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PC_10-07-98_Meeting_MinutesMEETING MINUTES OF THE ® FREDERICK COUNTY PLANNING COMMISSION i Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 7, 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; S. Blaine Wilson, Shawnee District John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison 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 - SEPTEMBER 2,1998 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the meeting minutes of September 2, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the report for the Commission's information. O Frederick County Planning Commission Minutes of October 7, 1998 Page 247 2- ® COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/24/98 Mtg. Mr. Thomas, subcommittee member, reported that the DRRS discussed an amendment for an organization entitled, Outreach to Asia Nationals. Mr. Thomas said that this item is on the Commission's agenda for this evening. Comprehensive Plans & Programs Subcommittee (CPPS) - 10/05/98 Public Mtg. Mrs. Copenhaver, subcommittee member, reported that the CPPS held a public meeting on Monday evening concealing the Southern Frederick Land Use Study. Mrs. Copenhaver said the meeting was very well attended. She reported that additional meetings will be held on Saturday, October 10, and Monday, October 12. Transportation Committee - 10/06/98 Mtg. ® Mr. Thomas, committee member, reported that the committee discussed the modification to the Eastern Road Plan map, which is on the Planning Commission's agenda for this evening. Sanitation Authority (SA) - 09/15/98 Mtg. Mrs. Copenhaver, liaison, reported that the minutes for that meeting indicated a great deal of discussion concerning the water storage tank; also discussed was a request from Shentel to use the Greenwood water storage tank as a communications site. PUBLIC HEARING Conditional Use Permit (CUP) #006 -98 of Boyd L. Bloomer for a public garage without body repair. This property is located at 4784 Martinsburg Pike and is identified with P.I.N. 24 -A -9 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions \I J Frederick County Planning Commission Minutes of October 7, 1998 Page 248 -3- Mr. Eric R Lawrence, Zoning Administrator, reported that there were no outstanding review ® agency comments. He said the Health Department stated that only occupants of the house on the property are to be employed at the business and there are to be no outside employees; and secondly, the garage building is to be located no father towards the rear of the lot than shown on Mr. Bloomer's sketch because of encroachment on the drainfield. Mr. Lawrence stated that public garages without auto body repair are permitted in the RA Zoning District with an approved CUP 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. Mr. Lawrence said that the proposed budding is intended to be placed close to the southern property line, possibly impacting the adjoining property to the south. He added that the visual impact of the proposed garage may be mitigated with the assistance of a landscape screen. Mr. Lawrence read the staffs recommended conditions. Mr. Boyd L. Bloomer, the applicant, was present. There were no citizen comments. No areas of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #006 -98 of Boyd L. Bloomer for a public garage without body repair at 4784 Martinsburg Pike with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 3. Any proposed signs shall satisfy the Cottage Occupation sign requirement. 4. No more than five vehicles awaiting repair shall be located externally to the garage. Vehicles awaiting repair must be screened from the adjoining property to the south. Adequate screening will consist of evergreen trees (four -feet high at time of planting), planted no more than (8) eight feet apart. 5. No inoperative vehicles shall be allowed on the property at any time. 6. All review agency comments shall be complied with at all times. 7. Any expansion of the business shall require a new Conditional Use Permit. Conditional Use Permit #007 -98 of Ricky Lee Pitts for a public garage without body repair. This property is located at 4445 Back Mountain Road and is identified with P.I.N. 58 -1 -1 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner II, reported that the only outstanding review agency comment was from VDOT. He stated that VDOT had significant concerns with the sight distances at the entrance to the • Frederick County Planning Commission Minutes of October 7, 1998 Page 249 -4- property and could not recommend approval without the removal of vegetation along the Back Mountain Road • (Route 600) right -of -way. Mr. Ruddy explained that Mr. Pitts removed the vegetation and VDOT re- inspected the property, however, site distance remained an issue at the existing location. Mr. Ruddy