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PC_06-03-98_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 3, 1998. PRESENT: Charles S. DeHaven Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; George L. Routine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; and Vincent DiBenedetto, Winchester City Liaison, STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; Mike Ruddy, Planner II; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MAY 6. 1998 Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, the minutes of May 6, 1998 were unanimously approved as presented. BIMONTHLY REPORT Commissioner Miller requested that Site Plan #032 -98 for Kentucky Fried Chicken be brought before the Commission for formal review. Commssioner Miller said that a number of concerns, specifically from citizens living in the Foxridge Townhouses, have been expressed to him about this site. • Frederick County Planning Commission Minutes of June 3, 1998 Page 209 - • COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 05/28/98 Mtg. Mr. Thomas reported that the DRRS continued their discussions on steep slopes and ways of updating the ordinance to a "performance" ordinance instead of a "prescriptive" ordinance. Mr. Thomas said that the amendments will place more of the onus of design intent and creativity on the developer, instead of the County dictating what needs to be done. Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver reported that the CPPS will be taking a bus tour of the South Frederick Land Use Study Area on Monday, June 8, at 5:00 p.m. Mrs. Copenhaver stated that everyone is welcome to attend. Transportation Committee - 06/02/98 Mtg. • Mr. Thomas reported that the Transportation Committee discussed the Winchester Area Transportation Study (WATS). Joint Frederick County/ Stephens City Planning Committee - 05/26/98 Mr. Tierney reported that additional discussion took place on the Town's proposed boundary line adjustment and members who were present agreed the area requested was reasonable. Mr. Tierney said that a recommendation will be fommlated to the respective governing bodies about how to proceed. CITIZEN COMMENTS Ms. Barbara Burroughs, resident of the Opcquon District, spoke in favor of the proposed increase in sanitation connection fees. She said that she supported Sanitation Authority Chairman, Ned M. Cleland, and Sanitation Authority Director /Engineer, Wellington Jones, in their efforts to raise these rates. Ms. Burroughs believed that if the rates were not raised, Frederick County citizens would end up paying increased costs through higher taxes. is Frederick County Planning Commission Minutes of June 3, 1998 Page 210 -3- • PUBLIC HEARINGS Conditional Use Permit 9002 -98 of Roy R. Beatty to operate a public garage with body repair. This property is located at 621 Mines Mill Road and is identified with P.I.N. 84 -A -27C in the Opequon Magisterial District. Action - Recommended Approval w/ Conditions Mr. Lawrence read the background information. He said that there were no significant issues by any of the reviewing agencies. Mr. Lawrence said that public garages with auto body repair are permitted in the RA Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from view from any adjoining property. He stated that the requested activity will occur within existing buildings; no new buildings are proposed. He said that the buildings are arranged in circular fashion, screening any activities from adjoining properties. In addition, he said that the buildings are approximately 400+ feet from any adjoining property. Commission members raised the issue of whether or not the mmnber of outside vehicles awaiting repair should be a condition of the permit. Another issue raised by the Commission was whether the filtering or fanning of fumes and chemicals from painting was regulated by any outside agency. Mr. Roy R. Beatty, the applicant, said that he would not be painting at this location; he said that his painter was located in Warren County. Mr. Beatty said that the type of work he will be doing includes frame straightening, sheet metal alignment, and body work. • Chairman DeHaven called for public comment and the following person came forward to speak: Mrs. Barbara Burroughs, adjoining property owner at 731 Kline's Mill Road, said that she has been the Beatty's neighbors for four years and nothing the Beatty's have done at their home has caused her any concern. Mrs. Burroughs said that she does not hear noise or see vehicles from her house. Mrs. Burroughs said that the Beatty's are building a new home, which is closer to hers, and she wanted to be sure that none of the garage work would be going over to the new residence. Commission members were satisfied that the establishment of the business would not have a negative impact upon the surrounding neighborhood. 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 Conditional Use Permit 4002 -98 of Roy R Beatty for a public garage with body repair at 621 Mines Mill Road, with the following conditions: Proposed signs shall satisfy the Cottage Occupation Sign Requirements. No more than five inoperable vehicles shall be allowed to be stored on the property at any one lime. These inoperable vehicles shall be screened from adjoining properties. u Frederick County Planning Commission Minutes of June 3, 1998 Page 211 -4- 3. All review agency comments shall be complied with at all times. 