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PC_04-01-98_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 April 1, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vicc- Chairman/Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Moms, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District and W. Wayne Miller, Gainesboro District STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; 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 - January 21, 1998 & February 18, 1998 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of January 21, 1998 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of February 18, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of April 1, 1998 Page 184 -2- 0 Development Review & Regulations Subcommittee (DRRS) - 03/26/98 Mtg. Mr. Lawrence, staff member for the DRRS, reported that this subcommittee is continuing their work on the woodlands preservation issues. Joint Frederick County - Stephens City Planning Committee - 03/24/98 Mtg. Mr. Tierney, staff member for this committee, reported that the Town representatives presented a modified proposal for boundary line adjustments between the Town and the County. He said that staff has completed some mapping work and has forwarded that proposal to the Board for direction. PUBLIC HEARINGS: • Conditional Use Permit #001 -98 of Denise McClearen for an off - premise business sign along Front Royal Pike (Rt. 522 South) and identified with P.I.N.s 94A -1 -2 -6 through 8. This off - premise sign is for a dog grooming business located at 4784 Front Royal Pike in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner 11, stated that signs advertising a business that is not located on the same lot or parcel as the business sign are considered "off- premise business signs" and this type of sign is permitted in the RA Zoning District with an approved conditional use permit. He explained that the applicant recently received approval for a Cottage Occupation/ Pet Grooming business and wishes to place a two square - foot business sign on a separate property that she owns, along Route 522. Mr. Ruddy said that Route 522 is classified as a Federal "A" Primary Highway by VDOT and an off - premise business sign along this highway classification is limited in size to a two square -foot maximum. Mr. Ruddy added that County sign regulations dictate that the sign shall be setback at least 10 feet from any property line or road right-of-way and must beat least 50 feet from any other business sign. It was the staffs opinion that the proposed sign, in the location proposed, complied with the regulations cited and would not detract from surrounding properties and uses. There were no public comments. No issues of concern were raised by the Commission. • Frederick County Planning Commission Minutes of April 1, 1998 Page 185 -3- Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #001 -98 of Denise McClearen for an off - premise business sign along Front Royal Pike (Rt. 522 South) for a dog grooming business located at 4784 Front Royal Pike with the following conditions: 1. Review agency comments must be complied with at all times. 2. If the business being advertised ceases operation, the sign must be removed. Rezoning Application #004 -98 of Central Coca Cola Bottling Company by Triad Engineering, Inc., to rezone 63.5 acres from RA (Rural Areas) to MI (Light Industrial). This property is located west of the intersection of Shady Elm Road (Rt. 651) and Apple Valley Road (Rt. 652) and is identified with P.I.N.s 63 -A -58 and 63 -A -59 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He pointed out the Historic Resources Advisory Board's (HRAB) recommendation that a 40' height restriction be placed on all buildings that are to be constructed on the subject parcel. Mr. Wyatt identified • three areas of potential impact from the rezoning -- transportation, community facilities and services, and historic features and reviewed each of the potential impacts with the Commission. Mr. Wyatt said that the proposal to rezone this property conforms with the Comprehensive Plan policies for development in the Urban Development Area and the Sewer and Water Service Area; and, the M1 (Light Industrial) zoning classification is consistent with other properties and land uses located on the south side of Apple Valley Road. Mr. Wyatt said that staff believed the applicant had adequately mitigated the impacts to the transportation network through proffers that are consistent with the WATS and arc acceptable to VDOT; the applicant has adequately mitigated the negative impact to fire and rescue capital costs through a monetary proffer consistent with the results of the Capital Facilities Impact Model; the applicant has mitigated the impacts to the viewshed of the Kemstown Battlefield by limiting structure heights, although not to the 40' recommended by the HRAB, by screening structure components and uses, and by providing a ground -level screen from the road. A member of the Commission inquired if 60' was the maximum allowable height in the M 1 District. Mr. Wyatt replied that 60' is the maximum height allowed for a primary structure, however, several uses are exempt in the ordinance (silos, automated storage, commercial telecommunications towers). He said that although the proffer does not limit the primary structure, it does limit accessory structures to 60' which would, in turn, restrict some larger industrial uses that have tall accessory structures from locating on this site. Mr. Steve Patton with Triad Engineering, Inc., the design engineers for this project, stated that they have been