said that VDOT is in agreement with relocating the entrance directly adjacent to the northern property line in conjunction with regrading the embankment to achieve minimum site distances. He said that these measures will satisfy VDOT's initial concern, however, the entrance will still need to be constructed to VDOT's minimum commercial standards. Mr. Ruddy continued, stating that public garages without 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 said that the requested activity will occur within an existing building which is adjacent to property owned by a hunt club. Mr. Ruddy explained that this property is heavily wooded; and, in addition, locating parts, equipment, and vehicles to the rear of the garage, and implementing required screening, will minimize the impact of any activity of the Pitts' site on the adjoining properties. Mr. Ruddy read the staffs recommended conditions, which included an additional condition concerning the relocation of the entrance. Mr. Ricky Lee Pitts, the applicant, was present. When asked by Chairman DeHaven if he was comfortable with the recommended conditions, Mr. Pitts said that he was. There were no public comments. No issues of concern were raised by the Commission. • Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #007 -98 of Ricky Lee Pitts for a public garage without body repair at 4445 Back Mountain Road with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 3. Any proposed signs shall satisfy the Cottage Occupation sign requirements. 4. No more than five vehicles awaiting repair shall be located externally to the garage. Vehicles awaiting repair must be located to the rear of the building. 5. No inoperative vehicles shall be allowed on the property at any time. 6. All review agency comments shall be complied with at all times. 7. Any expansion of the business shall require a new Conditional Use Permit. 8. The entrance to the garage shall be located adjacent to the northern property line and the embankment along Route 600 shall be regraded to accommodate the minimum sight distances required by VDOT. is Frederick County Planning Commission Minutes of October 7, 1998 Page 250 -5- Conditional Use Permit #008 -98 of Meade's Family Day Home, submitted by Winona M. Clark, for a day • care facility. This property is located at 150 Twine Lane and is identified with P.I.N. 26 -A -34A in the Gainesboro Magisterial District. Action - Tabled for 30 Days Mr. Eric R Lawrence, Zoning Administrator, stated that the Fire Marshal raised two significant concerns regarding the operation of a day care facility at this location: 1) The residence had no defined driveway and the closest road is approximately 150 feet from the dwelling; this would not allow adequate fire and rescue access. 2) Remains of a bumtout dwelling exist on the property which presents a safety hazard for children; this should be secured or razed. Mr. Lawrence said that day care facilities are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. He added that the staff believed that the establishment of the business would not have a negative impact upon the surrounding neighborhood. Mr. Lawrence stressed, however, that the issue at hand is the safety of the children utilizing the proposed facility, in light of the Fire Marshal's comments. Ms. Winona M. Clark, the applicant, and Mrs. Shirley Meade, Ms. Clark's mother and business partner, came forward to answer questions from the Commission. Commissioner Miller asked Ms. Clark what steps she had taken to take care of the Fire Marshal's concerns. Ms. Clark said that she had not yet pursued those. Commissioner Miller asked if there was anything in place to prevent children from going to the abandoned, bumed -out house. Ms. Clark replied, not at Us time, but she planned to fence the area. She explained that the abandoned, bumed -out house is approximately • 200 feet from the proposed day care residence. Mrs. Clark said that both the Gore Fire Company and the Capon Bridge Fire Company are within three miles on Route 50 and serve her residence. Commissioner Ours inquired if Ms. Clark had made application to the State Social Services agency for a license and if so, had she received the license yet. Ms. Clark replied that they had made application, but had not yet received a license. Commissioner Copenhaver said that the Health Department report stated that food service would be limited to snacks only; she asked Ms. Clark if she could elaborate. Ms. Clark said that the children will have to bring their own lunches, as she is not permitted by the Health Department to make lunches. Ms. Clark said that she will, however, provide wholesome snacks. In response to a question about the hours of operation, Mrs. Meade said they have not yet determined hours of operation; they were trying to determine community