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PC_04-03-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on April 3, 1996. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; Robert A. Morris, Shawnee District; Jimmie K. Ellington, Gainesboro District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and George L. Romine, Citizen at Large. Staff present: W. Watkins, Director and Secretary; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; and Renee S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF MARCH 6, 1996 Upon motion made by Mr. Thomas and seconded by Mr. Marker, the minutes of the March 6, 1996 meeting were unanimously approved as presented. 4175 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Development Review & Regulations Subcommittee (DRRS) - 3/28/96 Mtg. Mr. Wyatt reported that the DRRS discussed several amendment requests by individuals and those will be brought to the Commission in the near future. Transportation Committee (CPPC) - 4/03/96 Mtg. Mr. Thomas reported that the Transportation Committee discussed the significant traffic problem occurring in Fredericktowne and Fredericktowne Estates resulting from the continual development behind Fredericktowne Estates. Battlefield Task Force (BTF) - 04/01/96 Mtg. Mr. Watkins reported that the BTF discussed ways to accelerate the Kernstown fund raising effort. Sanitation Authority - 03/21/96 Mtg. Mrs. Copenhaver reported that all of the Sanitation Authoritys projects are underway - -both the expansion of Parkins Mill and the 522 South Sewer Projects may be completed this month and the administrative building is to be completed by mid June. 4176 3 Winchester City Planning Commission Mr. DiBenedetto reported that the Planning Commission is working on a new zoning category dealing with the preservation of single- family neighborhoods and protecting them from encroachment of apartment conversions. PUBLIC HEARINGS: Conditional Use Permit Application #002 -96 of Robert E. Rose Memorial Foundation to operate a licensed home for adults and adult care facility. This property is located at 549 Valley Mill Road and is identified with PIN 55 -A -56 in the Stonewall District. Action - Recommended Approval with Conditions Mr. Miller gave the background information and review agency comments. Mr. Miller said that the proposed use falls under the category of convalescent and /or nursing home and is permitted in the RP Zoning District with an approved Conditional Use Permit. He said that the Virginia Department of Transportation (VDOT) is currently working on a road improvement project for this section of Route 659, which is in the preliminary design phase. He said that VDOT has also stated that insufficient site distance currently exists at this location. Mr. Miller added that an engineered site plan will be required for the construction and conversion of this facility and all issues that are surfaced now or during the site plan process will need to be adequately addressed prior to a Certificate of Occupancy being issued. Mr. Gregory Strosnider, Executive Director of the Rose Memorial Foundation, said that they have been in contact with Senator Russ Potts Office and Delegate Beverly Sherwood to obtain the best guess estimate for the location of the new road and they have adjusted their building plans accordingly. Mr. Strosnider stated that they have been working with Frederick County in the submission of community development block grant funding. He said that the submission date was March 29 and they expect a response by late May, early June, putting the project out to bid late summer or early fall, and closing and construction in September. Mr. Strosnider described the facility, stating that it will be a Department of Social Services licensed adult care that would service three levels of care -- residential, assisted living, and intensive assisted living. He said that the facility, located on 3.29 acres, will be fully handicapped accessible; it will consist of two separately licensed programs: a 26 -bed facility (16 of those beds are slated for assisted or intensive - assisted living) and a 12 -slot licensed adult day care; and it will have a 28- member total staff over three shifts. Mr. Sager noted that this will be one of the most congested areas in the county once 4177 9 all the development is finished and he asked Mr. Strosnider why this particular property was chosen. Mr. Strosnider replied that their reasons were the ownership of the property, the price, and the location. Mr. Strosnider said that they felt this was an excellent location. Chairman DeHaven called for citizens wishing to speak in favor of the application and the following persons came forward: Mrs. Janet Bixby, was present on behalf of Shenandoah Valley Independent Living Center. Mrs. Bixby said that from their daily experience, they felt there was a real need for this type of facility in the community. She said that she could not imagine why the facility, which really amounts to an apartment complex in terms of effects on its surroundings, would be a problem. She felt this could be a good facility and is very much needed, judging by the number of phone calls their agency gets on a regular basis for housing. Mrs. Jeanne Brown, with her handicapped son, Mark, said that they have been residents of Frederick County for the past eight years. Mrs. Brown said that her son