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PC_11-04-98_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 November 4, 1998. PRESENT: Charles S. DeHaven, Jr., Chairma 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; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Richard C. Ours, Opequon District. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 7, 1998 Upon motion made by Mr. Romme and seconded by Mr. Light, the meeting minutes of October 7, 1998 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of November 4, 1998 Page 267 -2- Sanitation Authority (SA) - 11/03/98 Mtg. Mrs. Copenhaver, Planning Commission's liaison to the SA, reported that the SA discussed the placement of the water storage tank, however, no final decision was made at the meeting. She also reported that the 37 interchange at the hospital is being bid this month. PUBLIC HEARINGS Rezoning #015.98 of Jack K, Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672), and is identified with P.I.N. 33- A -164D in the Stonewall Magisterial District. Action - Tabled for 30 Days Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. In conclusion, Mr. Wyatt pointed out that a number of issues pertaining to the Comprehensive • Policy Plan and review agency comments remain outstanding at this time and have not been adequately addressed by the applicant. He said that issues pertaining to future transportation improvements, appropriate buffers and screening, the type and intensity of uses, and the provision of adequate infrastructure are critical and should be addressed at the time of rezoning. Mr. Wyatt said that it was the staff's belief that these issues have not been adequately addressed at this time. Referring to the staff comments concerning the need for a future collector road and the four - Inning of Route 11, members of the Commission asked the staff where the anticipated collector would go and to explain the need to four -lane Route I 1 with this rezoning. Mr. Wyatt said that the Route I I Land Use Study states that in order to link uses throughout the corridor, instead of having multiple businesses front on Route 11, there should be a series of collector roads that would go through the properties and connect at signalized interchange areas along Route 11. He said that this property is actually the northernmost spot in the land use study which calls for a signalized intersection between this property and a major collector on the east side. Mr. Wyatt pointed out that the Winchester Area Transportation Study and the land use study adopted for this area both call for the four -laning of Route 11. Mr. Wyatt noted that there is an increased traffic potential with any rezoning and he added that a dedicated right -of -way is normally desirable. Mr. Mark Smith with Greenway Engineering, the design engineers for this project, explained that Mr. Wampler has an existing business on Route 1 I and would like to create a better site, with improved visibility and aesthetic appeal. Mr. Smith presented copies of a revised proffer statement to the Planning Commission and reviewed the revisions with the Commission. Those revisions included a buffer with an evergreen screen for the B3 -zoned area to satisfy concerns of Frederick County Public Schools; a 100' buffer with a 6' high berm and evergreen screen for the 112 -zoned area to mitigate viewshed impacts to the L.O. Dick House; • Frederick County Planning Commission Minutes of November 4, 1998 Page 268 -3- an archeological survey to be conducted prior to future site development as requested by the HRAB; agreement • to pay, in whole or in part, improvements required by VDOT; and finally, the monetary contribution for impacts to fire and rescue services was increased and exceeds the amount designated in the Capital Facilities Impact Model. Chairman DeHaven called for public comments and the following person came forward to speak: Dr. Raymond Fish, adjoining property owner, came forward to speak in favor of the requested rezoning. He did not believe the proposed use would distract from the historic nature of the property. Members of the Commission preferred only two entrances on Route 11, instead of the three proposed, due to traffic coming from the adjacent park and school. It was noted that two entrances would be more in line with the land use plan for this area. Chairman DeHaven conferred with Mr. Jay Cook, legal counsel, about the propriety of taking action on the rezoning in light of the revised, unsigned proffer statement submitted by the applicant. Mr. Light moved to table the rezoning for 30 days pending proffer acceptance by the County. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #015 -98 of Jack K. Wampler to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas) to B2 (Business General) for 30 days, pending acceptance of the revised proffer statement by the County. Rezoning Application 4016 -98 of J. Carson Cline Estate, submitted by Greenway Engineering, to rezone 4.70 acres from RP (Residential Performance) to B2 (Business General). This property is located on the north side of Fairfax Pike (Rt. 277), approximately 0.11 miles west of Warrior Drive, and is identified with P.I.N. 86 -5 -F in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Director, read the background information and review agency comments. Mr. Wyatt said that the applicant's impact analysis statement does not address the corridor improvements called for in the WATS and the Eastern Road Plan. He also noted that the applicant's proffer statement does not attempt to mitigate transportation issues other than limited commercial entrance development. Mr. Wyatt advised the Commission that a land use plan has not been approved for the Fairfax Pike corridor, therefore, there is no clear direction in the Comprehensive Policy Plan regarding this application. Mr. Mark Smith with Greenway Engineering, the design engineers for this project, said that the