needs. Some Commissioners were also concerned about clients' vehicles creating a disturbance for adjoining residences. Ms. Clark said that vehicles coming and going would not be near enough to any residences to cause a disturbance. She explained that an automobile sales lot was across the front of the property, she lived to the rear, and the only other residence was a distance to the west. Commission members expressed concern that there were some loose ends dangling with this conditional use permit application. Mr. Miller moved to table the application for 30 days, until the concerns of the Fire Marshal were taken care of This motion was seconded by Mr. Wilson. E Frederick County Planning Commission Minutes of October 7, 1998 Page 251 BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, by a majority vote, • Conditional Use Permit Application #008 -98 of Meades' Family Day Home for 30 days in order to give the applicant an opportunity to satisfy the concerns of the Fire Marshal. This vote was as follows: YES (TO TABLE) Miller, Stone, Ours, Thomas, Romine, Wilson, Marker, Copenhaver NO: Light, Morris, DeHaven Rezoning Application #012 -98 of Thomas A Grove, submitted by Painter - Lewis, P.L.C., to rezone 6.08 acres from RA (Rural Areas) to MI (Light Industrial). This property is located on the south side of Airport Road (Rt.645) near the Winchester Regional Airport and is identified with P.I.N. 64 -A -39 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He stated that the property is located in the County's Urban Development Area and Sewer and Water Service Area, and is also identified in the Comprehensive Policy Plan as a component of the Route 50 East Corridor Land Use Study and as a component of the Airport Support Area. Mr. Wyatt said that the rezoning • is consistent with the policies established in the Comprehensive Policy Plan and is in conformance with the development patterns depicted in the Route 50 East Corridor Land Use Plan and the Airport Support Area. He added that the language within the proffer statement mitigates the impacts associated with this rezoning proposal. Mr. John Lewis of Painter- Lewis, P.L.C., the firm representing Mr. Thomas Grove, the owner, was present to answer questions from the Commission. There was some discussion between the applicant and the Commission concerning the amount of land the Winchester Regional Airport needs to relocate Airport Road (Rt. 645) as part of their ongoing land acquisition project. No other issues of concern were raised by the Commission. There were no public 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 Rezoning Application #012 -98 of Thomas A. Grove, submitted by Painter - Lewis, P.L.C., to rezone 6.008 acres from RA (Rural Areas) to MI (Light Industrial). • Frederick County Planning Commission Minutes of October 7, 1998 Page 252 -7- Rezoning #013 -98 of Curtis L. Braithwaite, submitted by Ebert and Associates, to rezone 38.867 acres • from RA (Rural Areas) to RP (Residential Performance). The parcels are located at 263 and 261 Sunset Drive, and are identified with P.I.N.s 65 -1 -B and 65 -1 -B1 in the Stonewall Magisterial District. Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He stated that the property is located within the County's Urban Development Area and the Sewer and Water Service Area. Mr. Wyatt said that the staff believes that the conditions specified in the applicant's proffer statement reasonably mitigate the impacts to adjoining properties, the impacts to the road systems and to County facilities and services; however, the proffer statement does not provide for the protection of the historic resource on this property. Mr. Wyatt noted that language could be incorporated into the proffer statement which would require property owners to obtain County approval if they desired to modify or raze the historic Ford - Braithwaite House. There were a couple concerns raised by the Commission concerning the proffer statement. One was whether the historic Ford - Braithwaite house could be placed on a separate lot, by itself, the second was that the proffer did not specifically state that the applicant would participate in the cost of a traffic signal at the Senseny Road - Sunset Drive intersection, but only that the applicant would execute an agreement with VDOT. Commission members believed that statement needed to be tied down. Another question raised was what improvements were planned for Sunset Drive. Mr. Wyatt stated that the applicant's general development plan indicates the Ford - Braithwaite House is to be placed on one of the 70 building lots; however, the issue is that there is no control to preserve it further than that. He said there was nothing to prohibit a subsequent property owner from modifying or razing in the structure. Mr. Norman Sparks, design specialist with VDOT, came forward to explain about the various agreements VDOT enters into with developers on co- sponsorships for signalization. He noted that the developer pays a percentage of the installation which is based on the volume of traffic. Mr. Sparks said that the existing pavement width on Sunset, which varies between 20' -22', would remain the same. He said that VDOT was only requiring a 2" plant mix overlay. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Michael E. Elder, a 24 -year resident of Sunset Drive, spoke of several concerns. He said that traveling west on Senseny Road, vehicles crest a hill directly before the Sunset Drive /Senseny Road intersection. Mr. Efller stressed that this was a bad intersection and he was concerned that the traffic signal would not materialize for five to ten years from now. His other concern involved fire and rescue; he said that presently, there are 40 homes along Sunset Drive and an additional 70 residences would present problems for fire and rescue vehicles and a safety hazard for children. Mr. Effler wanted to know if another access in and out of the property could be installed. Ms. Pat Shane, resident at the comer of Sunset Drive and Senseny Road, said that she was also concerned about traffic at this intersection. She likened the traffic on Senseny Road to that on Interstate 81. Mrs. Shane said that she has had vehicles end up in her front yard and she has to be very careful about backing out of her driveway. She was concerned about children getting on and off the school bus and she, too, inquired if • Frederick County Planning Commission Minutes of October 7, 1998 Page 253 -8- another access to the subdivision could be established. Mr. Charles E. Dunn, a 37 -year resident of Sunset Drive, was still hoping for a traffic signal at Greenwood and Senseny Roads and he said that many accidents have occurred here in the past year. He said that Sunset Drive cannot handle the existing traffic and he could not imagine adding 70 additional homes. Mr. Dunn said that a lot of children play along Sunset Drive and there should be a sidewalk for pedestrian safety. Mrs. Brenda Effler, resident on Sunset Drive, was concerned about safety for the area children, especially when they board and exit school buses. Mrs. Effler explained that school buses do not go down Sunset Drive; the buses unload children directly out on Senseny Road. Mrs. Effler asked if the Commission could wait for the results of VDOT's latest traffic study of the Greenwood intersection before approving these additional homes. Mrs. Patricia Dunn, resident on Sunset Drive, said that 35 years ago she tried to get the school bus to come down Sunset Drive for her child. She believed the reason they wouldn't was because the cul -de -sac was not large enough for buses to turn around. Mrs. Dunn was concerned that her property would become a short -cut for people from the new homes into her area. She suggested Sulphur Spring Road as a second access to the Braithwaite property. Mr. Charles Mason, resident at 181 Sunset Drive, spoke about the poor sight visibility on Senseny Road. He said that he was very concerned about the impact of additional traffic onto a road that was already too dangerous. Mr. Herbert Michael, a resident at the comer of Senseny and Sunset Roads, said that he met with • the school system's Superintendent of Transportation about getting the school buses to go down Sunset Drive. He said the Superintendent was concerned that a school bus would not be able to make the turn from Sunset out onto Senseny quick enough to avoid oncoming traffic. Mr. Michael also inquired about a possible access off of Sulphur Spring Road. Ms. Virginia Ballinger, a 29 -year resident of Sunshine Drive, said that she was nearly killed at the top of the Senseny Road hill. Ms. Ballinger stated that the street was not wide enough to handle the existing traffic, she felt there should be sidewalks, and she believed another access was necessary. Mr. Kenneth Webb, a 16 -year area resident, voiced his concern for the safety of children boarding and exiting school buses. He said that the volume of traffic on Senseny Road was the real issue. Ms. Jessica Meade, a two -year resident of Sunset Drive, was concerned about safety for the neighborhood children. Mr. Arthur Shane, resident at 103 Sunset Drive, regarded the Senseny Road/Sunset Drive intersection as one of the worst on Senseny Road and he agreed with the other citizens that it was not safe for school buses to stop here. Mr. Shane said that 70 additional homes will compound the problem. He added that there should be another access, if the development goes forward. Ms. Debby Harmon, a 20 -year resident of Sunset Drive, told the Commission that there are no speed limit signs or "children at play" signs posted