graduated from N -Rep School in June of 1995 and from then until now he has no where to go and nothing to do because of a lack of facilities. Mrs. Brown said that she was fully in favor of the day program - -her son would be able to go during the day while she works and would be given the therapies that he needs daily. She said that her son, and other children like him, are in wheelchairs, are non - verbal, they are not a threat to the community, they are not aggressive or destructive. Mrs. Brown said that she has been a resident of Brentwood Terrace for the past seven years and she was sure that most of her neighbors who were present did not even know where she lived. She said that her son does not go onto the neighbors property, has not done anything to any of them. She felt the neighbors did not want this facility at this location because of the stigma. Mrs. Cheryl Farris, with her handicapped daughter, Katlyn, said that her daughter is currently attending school full -time at N -Rep and they have been residents of Frederick County for four years. Mrs. Farris stated that since age 2, Katlyn has actively participated in regular activities with peers, professionals, therapists, and teachers. She explained that she can not physically provide all the stimulation, care, and recreation alone, even with the help of her family. Mrs. Farris said that without adequate day care for her daughter, she can not even think about returning to work or continuing her education. She said that if something happened to her husband and she was forced to seek employment, Katiyn would not have anywhere to go. Mr. Murry Smith, President of the Northwestern Workshop, said that Northwestern Workshop serves about 100 disabled people in the community and has been in service for the past 25 years. Mr. Smith said that as proud as they are of this facility, they can not provide a residential facility. He said that the community needs an overall plan that covers 24 -hour a day care. Mr. Smith said that the Northwestern Workshop is in favor of this application. Ms. Mooney Christovich, President of the Arc of Northern Shenandoah Valley, formerly the Association for Retarded Citizens, emphasized the humane aspect of this issue. Ms. 4178 47 Christovich stated that we are talking about people first and secondly, people with physical and mental disabilities with special needs. She said that 30 years ago, people with disabilities in our community were sent away to institutions for care and services. She said that society no longer values that method of treatment and has moved towards providing services and care within the community. Ms. Christovich urged the community not to take a step backward, but to step forward and grant the proposed conditional use permit to enrich the lives of the people with disabilities in our community. Chairman DeHaven read a letter that the Commission received from Mr. Dave Holliday, area developer, in support of the proposed conditional use permit. Chairman DeHaven called for anyone wishing to speak in opposition to the conditional use permit and the following persons came forward: Mr. Ralph Simmons, resident at 466 Valley Mill Road, said that he was in opposition to the proposal. Mr. Simmons said that according to records he reviewed at the Planning Department, there would be 80+ people dropped off at the facility and in approximately three years, there will be in the neighborhood of 150 clients and employees at this location. He said that no one knows when the roads will be built. Mr. Simmons said that he was the Vice President of the Brentwood Terrace Homeowners Association and was speaking for the majority of the homeowners and they were in opposition to the request. Mr. Simmons submitted a petition containing approximately 100 signatures of opposition. Mr. Simmons continued, stating that an operation of this size constitutes a commercial enterprise and the proposed size is totally out of proportion for this residential area. Mr. Simmons said that the location is surrounded by a narrow, two -lane country road that is already over - burdened by traffic. He said that allowing extra traffic on this road will almost certainly mean grid -lock for the homeowners attempting to get out of their driveways, it will jeopardize the safety of area children, and it would be detrimental to the clients of the proposed establishment. Mr. Simmons said that no one has described this operation or the proposed clients to the residents of the community. Mr. Simmons wanted to know what constituted "hard to serve" clients. He wanted to know if there would be people from prisons or half -way homes, or if the clients would be pedophiles or from detox. He asked if the facility could this turn into drug rehab center, a half- way house, or home for sex offenders. Mr. Simmons asked if there would be a fence. Mr. Simmons said that traffic will be generated from vendors and deliveries of food, medical supplies, linens, and other miscellaneous supplies. Mr. Simmons asked for a show of hands from people in the audience who were opposed to the conditional use permit (approximately 20 -30 people). Mr. Simmons also felt that a public hearing sign was not timely posted on the property. Mr. Tierney said that the numbers that Mr. Simmons was quoting were projected cumulative totals over a three -year period. Mr. Tierney said that this will be a 26 -bed