owner of this property has passed away and the executor of the estate, Mr. Charles Boyd, is carrying out his duties to disperse of the estate. He said that Mr. Boyd has spoken with the adjoining property owners and they do not have a problem with the rezoning of this property. Mr. Smith predicted the future rezoning of adjoining Parcels G, H, and E, after the rezoning of this parcel, Parcel F. Mr. Smith said that he used the standard buffering • Frederick County Planning Commission Minutes of November 4, 1998 Page 269 -4- required in the code between residential and commercial uses. Regarding the transportation issue, Mr. Smith said they they revised the proffer to meet VDOT's recommendations. Members of the Commission raised concern about the ability of Route 277 to accommodate the additional traffic that would be generated at this location by a commercial use. Mr. Smith believed there would not be a significant increase with this particular parcel; however, if and when this corner develops into a commercial area, he said that traffic will be an issue. Mr. Smith said that Route 277 is a top priority for traffic studies to be done; he said that once the study has been completed, all the properties involved will have to share the burden as far contributing to widening and dedication of right -of -way. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. John B. Shitllctt, adjoining property owner on Route 277, said that he lives on the south side of the Cline Estate, and his son's property adjoins it on the north side. Mr. Shifflett said that neither he nor his son have any objections to the proposed rezoning to B2. Mr. Shiftlett added that a lot of the traffic is generated by the school and the school needs to do their part. Mr. Robert C. Pownall of White Post said that his concern was the numerous vacant business - zoned areas west of this property. Mr. Pownall said that if all of these areas develop commercially, not only will Route 277 need improvements, but Tasker Road may also have to be four -laned as well. Mr. Charles Boyd, the executor of the estate, introduced himself to the Commission. There was some discussion by members of the Commission concerning the precedent- setting • situation that would be created by rezoning this parcel and at what point the domino - effect would stop. Some members also had concerns about the numerous areas of vacant B2 and the impact to traffic when all of these areas eventually develop. While some Commission members voiced concern about placing a commercial zoning in the middle of so much existing residential development, others did not believe this was an appropriate location for additional RP -zoned property and believed a commercial zoning here was appropriate. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #016 -98 of J. Carson Cline Estate to rezone 4.70 acres from RP (Residential Performance) to B2 (Business General), pending final review and acceptance of the proffer statement and other review agency comments, by the following majority vote: YES (To Aonrove) DeHaven, Wilson, Romine, Thomas, Stonc, Marker, Copenhaver, Light, Morris NO: Miller (Note: Mr. Ours was absent from the meeting.) • Frederick County Planning Commission Minutes of November 4, 1998 Page 270 -5- Rezoning Application #017 -98 of Gore School to rezone 3.29 acres from RA (Rural Areas) to B2 (Business • General). This property is located at 251 Gore Road (Rt. 751), and is identified with P.I.N. 28 -A -52 in the Back Creek Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the applicant planned to use the site as a self -service storage facility and has proffered out all other potential uses in the 132 Zoning District. He pointed out that the perpetual effect of a favorable action would be a specific commercial use on this site which is not water and sewer dependent and which has a reasonably low average daily traffic count. Mr. Wyatt stated that a monetary amount 17% greater than the amount demonstrated by the Capital Facilities Impact Model results was proffered by the applicant. Mr. Wyatt added that the applicant is willing to allow public access on the site for use as a neighborhood park, which would be maintained by the applicant. Mr. Wyatt suggested that the applicant provide additional information regarding facility security lighting and hours of operation. Mr. Michael B. Morgan, the owner and applicant, spoke with the Commission about his proposed operation. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. William Jeannette was not opposed to the rezoning, but had the following questions about the proposed use: 1) what would be the hours of operation; 2) would security lighting affect the neighbors; 3) will there be outside storage; 4) will the size of the individual interior units exceed the square footage allowed by the • zoning ordinance; 5) will the facility be completely screened according to the 132 Code requirements; and, 6) will lease agreements state that no hazardous materials are to be stored. Mr. Frederick S. Vondy, attorney, said that he spoke with several of the neighbors who were not in favor of the proposed use. Mr. Vondy expressed the following reasons for opposition: 1) its potential negative impact on the surrounding residential neighborhood; 2) vegetative or opaque fencing will not accomplish screening objectives because of the way the property drops off; 3) an additional self -service storage facility use will not benefit the community; 4) the use promotes the storage of drugs and other stolen items; 5) children playing in the park would be at risk because of strangers and outsiders coming to use the facility; 6) a B2 -zoned property in the middle of an RA -zoned area was not appropriate. Mr. Michael Morgan came forward once again to address some of the concerns raised. Mr. Morgan said that he could establish a curfew for hours of operation and was willing to work with the Planning Department on that