition submitted by Mr. Ronald R. Paul from the residents of Wakeland Manor, Frederick Woods, and Mosby Station, a part of the permanent record. • Frederick County Planning Commission Minutes of March 4, 1998 Page 175 -7- • Rezoning Application #003 -98 of Briarwood Estates by Shiho, Inc. to rezone 50.53 acres from RA (Rural Areas) to RP (Residential Performance). This property is located on the east side of Greenwood Road (Rt. 656) between Valley Mill Road (Rt. 659) and Senseny Road (Rt. 657), and adjoins the existing Briarwoods Estates subdivision and Carlisle Heights subdivision. The property is identified with P.I.N.s 55- A -184B and 55- A -184C in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, pointed out that the primary impact will be traffic and the approval of the rezoning will increase traffic on Greenwood Road by 32 %, based on 1995 Secondary Road Traffic Counts. He said that the results of the model run of the Capital Facilities Impact Model demonstrated a negative fiscal impact to public schools, parks and recreation, and to fire and rescue services. He noted that the applicant has submitted a proffer statement that provides for a general development plan, a single- family detached housing type, a phasing plan that is tied into the Greenwood Road improvement project, road improvements, and a monetary contribution to offset development impacts. Mr. Wyatt stated that this proffer appears to mitigate the concerns by VDOT and adequately mitigates the negative fiscal impacts demonstrated by the Capital Facilities Impact Model. In summary, Mr. Wyatt said that the rezoning would be consistent with the Comprehensive Policy Plan and the improvements scheduled for Greenwood Road will assist in the geometric deficiencies and pavement widths that exist. Mr. Wyatt said that the only other outstanding issue remaining is the proposal to develop 35 additional residential lots prior to the completion of the improvements to Greenwood Road. He said that staff believes this allowance will not significantly impact the transportation network over the short term; however, the • language in the proffer statement under "Greenwood Road Improvements" should be revised to avoid confusion and should state, "35 lots" instead of "122 lots." A discussion ensued on the appropriateness of the last sentence of the proffer statement under the section, "Monetary Contribution to Offset the Impact of Development," where the developer states that the $10,000 monetary contribution should be forwarded by Frederick County to the Greenwood Fire & Rescue Company as soon as possible. Various opinions on the appropriateness of the wording were given by the Commission's legal counsel, the staff, and Commission members. Chairman DeHaven believed this was a technical issue and shouldn't hold up consideration of the rezoning. Staff members said that they would try to have the issue clarified before the Board meeting. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the project design engineers, summarized his plan for the two parcels proposed for rezoning. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Kieth Johnson, President of the Carlisle Estates Homeowners Association, said that the board members of Carlisle Estates Homeowners Association have concerns about the traffic congestion on Greenwood Road and they prefer not to have additional traffic on that road until after Greenwood Road is completed. Mr. Johnson said that the 122 homes proposed to be constructed by the developer is a workable compromise and they are in agreement to rephasing the two properties as one master plan. Another issue raised by Mr. Johnson concerned the two rights -of -way that were designated to go from Carlisle Heights to other properties. He said that the developer has proposed to utilize one right -of -way back in Section IV. He said that �J Frederick County Planning Commission Minutes of March 4, 1998 Page 176 Carlisle Heights only has one entrance/exit; and, as a fire - fighter, he was concerned that if that entrance became • blocked, that another entrance/exit would be desirable. He said that the Board of Directors wondered what was to become of the remaining right -of -way, who would be responsible for it, and how it would be utilized in the future. Regarding the 30% possible increase in trips per day on Greenwood Road, Mr. Johnson inquired about plans for signalization at Senseny and Greenwood Roads, Mr. Johnson applauded the developer for his intent to delay construction on the additional lots until after Greenwood Road has been improved. hi response, Mr. Maddox said that most of the questions raised by Mr. Johnson will be answered at the time of master development plan review, because of the various studies that will need to be done. He added that VDOT is conducting a traffic signal warrants analysis for the Senseny and Greenwood Roads intersection and he felt this was an obvious place for a traffic light. Questions from the Commission regarded the anticipated plans for the remaining right -of -way and the possibility that Greenwood Road would go to bid in 1999. In response to the right -of -way question, Mr. Maddox said that he didn't feel a connection to Briarwood was necessary from a trip per day point of view. He said that his intent was more involved with the interconnection of major streets. Mr. Maddox added that when subdivisions are planned to be interconnected, it is often met with opposition by the residents of the existing subdivision. hi response to the Greenwood Road question, the staff said that VDOT has finally completed their public hearing process and staff feels the projected bid date will probably occur. Commissioners commended the developer for the compromise on the lot development, the phasing, and also the proffer to the fire department. Commissioners asked that the staff examine the second entrance cut issue. No other issues were raised by the Commission. • Upon motion made by Mr. Light and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #003 -98 of Briarwood Estates by SHIHO, Inc. to rezone 50.53 acres from RA (Rural Areas) to RP (Residential Performance) with the proffer statement. DISCUSSION ITEMS WARRIOR DRIVE REVENUE SHARING APPLICATION Mr. Evan W. Wyatt, Deputy Planning Director, stated that Frederick County submitted a Revenue Sharing Application for Warrior Drive during the 1997 -1998 VDOT Fiscal Year which requested assistance for improvements to the existing segment of Warrior Drive, as well as for the extension of Warrior Drive from Fairfax Pike (Rt. 277) to Tasker Road (Rt. 642). He said that the Commonwealth Transportation Board awarded $329,877 to Frederick County for the Warrior Drive project during the 1997 -1998 Fiscal Year and it is the intention of the Board of Supervisors to continue and apply for funds annually through this program until necessary money is available to complete this phase of Warrior Drive. Mr. Wyatt presented the preliminary draft of the 1998 -1999 Warrior Drive Revenue Sharing Application. Mr. Wyatt said that it would be appropriate for the Commission to endorse the application, if they feel it is appropriate. Frederick County Planning Commission Minutes of March 4, 1998 Page 177 t� Planning Commission members asked if the money granted was fiscal year constrained or if the • grant money would expire if it is not used after so many years; they questioned what would happen with any leftover money; they also inquired if the value of land counted towards the County's contribution for right -of -way acquisition, if land was proffered by a developer. Mr. Wyatt responded that grant money would not expire and may be accumulated each year it is allocated; he said that if by chance there is leftover money, the State would return the matching funds to the funding source and the County would be reimbursed for their share; he added that VDOT is willing to do initial design work prior to the estimate of the money needed, which would give the County a close estimate of what the cost will be. Mr. Wyatt further added that there is no "in- kind" match for land dedication. Commission members were in favor of supporting the revenue sharing application. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse Frederick County's Revenue Sharing Program Application for Warrior Drive for VDOT's 1998 -1999 Fiscal Year. WORK SESSION SCHEDULED WITH THE BOARD Mr. Tierney, Planning Director, announced that there will be a work session with the Board of Supervisors on March 11, 1998 at 5:30 p.m. in the Board Room to discuss the Route 81 Study. unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:05 p.m. by Respectfully submitted, Kris C. crct Charles S. DeHaven, Chairman (Jr.) I Frederick County Planning Commission Minutes of March 4, 1998 Page 178