working with the HRAB and the Kemstown Battlefield Association (KBA) and he believed the 60' height restriction would be adequate to protect the viewshed from the battlefield. • Frederick County Planning Commission Minutes of April 1, 1998 Page 186 -4- There were no public comments. • . Members of the Commission inquired if the berm construction planned for the full length of Apple Valley Road would be constructed all at one time; they asked for the height of the Coca -Cola facility; if future expansion of the facility would be horizontal or vertical; and, if future expansion would consume the entire 65 -acre site. Mr. Patton answered that berm construction would occur all at once at the site plan stage; that the height of the proposed facility would be 38', that future expansion would occur horizontally, not vertically; and, that he did not foresee future expansion consuming the entire site, but more likely just one additional parcel. Members of the Commission thanked the Coca -Cola Bottling Company for working with the HRAB and KBA to protect the Kemstown Battlefield's viewshed. They believed that Frederick County was fortunate to have a company with as much civic responsibility and interest in the community. They also noted that the Coca -Cola Bottling Company exemplified the type of business that residents and community leaders hoped to bring into the community in order to preserve its integrity. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #004 -98 of Central Coca -Cola Bottling Company by Triad Engineering, Inc. to rezone 63.5 acres from RA (Rural Areas) to M I (Light Industrial) with proffers as submitted. • Rezoning Application #005 -98 of Linwood and Elizabeth Ritter by Greenway Engineering to rezone 8.264 acres from RA (Rural Areas) to RP (Residential Performance). This property is located at 746 Double Church Road (Rt. 641) and is identified with P.I.N. 86 -A -21B in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He summarized the staff report as follows: the parcel is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); the Comprehensive Policy Plan states that new suburban residential development must be located within the UDA and should only be approved when roads and other infrastructure with sufficient capacity have been provided; the applicant has proffered to improve Double Church Road as required by VDOT, as well as dedicate necessary right -of -way; Double Church Road is delineated on the WATS as requiring improvements to correct geometric deficiencies on a two -lane typical section and the dedication of right -of -way will assist with this project in the future; adequate sewer and water capacity are available to serve the proffered 20 single - family detached residential lots and the monetary contribution will mitigate the negative fiscal impacts to capital facilities. In addition, Mr. Wyatt said that the proximity of the Double Church Road Agricultural and Forestal District, as well as agricultural land uses, are of concern to staff; that residents within the agricultural community and the suburban residential community have expressed concerns during the last few years about land use compatibility, nuisances, the need for buffers, and land use. He said that the staff believed it would be appropriate for the developer to disclose the location of the Double Church Road Agricultural and Forestal District and permitted land uses in the rural areas within all property deeds and sales literature. Cl Frederick County Planning Commission Minutes of April 1, 1998 Page 187 -5- Members of the Commission noted that a portion of Woodside II was outside of the SWSA. • They inquired whether or not there was any relationship between this development and Woodside as far as road use sharing or entrance sharing. They recalled discussions during the Woodside proposal concerning the use of a dead -end street in Woodside anticipated to.be used by this property. They also inquired whether the proposed lots conformed with minimum lot size requirements. Mr. Mark D. Smith, P.E., L.S. with Greenway Engineering, the design engineers for this project, said that they are proposing cluster lots consisting of 10,000- 12,000 square feet with open space near 20% and a density of about two lots per acre, which is compatible with adjacent land uses. Mr. Smith stated that no road or entrance sharing by this development with Woodside was planned because the Woodside lots have already been platted and encompass the entire parcel. Mr. Smith said that they will be using just the one access on Double Church Road. Mr. Eric R Lawrence, Zoning Administrator, recalled the discussions about the dead -end street in Woodside; however, he said that when Woodside II was actually subdivided, it did not have a dead -end street against the Ritter property. Concerning the location of Woodside II in the UDA and the SWSA, Mr. Wyatt replied that approximately 2/3 of Woodside was in the UDA and the SWSA and 1/3 was out. He said that the Board of Supervisors has determined that if a significant portion of a property is within the UDA and the SWSA, that it would qualify to place the entire tract in. Chairman DcHaven called for public comment and the following person came forward to speak: • Mrs. Loretta Wymer, resident at 731 Double Church Road, was opposed to the rezoning because of the extra traffic and the increased impact on the schools. Planning Commissioners were concerned about the increased expansion and development into this rural area and the issue of encroachment on the Agricultural and Forestal District. They pointed out that this area had been designated by the