4. Any expansion of the business shall require a new conditional use permit. Rezoning Application 009 -98 of Allied Wood Products submitted by Painter- Lewis, P.L.C. to rezone 13.96 acres from RA (Rural Areas) to Ml (Light Industrial) Zoning District. This property is located at 2546 Martinsburg Pike and is identified with P.I.N. 44 -A -41 and 44 -A -42 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Wyatt read the background information and pointed out two significant review agency comments: 1) the County Engineer has identified existing drainage problems that are impacting adjoining properties and has requested the development of a stormwater management plan as a condition of approval; and, 2) the Historic Resources Advisory Board (HRAB), in light of the Stephenson's Depot (Second Winchester) historical resource, has recommended that structural heights be limited to 40', that existing tree lines be maintained, and that a landscaped berm be provided around Parcel 42, along Old Charles Town Road. Mr. Wyatt said that the staff has identified three potential impacts: 1) the potential increase in traffic is estimated at between 2-11% on Route 11; 2) the Capital Facilities Impact Model has demonstrated a negative impact to fire and rescue services; and, 3) the impact to adjoining properties, specifically, the • aforementioned Stephenson's Depot core area and flooding on adjoining properties. Mr. Wyatt said that in addition, conversations with adjoining property owners revealed concerns about blowing sawdust coming from the existing operation and outdoor storage on Parcel 41. Mr. Wyatt concluded by making the following statements: the rezoning proposal is consistent with policies established in the Route 1 l North Corridor Land Use Plan; the uses that have been proffered are consistent with the current Allied Wood Products operation; the applicant has mitigated the impact to capital facilities for fire and rescue services by proffering a monetary contribution that is consistent with the results of the Capital Facility Impact Model; and, the applicant has attempted to mitigate the impacts to the Stephenson's Depot historic resource by limiting structural heights and developing a vegetative screen along the frontage of Lot 42, Mr. Wyatt said that applicant did not limit access to Old Charles Town Road; however, access will be severely limited on Parcel 41 due to topography constraints from the existing road grade. He added that VDOT and the County Engineer will have the ability to require upgrades to the existing entrance and site to ensure that access and drainage are improved for the current site conditions. Mr. John Lewis, P.E. of Painter -Lewis P.C., design engineers representing Allied Wood Products, spoke first about the drainage situation. Mr. Lewis said that they have completed a stormwater management plan that will mitigate the impacts of Allied Wood Products only. He said that they intend to install the largest possible detention pond at the lowest end of the Allied Wood Products property to attenuate peak stormwater flows, which should help the situation down through Wampler Mobile Home Park and Route 664. He said that in addition, the County Engineer asked them to look at the stormwater culvert and piping under Route 664 and they will be forwarding that design information on to the County Engineer. Mr. Lewis said that it was his understanding that the County Engineer had convinced VDOT to replace the culvert. Mr. Lewis • Frederick County Planning Commission Minutes of June 3, 1998 Page 212 5- commented that the work being done on the Allied Wood Products site, together with VDOT's work on the culvert, should improve the drainage situation; however, it would not create a "fix -all" situation. Regarding the request by the HRAB for the four -foot berm on Lot 42 along Old Charles Town Road, Mr. Lewis said that they did not know at this point in time what the particular configuration of that lot was going to be, as far as entrances or structures. Mr. Lewis requested deference until a point in time when they actually know what they were going to do on that parcel so that they could design a screen that was satisfactory, from an access and drainage standpoint, to the staff and the HRAB. (Mr. Light arrived at this point in the meeting.) Some Commission members expressed concern about placing the burden of solving stormwater problems downstream on this particular developer. They were concerned that expectations would be raised that all of the downstream flooding problems would be solved at this developer's expense. Another issue raised was concerning the HRAB's recommendation for a four -foot tall and four -foot wide berm with landscaping along Parcel 42 and the applicant's proffer statement only referred to a vegetative screen. It was decided that the applicant would submit the site plan to the HRAB, in order to give the applicant and the HRAB an opportunity to agree on what was appropriate to protect the historic resource. There were no public comments. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 4009 -98 of Allied Wood Products, submitted by Painter - Lewis, P.L.C., to rezone 13.96 • acres from RA (Rural Areas) to M I (Light Industrial) Zoning District with the proffers submitted by the applicant and with the condition of the submittal of a stormwater management plan and the submittal of the site plan to the HRAB for discussion of viewshed protection for historical resources. (Mr. Light abstained from vote.) Subdivision Waiver Request by Mr. David Hicks to allow for the creation of a 2.2 -acre lot in the RA (Rural Areas) Zoning District. This parcel is identified by P.I.N. 20 -A -32A and is located on Light Road (Rt. 685) in the Gainesboro District. Action - Recommended Approval Mr. Eric Lawrence, Zoning Administrator, stated that the staff had received a request from Mr. David Hicks on behalf of Hicks' Contracting, for a variation from the Subdivision Ordinance's minimum lot size requirement for a parcel of land located on Light Road (Rt. 685). He explained that Mr. Hicks purchased 2.2 acres from a 19.775 -acre parent tract based on the understanding that the state road separating the smaller parcel from the parent tract created a legal land division. Mr. Lawrence said that when utilizing this state road division technique, a 2.2 -acre lot is created and the ordinance requires a five -acre minimum lot size; therefore, it is necessary to gain the Board of Supervisors' approval for a variation to this five -acre requirement. • Frederick County Planning Commission Minutes of June 3, 1998 Page 213 -6- Mr. David Hicks was present to answer questions from the Commission. Mr. Richard Dye, a neighboring land owner, came forward to express his opposition to any variation