facility 4179 M with 12 day -care slots and will not exceed that. Mr. Miller said that a public hearing sign is required to be posted seven days prior to the public hearing. He said that the sign in question was posted 12 days before the public hearing. Mrs. Patricia DArcangelis, adjoining property owner, said that as an educator, she is fully aware of the humanity of the issue and agreed the children needed some place to go. Mrs. DVcangelis said that this site was not appropriate for several reasons: 1) the proposed facility did not belong in an area of single - family residential homes; 2) traffic generated from the facility will aggravate an already difficult situation; 3) 28 staff members means 112 trips per day; 4) community sentiment is strongly in opposition; 5) the 7,000 square foot building was too large for this small area; and 6) the proposed site is steeply sloped. Mr. Danny Strosnider, resident at 470 Valley Mill Road, was in opposition to the request. He stated that Mr. Jerry Copp of VDOT told him that the location for the new proposed road had not yet been decided. Mr. Strosnider felt the relocation of the road would cause changes to this whole area. Mr. Strosnider said that the client geographic service area for this establishment will be Lord Fairfax Planning District 7, which was a large service area. Mr. Strosnider also questioned the term "protected environment" and said that this type of facility will be taking persons that regular nursing homes will not. Mr. Strosnider felt this was a needed service, but not in an area of single family residences. He stated that the traffic was terrible in this area now and will probably get worse. Mrs. Merk Koon, neighborhood resident, said that she has highway stakes in her front yard for the proposed road and now she has this proposed facility crowding her from the side. Mrs. Koon said that she is in this location because the county and the city condemned her 80 -acre farm for a sewage plant. She felt she was being crowded out and she was opposed to the facility. Mrs. Grant High, 106 Windcrest Circle, said that she sympathized with the parents of the handicapped children. Mrs. High stated that this facility would be a business and this was not the proper location for a business because it was so confined. Mrs. Pamela Gillum, 100 Woodys Place, Carlisle Estates, said that she can see the front of the proposed building from her back deck. Mrs. Gillum said that this property is not safe for handicapped children because it is very steeply sloped and the road is dangerously curved. She said that the road was so dangerous that cars have ended up in neighbors yards. Mrs. Tracy Finn, 118 Pioneer Road, was concerned about the traffic on Route 656. Mrs. Finn said that the traffic on Route 656 was horrible due to all the construction traffic, the additional Redbud traffic, and the additional school buses. She said that motorists use her subdivision street to make a "B- line" for the 7 -11 Store. Mrs. Finn said that her street is unsafe 4180 7 for her children to play. Mrs. Finn felt this facility would add to the traffic problem. Mrs. Finn presented a petition of opposition with signatures from residents in the area. Mrs. Moreen Schray, resident at Brentwood Terrace, said that she moved here from Manassas to get away from the congestion. Mrs. Schray said that she drives this road every day and almost every day she has to stop just around the bend to allow another car to go through. She said there is a lot of speeding. Mrs. Pam Crank, resident at Brentwood Terrace, said that she can also vouch for how dangerous this curve is. She said that the property in question is along this curve and the property is very steep. Mrs. Crank felt there was not enough yard available for the children attending the facility to be out outside and be safe. She felt that a better location could be found where the children could be outside and be safe. Mr. Dennis Collins, 102 Woodys Place, said that it was his yard that an automobile crashed through. Mr. Collins said that he called VDOT to see about getting a guardrail put in and the state said that they did not have the money to do it. Mr. Collins said that Harrington Smith, Shawnee District Board Representative, was out to this area checking water run off and saw what remained of his lamp post laying over. Mr. Collins said that if there is snow and ice, motorists cannot make it up the hill and many times the road is overcome with water. He said that this road has been on the Road Improvement Plan for six years, but he does not foresee it being improved any time soon. He said that the roads are not only curved, they are very narrow. Mr. Collins felt this facility would negatively effect his property value. He felt it should be located in a B2 Zoning District. Mr. Mark Boczar, 457 Valley Mill Road, said that this was not an appropriate location for a commercial enterprise. Mr. Boczar said that this road is already overloaded with traffic. Mr. Boczar felt this facility would generate more traffic through employees, deliveries, and services. Mr. Boczar didnt see how they could accommodate the building plus all the parking on this lot. Mr. Joseph A. D'Arcangelis, adjoining property owner, said that this was not the proper location for a commercial enterprise. Mr. D'Arcangelis said that he has been waiting for seven years for road improvements and