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PC_06-17-98_Meeting_Minutes• MEETING 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 17, 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: Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; John H. Light, Stonewall District, Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; Vincent DiBcnedetto, Winchester City Liaison. and Jay Cook, Legal Counsel. ABSENT: W. Wayne Miller, Gainesboro District; S. Blaine Wilson, Shawnee District; and George L. Romine, Citizen at Large. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; and Carol I. Cameron, Clerk. E CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 20,1998 MEETING Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of May 20, 1998 were unanimously approved as presented. BIMONTHLY REPORT Mr. Wyatt noted a correction to the Allied Wood Products rezoning item. He said that this rezoning request is from RA to M 1, not RA to B2. 40 Frederick County Planning Commission Minutes of June 17, 1998 Page 217 2- Chairman DeHaven accepted the report for the Commission's information. • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver reported that the Board of Supervisors has agreed to have a work-session with the Subcommittee and Commission on Wednesday, July 8, 1998 from 6:00 - 7:00 p.m. in the Board Room. She said that the worksession is for discussion of the Southern Frederick Land Use Study. Sanitation Authority (SA) - 06/16/98 Mtg. Mrs. Copenhaver reported that the SA made a statement at the meeting regarding their position on the consolidation of City and County utility systems; which declared that the SA has always endorsed regional solutions to resource management. Mrs. Copenhaver said that the SA believes there are certain items that require more study; however, they do want to go on record as not opposing this concept. • Winchester Planning Commission (WPC) - 06/16/98 Mtg. Mr. Ours reported that the WPC rezoned 65 acres of land on Amherst, which is the Glass -Glen Burnie site, from Low - Density Residential to the new EIP Zoning, the proposed plans are to build a 20,000 square foot structure for a muscum. He said that the WPC rezoned several parcels along Papermill Road and Shawnee Drive from High - Density Residential to Commercial B2 and Limited Industrial MI. Mr. Ours stated that the WPC also passed along a resolution to City Council reconunending approval of the WATS Plan; however, they, similar to Frederick County, had a few areas of concern.. Frederick County- Stephens City Joint Planning Committee - 06/16/98 Mtg. Mr. Thomas reported that the Joint Committee finished their initial discussions regarding the boundary re- adjustments between Stephens City and Frederick County. He said that a draft proposal of the re- adjustments will be brought before the Planning Commission at their next meeting. C1 Frederick County Planning Commission Minutes of June 17, 1998 Page 218 -3- PUBLIC HEARINGS • Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165- 48.6, "Commercial Telecommunications Facilities" of the Frederick County Code. The proposed amendment modifies the existing Commercial Telecommunications Facilities requirements to require an affidavit confirming the landowner's responsibility to remove such commercial telecommunication facilities once deemed abandoned. The amendment also requires that an attempt be made to co- locate commercial telecommunication facilities prior to requesting a Conditional Use Permit to enable the new construction of such facilities. Action - Recommended Approval Mr. Eric R Lawrence, Zoning Administrator, stated that at the Board of Supervisors' April 8, 1998 meeting, the Board directed the staff to research and consider amendments to the Commercial Telecommunications Facility portion of the Zoning Ordinance. He said that in particular, the Board was interested in more clearly defining methods guaranteeing a tower's removal, and confirmation that a conditional use permit (CUP) applicant had made attempts to co- locate on existing towers. Mr. Lawrence said that the Development Review & Regulations Subcommittee (DRRS) endorsed a number of amendments at their meeting on April 23, 1998. Questions were raised by Commission members about the practicality of and procedure for the landowner being held responsible for removal of the tower, instead of the tower owner. One of the concerns was that a property owner would not have the expertise for removing a tower. • Mr. Lawrence pointed out that if a landowner has a CUP on his property, regardless of what the use is, that landowner is ultimately held responsible for the CUP use. Mr. Lawrence said that the staff wants to make sure that the landowner is aware of that, and, before they enter into a lease agreement with a communications company, that they are made aware that they could ultimately be held responsible for the tower's removal. The staff