along the road and she was worried about the safety of her children. She said that something needs to be done with the serious situation that exists now, rather than adding • Frederick County Planning Commission Minutes of October 7, 1998 Page 254 MIA to the problem. Ms. Carol Mezzatesta, a 29 -year resident of Sunset Drive, stressed to the Commission how dangerous the existing traffic situation was and she was concerned about adding 70 more homes. Mr. Benjamin Butler, attorney, stated that he, along with Michael M. Artz of Ebert and Associates, were representing Mr. Curtis L. Braithwaite, the owner. Mr. Butler said that they would proceed with placing the Ford - Braithwaite House on a plat as a separate lot specifying that it will not be modified or razed without Frederick County approval. With respect to the second access and some of the other details, Mr. Butler said that those issues would be adequately addressed at the site plan stage. Mr. Michael M. Artz with Ebert and Associates, the land surveyor representing Mr. Curtis L. Braithwaite, stated that they will incorporate a cul -de -sac into the subdivision large enough to accommodate a school bus tum- around. Mr. Artz explained that they do not have access to other roads through other adjacent properties in order to provide a second entrance to this subdivision. He said that as part of their master development plan, they are attempting to provide access to adjacent properties, in the event roads do get built, which would be to the south to Sulphur Spring Road, as well as to the east and west. Mr. Artz said that Mr. Braithwaite has agreed to work with VDOT to make the needed road improvements. One of the Commission's greatest concerns was the number of houses, existing and proposed, that would share just one entrance. A Commissioner noted that if there was an accident at the entrance to Sunset Drive, the street would be blocked, and it would be difficult to get a fire engine or ambulance back to the 150 houses. Members of the Commission were also opposed to development without the proper infrastructure available for support, which they believed was the case with this particular proposal in this area. They cited • insufficient roads and enforcement. Members of the Commission commented that they didn't think there was anything the developer could do to Sunset Drive that would mitigate the negative impact of putting 70 additional homes in that location. The conclusion of the Commission was that they could not support the rezoning proposal as it was presented. The staff noted that the County's Secondary Road Improvement Plan shows components of Senseny Road in phases to be improved; however, none of those phases are scheduled, and Senseny Road is not scheduled to be widened or tum -laned. Upon motion made by Mr. Ours and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Rezoning Application #013 -98 of Curtis L. Braithwaite, submitted by Ebert and Associates, to rezone 38.867 acres from RA (Rural Areas) to RP (Residential Performance). Rezoning Application #014 -98 of Gregory Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business General). This property is located at the intersection of Aylor Road (Rt.647) and Double Church Road (Rt. 641) on the west side of Aylor Road and along 1 -81, and is identified with P.I.N. 75 -A -51 in the Opequon Magisterial District. L Frederick County Planning Commission Minutes of October 7, 1998 Page 255 -10- • Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, said that approximately 81% of this parcel is currently zoned B2 (Business General) and can be legally developed for commercial purposes. Mr. Wyatt stated that the applicant has proffered to prohibit the construction of structures on the .149 -acre portion that is proposed for rezoning, as he plans to use the area for vehicular access and parking. He explained that potential impacts on adjoining properties from this use would be site lighting and vehicular headlight glare. Mr. Wyatt said that the Zoning Ordinance requires various methods of screening commercial uses and associated parking areas from residential properties, and establishes requirements to control lighting spillover onto adjoining properties. He added that the staff believed that the county site design requirements, coupled with the applicant's proffer statement, adequately mitigated the impacts associated with this rezoning proposal. Mr. Stephen M. Gyurisin with Gilbert W. Clifford & Associates, Inc., said that this property, as indicated by staff, is split - zoned. He explained that they would like to make this small, residentially -zoned portion commercial, so it is consistent with the remainder of the property. Mr. Gyurisin continued, stating that a buffer is required between the residential zoning and the B2 zoning and they would be faced