nothing has been done. He said that he phoned the Robert E. Rose Memorial Foundation and never had his call returned. He felt this type of growth was harmful and haphazard and will have an adverse effect on the surrounding area. He said it was not consistent with community sentiment. Mr. Jeff Sikes, resident of Brentwood Terrance, felt the road could not handle any additional traffic. He also felt his property value would be negatively impacted. He felt this was not the proper location for this facility. Dr. Thomas Keenan, Frederick County property owner, came forward to speak in 4181 3 favor of the conditional use permit. Dr. Keenan said that he can understand the emotional issues of both sides, the parents of the handicapped children and the residents of the area; however, he felt that what he was seeing was fear. He stated that the neighborhood residents were hiding behind the issues of traffic, property values, etc. Dr. Keenan said that the additional 50 -200 homes that have been approved for this area on this same road will add much more traffic to the area than this facility. He felt that as a community, we should be asking whether or not we "need" this facility. He said that many philosophers have said that the "measure of a community is how they handle those who are less fortunate than they are." Dr. Keenan felt the question was not whether these kids and this home was good for the community, but was the community good enough for this home? Mrs. Lynn Collins, 100 Woodys Place, said that she did not want this in her back yard, not because of their disabilities, but because of the road. Mrs. Collins said that it was her lamp post that was destroyed when a car went off the road. She said that if her children would have been in the yard at the time, they would have been hurt. She said that in severe weather, her street becomes a parking lot because motorist cannot get through. Mr. Donald P. Joy, 476 Valley Mill Road, said that he was originally from New York City and he knows what a traffic problem is. Mr. Joy said that this road is very treacherous and he often fears for his safety. He said that the speed limit sign was changed from 45 to 35, but that has not solved the speeding problem. Mr. Jeff Gillum, 100 Woodys Place, said that both he and his neighbors have put up fences to block out the view of the road. Mr. Gillum said that he is originally from Reston, Virginia and moved from there because the houses were so close together. Mr. Gillum said that his house is directly below the Dove home. Mr. Gillum was concerned about the size of the proposed structure and said that he will be looking at a 9,000 square foot building from his back yard. He was concerned about a decrease in property values, that the road was in terrible condition and needed improvements, and he felt the only reason the applicant wanted this property was because of the money issue. Mr. Gillum said that the house has been for sale for three years and they got a good deal on it. Mr. and Mrs. Mark Todd, 106 Woodys Place, were concerned about the traffic, especially after the new school was built. Mr. Todd stated that the traffic on this road is very bad, the entrance is on a blind curve and a steep slope, and in severe weather, the road is impassible. He said there will be no yard available for the children to be outside. He added that the proposed facility is located on a steep hill. Mr. David Cotrell, 107 VanBuren Place, said that the proposed structure is located at the top of a steep hill. Mrs. Debbie Overstreet, resident of the Stonewall District and mother of a handicapped child, came forward to speak in favor of the request. Mrs. Overstreet said that the 4182 E children attending this facility will be supervised at all times; she wanted to know if the parents in the neighborhood could say the same about their children. Mrs. Overstreet said that if the traffic and roads have been such a problem, why hadnt the neighborhood residents come before the Commission before this. She wanted to know why it took the Rose Memorial Foundations proposal to bring everyone in. Mrs. Overstreet asked the neighbors to help the parents of the handicapped children find a suitable location, if they did not want this facility located here. Mr. Robert Landis, 104 Woodys Place, stated that this was not the proper place for the proposed facility. Mr. Landis said that traffic is an issue and safety is an issue. He stated said that this was a business trying to locate in a residential area, purely for profit. Mr. Landis said that the neighborhood residents do not want this facility at this location. Chairman DeHaven closed the public portion of the meeting and gave Mr. Strosnider an opportunity to address the concerns raised. Mr. Strosnider said that Rose Memorial Foundation is a 501C3 charity corporation. He said that there is no profit and this is not a "for profit' business. Mr. Strosnider said that the reason these people do not have a place to live is because they do not have money and have to depend on community non - profit organizations to develop housing for them. Mr. Strosnider said that he still felt this was a good location and that they could meet any of the requirements as far as the site plan was concerned. In answer to a commissioners question on the total number of residents at any given time, Mr. Strosnider replied there would be 12 day care