pointed out that the County is not placing that responsibility on the landowner with this amendment; the County is attempting to make property owners aware that the responsibility already exists, because they are the landowner. It was noted that this is something the landowner needs to consider before they enter a lease agreement and allow a tower to be erected on their property. Mr. Thomas, a DRRS member, said that considerable discussion took place on this issue and the final conclusion was reached because the landowner is the one who is making the profit from leasing his land to the communications company. Mr. Thomas said that this amendment will ensure that the property owner is aware of that responsibility. There were no citizen comments. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendments to the Commercial Telecommunication Facility portion of the Frederick County Zoning Ordinance, which include: Permitting commercial telecommunications facilities to locate on existing facilities (towers, buildings, • Frederick County Planning Commission Minutes of June 17, 1998 Page 219 -4- • etc.) without requiring a CUP. 2. Requiring an applicant to provide confirmation that an attempt has been made to co- locate on existing facilities. 3. Requiring a landowner to sign an affidavit acknowledging that removal of a commercial telecommunications facility may be the responsibility of the landowner. 4. Requiring the removal of a commercial telecommunication facility once the tower has been abandoned for more than 12 months. Proposed amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 48.1, "Restaurants," of the Frederick County Code. The proposed amendment would allow "Eating Places" (SIC 5812) with gross Floor areas of less than 200 square feet to be located outside of shopping centers. This application would pertain to properties located within the BI Neighborhood Business District. The amendment would also replace the word "Restaurants" with the words "Eating Places." Action - Recommended Approval Mr. Eric La«Tence, Zoning Administrator, stated that the proposed amendment would exempt • restaurants occupying structures of less than 200 square feet in B l Zoning Districts from locating within shopping centers; this would enable the small stand -type restaurants, such as box lunch stands, frozen custard stands, hamburger stands, ice cream stands, refreshment stands, sandwich stands, etc., to locate on smaller B 1- zoned properties, and not necessarily within shopping centers. Mr. Lawrence explained that the B1 Zoning District is intended to provide small business areas to serve surrounding neighborhoods. He said that the permitted uses should be small in sire and should not produce substantial vehicle traffic in excess of what is usual in residential neighborhoods. Mr. Lawrence said that the ideal BI Zoning District would be located in close proximity to residential neighborhoods, encouraging pedestrian and bicycle traffic. Mr. LaN%Tcncc concluded by saying that the Development Review & Regulations Subcommittee (DRRS) reviewed this proposal during their May 28, 1998 meeting and believed the proposal was appropriate. A question was raised by the Commission about the calculation of parking requirements. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Jim Wilson said that he attempted to make this same ordinance change himself approximately three years ago. He said that 200 square feet or 10' X 20' is not quite suitable for a restaurant, in his opinion. Mr. Wilson felt this amendment was serving the purposes of just one individual. • Frederick County Planning Commission Minutes of June 17, 1998 Page 220 -5- Mrs. Jennie Pack, owner of Pack's Frozen Custard, said that she has been in business for the • past 19 years and now has eight locations in the area. She said that they are being moved from their current location in Stephens City because the property has been sold to Waffle House. Mrs. Pack said that she would like to remain in the Stephens City area and relocate her custard stand to the Emmert Oil property. was appropriate. No issues of concern were raised by the Commission. The Commission believed the amendment 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 amendment to allow for Eating Places (SIC 5812), on properties located within the BI Neighborhood Business District, with gross floor areas of less than 200 square feet, to be located outside of shopping centers. The amendment would also replace the word "restaurants" with "eating places." PUBLIC MEETINGS Master Development Plan #004 -98 for Tasker Road Land Bays 1 -9, submitted by G. W. Clifford & Associates, Inc. and Greenway Engineering, for the development of single - family detached traditional units; single- family detached urban units; single - family detached cluster units; duplex and multiplex units; and commercial use. The properties are located on the south side of Tasker Road (Route 642), the west side of White Oak Road (Route 636), and the north side of Macedonia Church Road (Old Route 642), and • they are identified by P.I.N.s 75 -A -104, 75 -A -105, 75 -A -117, and 76 -A -31 in the Shawnee and Opequon Magisterial Districts. Action - Recommended Approval Mr. Evan A. Wyatt spoke about the site history and project scope; he pointed out the location of the development on display maps. Mr. Wyatt continued, speaking about the issues raised by the staff and the various reviewing agencies. Mr. Charles C. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this project, introduced himself and Mr. Ronald Mislowsky, Chief Traffic Engineer also of G. W. Clifford & Associates, and Mr. Mark Smith of Greemvay Engineering. In addition, Mr. Maddox introduced Billy J. Tisinger, Esq. and Mr. James Petry, who were representing the owner. Mr. Maddox accompanied his presentation with a series of slides of the site. Mr. Maddox stated that the project centers around Warrior Road and he stressed the need to accomplish this long -tern proposal. He said that the project developers are participating closely with the County in negotiations with VDOT towards a revenue sharing program to implement the construction of the first phase of Warrior Road. He noted that a phasing plan for the development of each land bay area was anticipated to be submitted before review of the master plan by the Board. • Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Donald W. Luttrell, resident of the Opequon District, was concerned that County taxpayers Frederick County Planning Commission Minutes of June 17, 1998 Page 221 I M. would be funding the cost of construction for Warrior Road. Mr. Luttrell said that State highway money has been applied for with intentions that the funds will be matched with County money. Mr. Luttrell didn't think it was right for residents of Reynolds Store, Clearbrook, Star Tannery, etc. to pay for the construction of Warrior Drive to enhance this developer's project. Members of the Commission noted that the open space area designated on the plan exceeded the 15% allowable minimum and they asked the design engineer to comment on this. Mr. Maddox said that some of the open space area is designated forroad efficiency buffers, some for wetlands, and there are central drainage areas that they wanted to avoid. Mr. Maddox said that various land bays are also linked by bicycle and pedestrian facilities through the open space area. Coninnssion members felt the design engineer should minimize the amount of open space designated on the plan, without increasing residential density; and if that amount was exceeded through development, the applicant would not have to resubmit a revised plan. Members of the Commission also discussed vehicular traffic patterns that would take place prior to the completion of Warrior Road. It was assumed that traffic would use Aylor Road as the main route north and south, or possibly White Oak Road or Route 636. A question was also raised about whether consideration was given in the WATS Plan to the 1,100 additional residences on the Aylor Road and Fairfax Pike intersection. The staff advised the Commission that this property was already zoned when the WATS land use projections were done; therefore, the density was accounted for. development. There was also some discussion on how this development differentiated from a PUD Zoning Members of the Commission conunended the developers and the engineers for working together • on this project and submitting the master plan as one cohesive effort, The Plamring Commission appreciated the opportunity of reviewing the master plan comprehensively. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #004 -98 of Tasker Road Land Bays 1 -9 with a proviso that a phasing plan be provided before the plan is considered by the Board of Supervisors, that the open space be shown on the plan as 15% with no increase in density, that approvals are received from all review agencies, and that all continents of the staff, the Planning Commission, and the Board of Supervisors are adequately addressed on the final plan. DISCUSSION ITEMS DISCUSSION OF PROPOSED AMENDMENT REGARDING WOODLANDS AND STEEP SLOPES Mr. Eric R. Lawrence, Zoning Administrator, said that the staff and the Development Review & Regulations Subcommittee (DRRS), with assistance from members of the design and development community and Frederick County's Engineer, Ed Strawsnyder, have concluded their study of the Woodlands and Steep Slope portions of the Zoning Ordinance. Mr. Lawrence first summarized the woodlands preservation proposal. He said that within commercial and industrial districts, the percentage of required Woodlands preservation (25% -100 %) E Frederick County Planning Commission Minutes of June 17, 1998 Page 222 -7- would be eliminated; and, as an incentive to protect woodlands, a sliding scale will be used whereby