with providing a buffer on their own property, between the residential zoning and the commercial zoning, as well as providing buffering to the adjoining properties. He said that this creates a substantial spacing problem for them to locate the entrance and driveway for the facility, as well as some parking. He stated that this was the primary reason for the rezoning. Members of the Commission inquired if the possible widening of 1 -81 would affect this property. Mr. Gyurisin replied that he spoke with VDOT about that possibility and it is unlikely that any widening of I -81 would affect the Gregory property. There were also some questions regarding site distances going north on Aylor Road. Mr. Gyrusin reported that they are currently dealing with those issues on their site plan and, in addition, • they will be dedicating right -of -way for the expansion of Aylor Road. Upon motion made by Mr. Routine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #014 -98 of Gregory Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business General) with the proffer submitted by the applicant. Proposed Modification of the Comprehensive Policy Plan, Eastern Road Plan Map, to relocate and revise the functional classification of existing and proposed collector roads between Valley Mill Road (Rt. 659) and Millwood Pike (Rt. 50). Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that at the Planning Commission's September 2, 1998 meeting, the staff brought forward a request that was presented by Mr. Mark Smith of Grcenway Engineering to modify a portion of the County's Easter Road Plan within the Comprehensive Policy Plan. Mr. Wyatt said that the Commission unanimously supported the modifications proposed, and felt it was E Frederick County Planning Commission Minutes of October 7, 1998 Page 256 -11- • a better plan than what was currently in the Comprehensive Policy Plan; however, they believed it was appropriate for the Transportation Committee to review the proposal and present a recommendation, before the Commission took formal action. Mr. Wyatt said that basically, the modifications eliminate double major collector roads within close proximity to each other. Mr. Wyatt said that at their October 6, 1998 meeting, the Transportation Committee recommended approval of the design submitted. Mr. Wyatt continued, stating that the staff requested the applicant to develop a scenario utilizing one major collector road through this area which would intersect with Berryville Pike (Rt. 7) and provide an analysis of this scenario compared to the initial proposal. Mr. Mark Smith of Greenway Engineering stated that after studying the "Alternate Two" plan requested by the staff, Greenway Engineering has concluded that the original proposed Eastern Road Plan modifications move and facilitate traffic in a more clear and concise method than the "Alternate Two" plan. Mr. Smith explained his analysis to the Commission. There were no public comments. Commission members again expressed their support and endorsement of the original modifications presented by Greenway Engineering. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously support and recommend approval of the proposed modifications to the Eastern Road Plan Map of the Comprehensive Policy • Plan to relocate and revise the functional classification of existing and proposed collector roads between Valley Mill Road (Rt. 659) and Millwood Pike (Rt. 50) as presented by Mr. Mark Smith of Greenway Engineering. UPDATE OF THE 1999 -2000 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Mr. Michael T. Ruddy said that the Transportation Committee held a public hearing on September 1, 1998 for the annual update of the Secondary Road Improvement Plan and they unanimously recommended approval as presented by staff. Mr. Ruddy reviewed the various sections of the plan with the Commission and pointed out noteworthy modifications. He added that representatives of VDOT were present to answer questions from the Commission. There were no public comments. Mr. Sager, Board of Supervisors' Liaison, wanted to know if the 1 -81 widening would hold up the scheduled improvements to Aylor Road. Mr. Norman Sparks, VDOT's Design Specialist, didn't believe that the 81 widening would stall the scheduled Aylor Road improvements in any way. Mr. Sparks explained that VDOT has a plan for the interchange at Stephens City and 81 will be widened on the median side through that area, which will reduce the impacts along Aylor Road. C J Frederick County Planning Commission Minutes of October 7, 1998 Page 257 -12- • Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 1999 -2000 Frederick County Secondary Road Improvement Plan with the major road improvement projects, the hard - surface road improvement projects, and the unscheduled and incidental construction, as