from the subdivision ordinance and he presented a letter explaining his concerns. Mr. Dye said he supported the open space building requirement and it did not matter to him if the open space was located on the other side of the road. He also questioned whether a proposed dwelling would be able to meet setbacks, if a 50' right-of-way was required. Mr. Dye said that he did not see any reason not to adhere to the policies set forth in the ordinances. Mr. Jay Cook, the Commission's legal counsel, confirmed that this was the appropriate format to consider the issue at hand. Commissioner Miller stated that the zoning requirement is not being changed; he said that the subdivision of land is a legislative process, the legislative body of the County being the Board of Supervisors, and what is being requested here has been done in the past. He said that the correct policy is being followed. Commissioner Miller made a motion to recommend approval of the request. This motion was seconded by Mr. Thomas and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning does hereby unanimously recommend approval of the subdivision waiver request by Mr. David Hicks to allow for the creation of a 2.2 -acre lot in the RA (Rural Areas) Zoning District. Upon motion made by Mrs. Copenhaver, seconded by Mr. Light, and unanimously approved, the letter from Mr. Richard Dye was made a part of the official record. • - ----- - - - - - -- DISCUSSION OF THE WINCHESTER AREA TRANSPORTATION STUDY (WATS) Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, presented the final draft of the Winchester Area Transportation Study (WATS) Year 2020 Transportation Plan, which had been reviewed by VDOT and forwarded to Frederick County for the inclusion of any appropriate text deemed suitable, and local action. Mr. Ruddy said that it is evident that the existing roadway system in the study area does not have sufficient capacity to accommodate area travel demands in the year 2020. He said that it is the staffs belief that the many transportation issues affecting the County, in particular at the Route 647/277 intersection, have been suitably addressed and the resulting plan provides an excellent framework for future transportation planning in Frederick County. Mr. Ruddy said that the WATS plan was developed through a joint effort of VDOT, their consultant DeLeuw, Cather and Company, and Frederick County, the City of Winchester, and the Town of Stephens City. He said that a steering Committee, comprising of representatives from the community, recommended approval of WATS in March, 1998, and the Transportation Committee reviewed the study on June 2, 1998. Mr. Ruddy proceeded to summarize the recommendations in the WATS Plan to the Commission. • Frederick County Planning Commission Minutes of June 3, 1998 Page 214 7- Mr. Sager, the Board's liaison to the Commission, expressed concern that the proposals in WATS would negatively affect the County's retail base, particularly for the businesses at the Route 522 corridor at Route 50. He felt that travelers would be discouraged from stopping in the Stephens City area and eating and staying overnight. Planning Director Kris Tierney said that the two existing major traffic problems in the County that were identified in the plan, which everyone was already aware of, were at the Route 50 interchange at I -81 and the Route 277 interchange with I -81. Mr. Tierney said that we need to get the traffic moving through those intersections in a better way. He said that the I -81 Study will rebuild both of those interchanges by adding additional ramps and widening the interchanges; however, it will result in a situation where the connection of Route 522 on 50 and the Aylor Road intersection on Route 277 is not physically possible in their present location. He stressed that these traffic problems already exists and will continue to grow worse, he said that the absence of an adopted traffic plan will result in a terrible traffic situation in Frederick County. Commissioner Thomas raised a concern about the Route 277/ 81 interchange study area and the section of two-lane road between Rt. 1 l in Stephens City and I -81. Commissioner Thomas explained that Route 277 will be unproved to four lanes to the overpass and then it will go into a two -lane road; he said there is nothing that can be done to widen that two -lane road, unless two businesses, a church, and a couple historical buildings are eliminated. He said that the option that was discussed, and what seemed most practical, is to move that intersection off Rt. 81 about Y: mile south of its current location, to come out at the same location as the Route 651 extension. He said that this will need to be planned for as far as land use development in that area. Commissioner Thomas stated that the problem will always be there and traffic is going to back up across the bridge, unless plans are made for moving the intersection south now, while 277 is being repaired. He said that the same situation is occurring at Route 522 near Costco. • The Planning Commission recognized both the importance of having an approved comprehensive transportation plan that will accommodate travel demands to the year 2020, and the complexities of the potential impacts at the two intersections discussed. They recommended that the plan be endorsed with a caveat stating that the locality agrees with the plan up to the point of the two interchanges, which need further study. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the WATS Plan with two caveats pertaining to the proposed closing and relocation of Route 647 at Route 277, and Route 522 at Routes 50/17; specifically, that additional studies of these intersections are to be conducted and endorsed prior to the approval of any improvement plans impacting these intersections. • Frederick County Planning Commission Minutes of June 3, 1998 Page 215 - 8 - • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:35 p.m. by Respectfully submitted, C. OL-'g-'x Charles S. DeHaven, Chairman (Jr.) • • Frederick County Planning Commission Minutes of June 3, 1998 Page 216