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PC_07-01-98_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 July 1, 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; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; Roger L. Thomas, Opequon District; and Vincent DiBcnedctto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planncr 11; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHavcn accepted the report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver reported that the CPPS will be having a joint work session with the Board of Supervisors Wednesday, July 8, 1998 from 6:00 - 7:00 p.m. in the Board Room to discuss the Souther Frederick Land Use Study. • Frederick County Planning Commission Minutes of July I, 1998 Page 225 -2- Economic Development Commission (EDC) 40 Mr. Romine reported that the EDC is working on four issues from the retreat: 1) economic direction from the City and the County; 2) redevelopment of the downtown area; 3) work force development for the City and the County relationships; and 4) water and sewer delivery. CITIZEN COMMENTS Mr. Michael Milam, owner of Milam's Landscape and Garden Center located at 2186 Northwestern Pike in Frederick County, stated that as of today, he has complied with all County requirements and has been issued a conditional use permit. Mr. Milan thanked the Planning Commission and Planning Staff for their time and patience; he said it was a long, expensive process, but it has now been completed. PUBLIC HEARING Rezoning Application 010 -98 of W. S. Frey, Inc. (Cedar Land Co., L.C.), submitted by G. W. Clifford & Associates, Inc. to rezone 31.74 acres from RA (Rural Areas) to EM (Extractive Manufacturing) District. This property is located approximately 1,600 + feet east of the intersection of Martinsburg Pike ® (Rt. I IN) and Walters Mill Lane (Rt. 836), and is identified with Property Identification Number 44 -A -96 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that there were no significant issues raised by any of the reviewing agencies. He said that the 31.74 acres proposed to be rezoned are part of a larger tract which is comprised of 121 acres; this acreage is located in the Frederick County Sewer and Water Service Area and is also part of the land that was studied and ultimately placed into the Route I 1 North Corridor Plan, which depicts this area for future industrial use. Mr. Wyatt stated that potential impacts resulting from the expansion of the use would be the necessitation of the relocation of Walters Mill Lane (Rt. 836) and the potential for additional generation of noise and dust. Mr. Wyatt said that the applicant has proffered to relocate Walters Mill Road, as required by VDOT, and has proffered no access to Rt. 836 by W.S. Frey Company vehicles. He said that the applicant has submitted an addendum to the original proffer statement which prohibits habitable structures from being constructed on the 31.74 acres and prohibits the addition of any new entrances on Route 836, along the subject acreage. Mr. Wyatt reported that the W.S. Frey Company is subject to pernutting through the Division of Mines, Minerals, & Energy (DMME), as well as the Department of Environmental Quality (DEQ) to ensure compliance with dust and noise regulations. Mr. Stephen M. Gyarisin with G. W. Clifford & Associates, the design engineering firm for this project, introduced himself and Mr. David Frye, the owner of the quarry operation, and Mr. Mark Georgiana, • Frederick County Planning Commission Minutes of July 1, 1998 Page 226 -3- Plant Manager. Mr. Gyurisin said that no significant changes are planned for the existing operation, other than its extension southward. Mr. Gyurisin spoke about their plans for designing and construction of the road relocation and benning the quarry operation. He informed the Commission that the proposed site is 1,800'- 2,000' from the nearest residence, which is the Roberts' house at the entrance of Walters Mill Lane. He said that the existing traffic on Walters Mill Road is low, with about 76 vehicles per day, and serves five houses and a kennel (Aberdeen Acres). Mr. Gyurisin believed that relocation of the road will facilitate traffic flow, by improving access, by improving the ability of the residents to use their property, and may improve the value of the land. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Ross Ebersole, owner of Aberdeen Acres, began his statement by voicing his support for the Frey Company's quarry expansion project. Mr. Ebersole then proceeded to tell the Commission about his work experience before owning Aberdeen Acres, in which he was employed by companies which specialized in automating industrial and mining processes. He said that he was very familiar with mining operations, along with their impacts on the environment and adjoining properties; and, he stated that mining is an extremely dirty, dusty, and noisy process which, in almost all cases, leaves long -term detrimental scarring on surrounding areas. Mr. Ebersole said that he contacted a real estate appraiser from Reston to solicit guidance regarding the anticipated impact of the expanded mining operation on his commercial property and it was calculated that he would experience a monetary loss in excess of $120,000. He stated that other property owners surrounding the quarry expansion could also expect sinular decreases in their property values. Mr. Ebersole continued, stating that Frey Company representatives met with adjoining property owners last evening; however, they continue to be vague on details about the location of the road and the amount of extra noise, dust, and vehicular traffic that is anticipated. Mr. Ebersole believed the adjoining property owners had a right to know how their properties and the environment will be impacted. He requested that the Planning Commission delay voting until all of the • neighbors' concerns were