submitted by staff and recommended by the Transportation Committee. UPDATE OF THE IMPACT' MODEL Action - Recommended Approval Mr. Eric R Lawrence, Zoning Administrator, presented the updated Fiscal Impact Model to the Commission, noting that the model has been updated and modified to more accurately project fiscal impacts on capital facilities the County may incur based on a proposed rezoning. Mr. Lawrence stated that this updating process began in mid- Spring when Mr. Phil Hammer of RER Economic Consultants, Inc. was selected to conduct the update. There were questions from the Commission about how money designated for fire and rescue is distributed. Mr. Lawrence explained that because of the necessity for accountability, fire and rescue proffer monies are collected by the Finance Department and distributed for fire and rescue projects. Members of the Commission spoke about the necessity to review and update the model on an annual basis. Mr. Lawrence said th • at W. Hammer has established a format whereby staff can determine what needs to be updated, making it much easier for an annual update to be accomplished. Mr. Eris Tierney, Planning Director, stated that the State Code places limits on the things localities can accept proffers for and in order to accept proffers, facilities have to be listed in the Capital Improvements Plan. He explained that the Impact Model attempts to get a handle on what the costs to the County are for various types of development for information purposes. Mr. Tierney said that this update is an improvement in that it allows the County to customize the input into the model, much more than in the past, to give a more realistic output in terms of what the real costs of the development are, based on its characteristics. There were no public comments. The Commission believed the update was a great improvement over the current model and they endorsed the model as presented by the staff. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously support the update to the Fiscal Impact Model and does forward a recommendation of acceptance as presented to the Board of Supervisors. • Frederick County Planning Commission Minutes of October 7, 1998 Page 258 -13- REQUEST FOR ZONING ORDINANCE AMENDMENT - OUTREACH TO ASIA NATIONALS Action - Recommended Denial Mr. Eric R Lawrence, Zoning Administrator, stated that staff had received a request to amend the Zoning Ordinance to consider allowing non -profit foreign aid organizational offices in the RA Zoning District. Mr. Lawrence said that the request was made by Mr. Otis Goodwin, Executive Director of Outreach To Asia Nationals (OTAN), which established itself in Frederick County in 1991 as a cottage occupation. Mr. Lawrence continued, stating that OTAN established an office in an existing garage, under CUP #009 -91, on OTAN property off Route 522 North. He said since that time, interest in OTAN has increased and OTAN feels than an expansion of its facilities is necessary to continue providing their services. Mr. Lawrence said that the Development Review & Regulations Subcommittee (DRRS) discussed this request at their July and August monthly meetings and those discussions concentrated on the allowance of `office" uses, whether non - profit or for profit, outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). He stated that the DRRS firmly believed that such a use would not be in compliance wth the County's Comprehensive Policy Plan, of which the UDA and SWSA are elements. Chairman DeHaven called for public comment, but no one came forward. Members of the Commission believed that office uses were not appropriate in the RA Zoning District and that this was clearly a B2 use. They could not support an ordinance change to accommodate this use and recommended to the Board of Supervisors that this not be permitted. • Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the request by Mr. Otis Goodwin, Executive Director of Outreach To Asia Nationals, for an ordinance amendment to establish an office in the RA Zoning District. OTHER Mr. Kris C. Tiemey, Planning Director, announced an upcoming public meeting concerning the Third Battle of Winchester to be held on October 27, 1998 at 7:00 p.m. at Redbud Elementary School. Mr. Tierney also noted that staff has begun preparations for the Commission's annual retreat and would like input from the Commission on the meeting format. Mr. Tierney said that the staff will be sending a survey to the Commission within the next week. • Frederick County Planning Commission Minutes of October 7, 1998 Page 259 -14- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:40 p.m. by unanimous vote. Respectfully submitted, C. Tien , ecr ary 00"'� A &.a �-- Charles S. DeHaven, Jr., Chairman • is Frederick County Planning Commission Minutes of October 7, 1998 Page 260