residents themselves as an Agricultural District and this rezoning was a additional intrusion into those desires. They were not sure that the impact to fire and rescue services was mitigated by the monetary proffer; and, they were concerned about the increased demands that will be made on the school system. Members of the Commission said that the traffic impact on Double Church Road and ultimately, on Route 277 is still an issue; and, they felt it was difficult to support more residential development until something was accomplished with Route 277. In addition, there was concern about the single access on Double Church Road. On the other hand, Commissioners noted that the subject parcel was entirely within the UDA and the SWSA and it was surrounded on three sides by RP development. It was pointed out that since none of the land south of this was zoned RP, no development could occur further south, unless the UDA and the SWSA was extended. Mr. Ours moved to recommend denial of the rezoning, based on the increased traffic impacts which would result from the additional development. This motion was seconded by Mr. Moms, but the motion was defeated by the following vote: YES (TO DENY THE REZONING) Ours, Wilson, Marker, Morris NO: Stone, Romine, DeHaven, Copenhaver, Light • Frederick County Planning Commission Minutes of April 1, 1998 Page 188 -6- Chairman DeHaven entertained another motion. A motion was made by Mr. Light and seconded by Mrs. Copenhaver to recommend approval of the rezoning based on the fact that the parcel was surrounded on three sides by RP development, that the parcel was located in the UDA and the SWSA, and that no further development could occur to the south without extension of the UDA and the SWSA. A majority vote approved the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #005 -98 of Linwood and Elizabeth Ritter by Greenway Engineering to rezone 8.264 acres from RA (Rural Areas) to RP (Residential Performance). The vote on this recommendation was as follows: YES (TO APPROVE THE REZONING) Stone, Routine, DeHaven, Copenhaver, Light NO: Ours, Wilson, Marker, Morris (Note: Mr. Thomas and Mr. Miller were absent from the meeting.) Rezoning Application #006 -98 of Borderline, L.L.C. (Broadway Electric Company) by Painter- Lewis, P.L.C. to rezone 2.67 acres from RP (Residential Performance) to MI (Light Industrial). This property • is located on the south side of Airport Road (Rt. 645), 0.5 miles east of Front Royal Pike (Rt. 522) and is identified with P.I.N. 64 -A -45F in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Michael T. Ruddy, Planner II, presented a review of the application and stated that the 42- acre Preston Place residential development, which was approved under various master development plans (MDP), is associated with the 2.67 -acre parcel under consideration because this parcel was accounted for in the calculations determining the permitted density, open space, and environmental features for the Preston Place development. Staff pointed out that this parcel's ties to the original MDP became somewhat obscured, however, because the 2.67 acres was subdivided prior to approval of the Final MDP and was subsequently sold. Mr. Ruddy summarized the staff recommendations, stating that existing roads are sufficient, as is the existing infrastructure, to accommodate a rezoning of this size without any significant negative impacts. He stated that the applicant has adequately mitigated the negative impact to fire and rescue capital costs through a monetary proffer consistent with the results of the Capital Facilities Impact Model; and, the applicant has attempted to address the impacts to steep slopes located on the parcel by proffering to restrict the disturbance of steep slopes within an environmental easement. He said that the applicant is requesting a waiver of the steep slope disturbance allowance to permit an increase in the disturbance of steep slopes from 25% to 50 %. Mr. Ruddy pointed out that the proposed rezoning is inconsistent with many of the Comprehensive Plan policies for development in the Urban Development Area as they pertain to environmental issues; that it was the staffs conviction that any further disturbance of steep slopes should not be permitted, and E Frederick County Planning Commission Minutes of April 1, 1998 Page 189 7- the resulting increase in the gross density of the Preston Place development should be avoided. Mr. Ruddy added • that the precedent that would be established by allowing continued disturbance of environmental features and increases in gross density of development through the reuse of areas and acreage previously used to maximize a development would be inappropriate. Mr. Morris said that this rezoning proposal is for less acreage than for one of the previous rezonings; however, the monetary proffer to fire and rescue services is greater, and he inquired about how this amount was determined. Mr. Tierney replied that the essence of the proffer associated with fire and rescue is the nature of the development or uses allowed. In this case, M 1 uses were considered versus a single - family housing development. There was also a question about the wording of the proffer, in particular, to whom the monetary proffer is paid. Mr. Ruddy replied that the monetary contribution goes to Frederick County, but is allocated to the area which provides the fire and rescue service; and, in this case, would be Greenwood Fire and Rescue Company. Mr. John Lewis of Painter - Lewis, P.L.C., the design engineers for the project, agreed that this 2.67 acres was used in the steep slopes and density calculations