addressed, until the Frey Company had completed preliminary engineering studies and submitted plans for approval, until VDOT and the County agreed on what portion of the road would be upgraded and who will pay for it, and, until it was determined if any homes along Walters Mill Lane would be condemned during road construction. Ms. Tina Funk, representing her parents T. Earl and Hazel T. Haines, adjoining property owners, remarked that they already experience considerable dust and window- shaking, and her parents had to install a new water system because they suspect their well may be cracked. Ms. Funk said they are farmers- -her family owns cattle, horses, and hogs - -and they are concerned about environmental issues, such as water pollution to Hot Run Spring and the affects of limestone dust on their livestock. She was concerned about who would be responsible for the pollution and land depreciation. Ms. Tina Bragg, resident along Walters Mill Lane, stated that the quarry expansion will also affect residents on Gun Club Road and she believed those residents should also be contacted. Ms. Bragg said that the Frey Company representatives assured the residents there would not be any increase in noise or dust, however, Ms. Bragg didn't agree because it would take some time to actually dig a hole. She said that there's going to be some surface mining going on for a while and this activity would contribute to additional noise and dust for the neighbors. Ms. Bragg raised the subject of the relocated road paralleling the existing railroad tracks and she was concerned that the proposed 200' between the road and the tracks was not enough separation to provide safety. In addition, Ms. Bragg asked for clarification on the road surface and whether it would be hard - surfaced or tar and chip; and, she inquired if VDOT would improve the remainder of the road, at least to the end of state maintenance. Frederick County Planning Commission Minutes of July 1, 1998 Page 227 -4- Mr. Gregory G. Roberts, adjoining property owner, also inquired about plans for the remaining • section of road, between Route I 1 and the relocated portion, and how the road would be surfaced. Mr. Roberts mentioned that at one section of Walters Mill Lane, his kitchen is a mere 15' from the center of the road, while his well is approximately l5' -20' away. He said that he realized when he moved into the house that the road may someday have to be upgraded and he wondered whether the road could be widened from the other side. Mr. Roberts continued, stating that as far as environmental impact or damage, his property is sitting on top of a fault. He said that if the quam expansion would cause physical damage to anyone's home, it would be his and the Frey Company assured him that their insurance would cover the liability. Mr. Alan N. Cutshaw, adjoining property owner, said that he was concerned about vibration and its cumulative effect on the foundation of his home and the ability of his lake to hold water. Commissioner Miller addressed the road issue for members of the public; he said that Frederick County does not own any roads - -roads are either "state - owned" or "privately - owned." Commissioner Miller stated that if a state - maintained road has 250 trips per day or less, it is only required to have a tar and chip surface; it is not required to have bituminous concrete (black top). He explained that the base of the road is essentially the same, however, the surface can be different. Connnissioner Miller said that Frederick County does not make that decision, it is made by VDOT. Mr. Gyurisin returned to the podium and addressed the concerns raised by the citizens. Commissioner Miller believed that if the property is rezoned, it should be stipulated that no mining of limestone will occur until Walters Mill Lane (Route 836) was relocated; that assurance be given by the W. S. Frey Company that they will initiate and complete the road abandonment procedure alter relocated • Route 836 is constructed; and, that assurance be given to Mr. Roberts that the road will not be moved closer to his house. Commissioner Morris staled that with this request, he sees tremendous advantage to one property owner and many disadvantages for multiple property owners. He noted that the disadvantages expressed seem not so much in opposition to the expansion of the mining operation, but are for sonic simple assurances up front. Chaim>ut DeHaven did not believe it was within the Planning Commission's power to give Mr. Roberts assurances on where the road right -of -way would come from. He did believe that most of the concerns expressed by the citizens are addressed by the DEQ's and the DMME's permitting process and yearly inspections. The majority of members believed that the request to rezone the additional 34.71 -acre area was appropriate, provided that the applicant address the issues raised. It was noted that the quarry has been at this location for more than 30 years; and, considering the existing size and scope of the quarry, which is almost two miles long, they are only requesting an additional 500' -600' to expand operations for a few more years. As far as the road was concerned, Commission members noted that the quarry cannot move forward without VDOT's approval and VDOT cannot move forward Nvithout the County's approval. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That die Frederick County Planning Commission does hereby recommend • Frederick County Planning Commission Minutes of July 1, 1998 Page 228 5- approval of Rezoning Application 4010 -98 of W. S. Frey Company, Inc. to rezone 31.74 acres from RA (Rural • Areas) to EM (Extractive Manufacturing) with a recommendation to the Board of Supervisors that they request that VDOT improve Walters Mill Lane (Route 836) from Route I 1 to the Frye property line, at which point the W.S. Frey Company will be responsible for improvements. The vote on this recommendation was as follows: YES (TO APPROVE) Miller, Romine, Marker, Copenhaver, Light, DcHaven NO: Morris (Note: Mr. Wilson, Mr. Stone, Mr. Ours, and Mr. Thomas were absent from the meeting.) DISCUSSION OF SITE PLAN 9032 -98 OF KENTUCKY FRIED CHICKEN Mr. Michael T. Ruddy, Planner 11, said that at the Planning Commission's meeting on June 3, 1998, the Commission requested that the pending site plan for Kentucky Fried Chicken (KFC), proposed for the Fox Drive area, be presented to the Commission for formal review and to allow citizens impacted an opportunity to review the plan. Mr. Ruddy said that the applicant has addressed all review agency comments. Commissioner Miller said that he requested that this site plan be brought before the Conunission because of the telephone calls he received from concerned citizens who live in the Foxridge townhouses. Commissioner Miller did not see any problem with the entrance into the proposed KFC off Foxridge Lane, however, his concern was the eventual construction of Foxridge Lane as a state- maintained road back to the perimeter of the property. He said that he realized the road cannot be taken into the State's system at this particular time, but there needs to be some commitment from the developer of this parcel, and future developers along this lane, to participate in the completion of Foxridge Lane as a state - maintained facility. Mr. Tierney said that the KFC parcel is part of the entire remaining tract of land behind the Sheetz convenience store. He stated that there is a note on the site plan which stipulates that at the time the KFC parcel is severed from the rest of the parent parcel or at the time of any future development on the parent parcel, the road will have to be built and/or bonded back to the property line. Chairman DcHaven was concerned how the developer of the KFC parcel planned to construct the approved geometry and the continuation of Foxridge Lane without eliminating the drainage casement and the buffer that they were proposing to install during this phase of development. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., the design engineers for the KFC project, assured the Commission that the roadway and drainage could be accomplished without affecting the integrity and workability of the parking lot for the KFC restaurant. He added that the drainage may have to go underground at that point. Mr. Ron Wooley, a resident of the Foxridge development and spokesperson for the 28 homeowners in Foxridge, stated that from the onset, the homeowners believed Foxridge Lane was a private drive Frederick County Planning Commission Minutes of July 1, 1998 Page 229 6- for their development and have maintained the road as such. He said that they had not realized this was a right- of-way for future development. He stated that Foxridge residents were concerned about their children's safety- - this road is presently a school bus stop, and they are concerned about the additional traffic. Mr. Wooley inquired if the KFC could be accessed from Fox Drive, rather than Foxridge Lane. Mr. Wooley also inquired about how the road would work when additional development goes in behind KFC. It was explained to the residents that direct access to Fox Drive is impossible, because the zoning ordinance's spacing requirements cannot be met. Mr. Ruddy stated that development plans are currently underway for the expansion of the Food Lion and the addition of some retail spaces within the shopping plaza. He said that VDOT, in coordination with that site plan, is obtaining right -of -way for three -lane improvements to Fox Drive, and continuing to the intersection with Rt. 522. Mr. Ruddy said that VDOT is addressing at this time, not only the development of the KFC, but the development that is occurring on the other side of the road, to make a safe and improved situation along Fox Drive and its intersection with Route 522. No action was needed or taken by the Planning Commission at this time. PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN FREDERICK COUNTY AND STEPHENS CITY • Action - Unanimously Endorsed Mr. Kris C. Tierney, Planting Director, stated that at the June 16, 1998 meeting of the Joint Stephens City/ Frederick County Planting Committee, a determination on a boundary line adjustment proposal was reached that was acceptable to both the Town representatives and County representatives; and, the Committee is now prepared to recommend to both governing bodies that they proceed with the proposed boundary line adjustment. Pointing to a map, Mr. Tierney explained that the adjustment involves an area along Fairfax Pike, in the vicinity of the lime kiln and the quarry, and an area north and cast of the current town boundary, which contains a small sliver of laid currently located within the County, but lying between Route 81 and the eastern edge of the town, that would be conveyed to the Town. He said that a small area at the comer of Springdale and Passage Roads, currently in the Town, would go into the County. He said that the net acreage change would result in approximately 350 acres being added to the Town. Mr. Tierney said that the Commissioner of Revenue's Office has analyzed the proposed change and concluded that there would be no significant impact to the County's tax base. He said that if the County agrees to pursue the adjustment, the Town's attorney will draft an agreement which would be reviewed by the county attorney. He concluded by saying that details of the arrangement would need to be worked out, including surveying portions of the area intended to be transferred. Members of the Commission inquired about the pursuit of a boundary line adjustment versus an annexation and whether or not public hearings would be held. is Frederick County Planning Commission Minutes of July 1, 1998 Page 230 Mr. Tierney explained that there are a number of ways for a town to change