issue; he planned to use sensor /motion lighting at the site to minimize the impact to neighbors; there would be no outside storage; all interior units are approximately 700 square feet and the larger auditorium would be sectioned off; all leases will dictate residential storage only, not commercial, and that no hazardous materials are to be stored; the use will benefit the community because of the business taxes he will pay; and finally, he believed that many of the uses normally permitted in a B2 zone, which he has proffered out, would be far more detrimental to the neighborhood than the proposed storage use. Commissioners were in favor of the rezoning with the proffers offered, as long as the issues raised were addressed. • Frederick County Planning Commission Minutes of November 4, 1998 Page 271 ril • Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #017 -98 of Gore School to rezone 3.29 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted, by the following majority vote: YES (To Approve) Stone, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris, Wilson NO: Miller (Note: Mr. Ours was absent from the meeting.) DISCUSSION ITEMS Request for a reduction in the entrance spacing ordinance requirements, Section 165- 29B(1), submitted by Mr. James Emmart of Emmart Oil Company for Bo's Belly Barn. The property is identified with P.I.N. 63 -A -66 and is located in the Back Creek Magisterial District. (This item was tabled from the Commission's October 21, 1998 meeting.) Action - Recommended Approval • Mr. John Lewis of Painter - Lewis, P.L.C., the consulting engineer, was present to answer questions from the Commission on the revised plan submitted for the Bo's Belly Barn site. Mr. Lewis stated that the entrance width was reduced considerably and the islands were re- oriented per the Commission's suggestions at the October 21, 1998 meeting. Members of the Commission spoke favorably of the revisions and noted that the revised plan was an improvement to the site and addressed part of the concerns raised by the Commission. It was pointed out by some members of the Planning Commission, however, that there was still a lot of activity taking place on this particular site for its small size and this was cause for concern. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the revised plan for a reduction in the entrance spacing ordinance requirement, Section 165- 29B(1), submitted by Mr. James Emmart of Emmart Oil Company for Bo's Belly Barn, by the following majority vote: YES (To Approve) Copenhaver, Marker, DeHaven, Wilson, Romine, Thomas, Stone, Miller NO: Morris, Light (Note: Mr. Ours was absent from the meeting.) F Frederick County Planning Commission Minutes of November 4, 1998 Page 272 7- Conditional Use Permit Application 4008 -98 of Meade's Family Day Home, submitted by Ms. 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. (This item was tabled from the October 7, 1998 meeting.) Action - Tabled for 30 Days Mr. Eric R. Lawrence, Zoning Administrator, stated that this item was tabled at the Commission's October 7, 1998 Planning Commission meeting in order to give the applicant the opportunity to address issues raised by the Fire Marshal. Specifically, those concerns were: 1) that the residence had no defined driveway and the closest road is approximately 150' from the dwelling, which would not allow adequate fire and rescue access; and, 2) the remains of a burnt -out dwelling exist on the property which presents a safety hazard for children and this should be secured or razed. Mr. Lawrence said that he was not aware of any action taken by the applicant to take care of the Fire Marshal's issues. Mrs. Shirley Meade, business partner and mother of the applicant, Ms. Winona M. Clark, showed a video of the property for the Commission's information. Members of the Commission asked Mrs. Meade if she had contacted the Fire Marshal. Mrs. Meade replied that she had not contacted the Fire Marshal because she did not see any reason why a fire and rescue vehicle could not easily access her property. Members of the Commission explained to Mrs. Meade that their interpretation of a "defined" driveway was one that was not grass- covered, and was located specifically on the Virginia side of her property; and this was required by the Fire Marshal in order to provide immediate access by fire and rescue vehicles. Members of the Commission also stated that the issue of the burnt -out dwelling needs to be addressed. They strongly suggested that Mrs. Meade get in touch with the Fire Marshal to work out these issues and Mrs. Meade replied that she would. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table for 30 days Conditional Use Application #008 -98 of Meade's Family Day Home, submitted by Ms. Winona M. Clark, for a day care facility, in order to give the applicant another opportunity to get in contact with the Fire Marshal and address the concerns raised. OTHER Chairman DeHaven said that during the October 21, 1998 discussion of the Zoning District Buffer Waiver Request by Greenway Engineering on behalf of the Abundant Life Christian Church, Mr. Gary Oates of Greenway Engineering presented copies of two letters from adjoining property owners, Ms. Robin Strosnider and Mrs. Bessie F. Combs. Chairman DeHaven asked if it was the Commission's desire to make those two letters a part of the official record. Upon motion made by Mr. Miller and seconded by Mr. Romine, the Frederick County Planning Commission unanimously agreed to make the two letters, one from Ms. Robin Strosnider and one from Mrs. • Frederick County Planning Commission Minutes of November 4, 1998 Page 273 -8- Bessie F. Combs, a part of the official record for the Abundant Life Christian Church's Zoning District Buffer • Waiver Request. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by Respectfully submitted, C. Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of November 4, 1998 Page 274