for the Preston Place apartments. Mr. Lewis stated that they were not considering adding more units to Preston Place because that development is already built out. Mr. Lewis also agreed that the 2.67 acres was subdivided prior to the approval of the Final Master Development Plan in 1992; and, in 1995, the 2.67 acres was gifted to Shalom Et Benedictus, the current owner. He said that Shalom Et Benedictus was not aware, until the last couple of months, that they could not develop this parcel because of the density and steep slopes issues. Mr. Lewis stated in retrospect, that there should have been some sort of decd restriction placed on this property when the MDP was approved in 1992, so that future • property purchasers would be aware of the encumbrances on the property. Mr. Lewis added that they felt the intended use for this property by Broadway Electric, the contract purchaser, was appropriate for this parcel. He further added that Broadway Electric is a growing company that wants to locate and pay taxes in Frederick County. Mr. Michael Foster, representing Shalom Et Benedictus, said that for the past 25 years, Shalom Et Benedictus has been providing drug and alcohol education and treatment services to this community. Mr. Foster said that his organization provides services to the three county schools and also provides day treatment and residential treatment. He said that each year, Shalom Et Benedictus scholarships many youngsters for treatment who lack the necessary funds to pay themselves; and, each year, his organization needs to raise money in the community. Mr. Foster explained that in order for the "gift' of this property to be utilized, they need to sell the property and acquire the money to continue with their operations. Mr. Kevin Adams, representing the Airport Business Center, shared his knowledge of the history of this property with the Commission. Mr. Adams recalled having various meetings with the Planning Department before and after this land was gifted and was told that the County would support this proposal. Mr. Adams felt the use of this property by Broadway Electric was appropriate and he also supported the work being carried out by Shalom Et Benedictus. Ms. Shawn Ray, representing Gerald Smith, her father and the owner of Broadway Electric, said that they were very much interested in purchasing this property and would employ about 20 persons. Mr. Fred Ash, representing the Shockey Companies, spoke in support of the Broadway Electric E Frederick County Planning Commission Minutes of April 1, 1998 Page 190 8- Company and of promoting the best use of the subject property. Mr. Ash said that Broadway Electric has had • a business relationship with Shockey Companies for about 20 years and consider Broadway Electric one of the best electrical firms in the area. Mr. Ash said that Broadway Electric is very conscientious about their appearance and will have a low impact on neighboring properties. It was the consensus of the Planning Commission that although there were several unfortunate circumstances surrounding this parcel by way of transfer of ownership and multiple master plans, they believed that Broadway Electric would be an excellent use for the property and would put the property to its highest and best use. In addition, Shalom Benedictus would benefit from the sale of the property and would be able to use their "gift." Commission members noted that approving this proposal would not change the number of residential units in Preston Place, and permitting Broadway Electric to use the property was preferable to allowing the property to remain vacant, and possibly creating an eyesore. Upon motion made by Mr. Light and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 4006 -98 of Borderline, L.L.C. (Broadway Electric Company) submitted by Painter- Lewis, P.L.C. to rezone 2.67 acres from RP (Residential Performance) to M1 (Light Industrial) as presented with proffers. (It was noted that an approval of a waiver of the steep slope requirements, to permit an increase in the disturbance of steep slopes from 25% to 50 %, would still be needed from the Board of Supervisors.) • PUBLIC MEETING Request of Mr. E. Frank Smith for variation from the Subdivision Ordinance to enable a land division which exceeds the maximum lot depth ratio. This property is located on Marple Road and is identified with P.I.N. 41 -A -169 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that upon recommendation from the Planning Commission, the Board of Supervisors may allow for variations to the provisions of the Subdivision Ordinance in cases of unusual situations. Mr. Lawrence said that Mr. E. Frank Smith would like to transfer 7.811 acres of his 193.190 acres to Mr. and Mrs. Meadows, bringing the Meadows' property to 12.811 acres. He said that this transfer would cause the Meadows property to exceed the 4:1 lot width to depth ratio. Mr. Lawrence explained that the land being transferred is basically the side of a steep, wooded hill and for all intents and purposes could probably not be developed. There were no public comments. No issues of concern were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Light, • Frederick County Planning Commission Minutes of April I, 1998 Page 191 M BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request of Mr. E. Frank Smith for variation from the Subdivision Ordinance to enable a land division which exceeds the maximum lot depth ratio. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:35 p.m. by submitted, S. DeHaven, Chairman (Jr.) • • Frederick County Planning Commission Minutes of April 1, 1998 Page 192