its boundary; the • mutual boundary adjustment, which is what is being pursued, is a fairly simple process. He said that the town draws up a proposed agreement, the county attorney reviews it, and it's forwarded to the courts for approval. He said that it is essentially a friendly process and low cost, relative to protracted court hearings that might be more typical of an annexation or a contested adjustment. Stephens City Town Mayor, Ray Ewing, stated that the Town has had several concerns for a number of years; in particular, a boundary line adjustment in order to increase the Town's tax base and to provide more room for commercial and industrial economic development; and secondly, groundwater protection. Mayor Ewing believed that both of these issues were being addressed with this boundary line proposal. He said that with this adjustment, the town would be encompassing land enabling them to design a groundwater protection ordinance contained wholly within the Town. Another issue of concern raised by Mayor Ewing was the impact of growth and development on their Historic District which has been recognized by the Department of Historic Resources and the national historic register. Mr. Stephen Chadwell, part owner of a 120 -acre farm bordering Valley Pike and the CSX railroad, stated that 13 of his 120 acres is currently located within the Town of Stephens City and approximately 1/3 of their property will be affected by the boundary line adjustment. Mr. Chadwell said that not only have they paid taxes to the County for over a quarter century, he believed the County was in a better position to manage the area. He added that the road changes proposed in the WATS Plan would result in improvements that would help Stephens City with their issues. Mr. Chadwell concluded by saying that the owners of the Chadwell property are totally opposed to any changes that would affect their real estate along Valley Pike and the CSX. Mr. Michael Kehoe, Stephens City Town Administrator, said that there are no areas for Stephens • City to expand commercially, because of Stephens City's established historic areas and agricultural district. Mr. Kehoe assured the Commission that the development of the areas anticipated as expansions will be a cooperative venture between the Town and the Couny; any rezonings that occur would fall under the proffer system and Frederick County would have input on impacts to the school system. Mr. Kehoe continued, slating that he was recently appointed to the Advisory Council on the Economic Development Commission (EDC) and they are working closely with the EDC to ensure that Stephens City is recognized as an economic development area, not only for its historic resources, but for the railroad system and tourism as well. He believed that the entire package being assembled will be beneficial for Frederick County, Stephens City, and property owners. He noted that part of the responsibility of the Commission on Local Government is to make sure all governments are strong within the Commonwealth, including towns. He said that throughout the Slate, towns are having to expand to compete with outside growth. Members of the Planning Commission were in favor of the boundary line adjustment proposal and believed it to berm the best interest of the Town of Stephens City. They were comfortable that the proposal did not involve farmland to the west or areas south of I -81 and considered this to be a minor boundary line adjustment. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby forward the proposed boundary line adjustment between Frederick County and Stephens City, as presented by the Joint Stephens City/ Frederick County Planning Committee, to the Board of Supervisors with a unanimous recommendation of approval. 11 Frederick County Planning Commission Minutes of July I, 1998 Page 231 es • OTHER INFORMATIONAL ITEMS Woodlands & Steep Slopes Amendments Mr. Eric R Lawrence, Zoning Administrator, said that the Development Review & Regulations Subcommittee (DRRS) forwarded die proposed woodlands/steep slopes amendment to the Planning Commission in June as a discussion item and the Commission recommended that it be brought back for public hearing. Mr. Lawrence said that the staff has been examining the terminology and is somewhat uncomfortable with some of the wording in the "Bonus Section." He asked for the Commission's permission to take the amendment back to the subcommittee in order to fine -tune the wording. The Planning Conwussion fully supported the concept of the amendment and had no problems with having it presented back to them as a public hearing item, if all that was done was grooming of definitions. Chairman DeHaven directed Mr. La% %TepCe to let the DRRS decide whether or not it comes back to the Commission for discussion or public hearing. American Planning Association Memberships for Plannin¢ Commission • Mr. Kris C. Tierney, Planning Director, asked the Commission if they were interested in renewing their membership to the American Planning Association (APA). Members of the Commission felt that the APA was an organization for professional planners and although the journal contained some articles of interest, they were not certain of the personal benefit to those at the non - professional level. In light of the renewal fee ($71.00 per member), the Commissioners instructed the staff not to renew die membership. Conuiussion members stated that the Virginia Certified Planning Association (VCPA) membership, however, was tailored to non - professional planners, and interest was expressed that Commissioners remain members of that organization. • Frederick County Planning Commission Minutes of July I, 1998 Page 232 9- ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by Respectfully submitted, i C. Ticme rcta z a Q 9 Charles S. DeHaven, Jr., Chairman • • Frederick County Planning Commission Minutes of July I, 1998 Page 233