the open • space requirement is reduced with increased preservation of woodlands. Mr. Lawrence said that a similar sliding scale will be used within the residential districts; however, instead of a 100% woodlands disturbance allowance, woodlands disturbance is limited to 75 %. He explained that if a developer preserves more than 25% woodlands, a credit is allowed towards reducing the open space requirement. He added that open space in residential districts will be allowed to be reduced only to 30 %. Moving on to the steep slopes disturbance proposal, Mr. Lawrence said that steep slopes are now defined as those areas with a slope of 15% or greater. Mr. Lawrence said that the proposal is to increase the definition of steep slopes to those areas containing 25% or greater steep slopes. He stated that the County Engineer believes this will not be a problem, as long as the area is designed correctly. Mr. Lawrence said that the opportunity to disturb even steeper slopes would be available, provided that engineered site plans are submitted to the County Engineer and approved. Members of the Continission questioned whether or not the use of percentage figures was the best way to refer to the degree of slopes. County Engineer, Ed Strawsnyder, didn't see any problems with using this designation. Members of the Commission felt the increase to 25% for the steep slopes definition was still a quite conservative figure and felt comfortable with the change. Commissioners also felt that the staff had done a goodjob putting the amendments together. They believed it was a great improvement over the current standards and the revisions placed challenges on the developer to design good plans by giving the developer some latitude and leeway to be creative. Commission members agreed that the staff should schedule the amendment for public hearing. DISCUSSION ON THE STATUS OF THE SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT COMMISSION Mr. Kris Tierney, Planning Director, said that the Shenandoah Valley Battlefields National Historic District Commission (Battlefield Commission) was established in 1996 by legislation that was passed as part of the Omnibus Parks and Public Lands Management Act. Mr. Tierney said that this legislation established a 19- member commission made up of representatives throughout the Valley and its primary task is to develop a plan for the preservation and management of historic and cultural resources throughout the Valley. Mr. Tierney said that the Battlefield Cormmission has met monthly and has attempted to lay the groundwork for the rules and operating procedures of the conunission itself. He said that bylaws, a budget, election of a chamnan and vice- chairman, and establishment of committee structures have all been accomplished. Mr. Tierney stated that ajob description for an executive director has been drafted, the position advertised, and interviews are scheduled for Monday, June 22. He commented that over 100 applications were received from all over the country. Mr. Tierney continued, stating that this is a very ambitious project and the Battlefield Commission's goal is to prepare a plan for the preservation, maintenance, and management of the sites throughout the Valley. He said that the Federal Government is funding the Battlefield Commission $250,000 for administrative fees per year, which includes hiring staff and leasing office space. He said that a post office box has been established in New Markel and there is an agreement in principle with V.M.I. to lease office space at the Hall of Valor in New Market. It is anticipated that this will be a formal lease agreement by July 1, 1998. Mr. Tierney reported that beginning this Friday, the Battlefield Commission will have a three -day tour of all the battlefields up and down the Valley. • Frederick County Planning Commission Minutes of June 17, 1998 Page 223 Mr. Tierney wanted the Planning Commission and the Board of Supervisors to know that this • Commission exists and that the Battlefield Commission could have a significant impact on Frederick County, depending on the proposed plan and how it is put together. He said that the Battlefield Commission's Out -Reach Committee will be becoming active in the upcoming months and he hoped the Planning Commission would meet with them first -hand; lie said that an integral part of the project will public participation. Mr. Tierney concluded by saying that as Frederick County's representative on the Battlefield Commission, he hoped to keep the Planning Commission informed of whatever activities take place and to make sure the Planning Commission's voice is heard in terns of how the plan develops. No further business remained to be discussed and the meeting adjourned by unanimous vote. Respectfully submitted, • V kris C. Tierney, ecrcta 0J Charles S. DeHaven, Chairman (Jr.) Frederick County Planning Commission Minutes of June 17, 1998 Page 224