people, 26 residential persons, for a total of 38 served, plus supervising staff. It was noted by one of the Planning Commissioners that as recently as one month ago the Hill Valley proposal was brought in for consideration at this same location. It was noted that the proposal was for 54 single family detached cluster homes and none of these people were present to talk about traffic problems. It was stated that 54 homes would create a lot more traffic than this proposed facility. Other members of the Commission felt that the traffic generated by this conditional use permit would certainly be less than if this property was converted into an additional housing development through a master development plan. Commissioners were very sensitive to the traffic problems, the road problems, and the growth problems in this community. They also felt that this facility provided a needed service and were unconvinced that this was not a good location for this proposal. 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 #002 -96 of the Robert E. Rose Memorial Foundation, Inc. for a Center for Community Living and Adult Care Facility with the following conditions: 1. A site plan must be submitted and approved prior to issuance of any building permits. 4183 10 2. The applicant must comply with all requirements of the State and County Codes pertaining to convalescent /nursing homes at all times. 3. Any expansion of this facility will require a revised site plan and a revised Conditional Use Permit. 4. All review agency comments must be adequately addressed and continually complied with at all times. An amendment to Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165 -23, Setback Requirements. Action - Recommended Approval Mr. Wyatt presented an amendment to establish survey standards for primary and accessory structures, greater than 500 square feet, which are located five feet or less from building setback lines. Mr. Wyatt said that the need for this was identified by the Building Official and the County Engineer to mitigate the number of structures that encroach upon the minimum required building setback line. He explained that the proposed amendment incorporates language for a mid - construction survey requirement and removes the requirement for an as -built survey; this was suggested at the last Planning Commission meeting to address construction problems prior to structure completion. Mr. Wyatt said that the proposed amendment was also modified to remove the requirement for a certification letter by the surveyor of record. He explained that this was removed at the request of the Top of Virginia Builders Association and has been modified to require the surveyor of record to complete and seal information on the building permit. Chairman DeHaven inquired if the Inspections Department was satisfied with using this data to check uncovered decks and porches at this phase of construction. Mr. John Trenary, Building Official for Frederick County, replied that the inspectors could determine from the survey at that point the dimensions on the deck to be in compliance at the final stage of inspection. There were no citizen comments. Upon motion made by Mr. Ellington and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously 4184 11 recommend approval of the Amendment to Chapter 165, Zoning of the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165 -23, Setback Requirements, as follows: Article IV - Supplementary Use Regulations 165 -23 Setback Requirements H. Structural location survey requirements. The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described: (1) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is located five (5) feet or less from any minimum setback requirement. (2) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any accessory structure occupying an area of 500 square feet or greater that is located five (5) feet or less from any minimum setback requirement. (3) Information verifying the footing location stakeout shall be provided on the appropriate Building Permit Setback Report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the Building Permit Setback Report and affix his or her professional seal containing the appropriate signature and date. The Building Permit Setback Report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection. (4) A mid - construction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor of record shall complete the required information on the Building Permit Setback Report and affix his or her professional seal containing the appropriate signature and date. The Building Permit Setback Report containing the required mid - construction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a Certificate of Occupancy Permit by the Building Official. 4185 12 Parting Comments by Robert W. Watkins, Planning Director Mr. Watkins said that he was leaving Frederick County to become the Manager of Comprehensive and Physical Planning for the City of Aurora, Colorado. Mr. Watkins gave some parting thoughts to the Commission about the future of Frederick County. Commission Retires to Executive Session Upon motion made by Mr. Ellington, seconded by Mr. Marker, and passed unanimously, the Commission retired to Executive Session under Section 2.1- 344.(a)(8) of the Code of Virginia, Discussion or consideration of honorary degrees or special awards. Commission Returns to Regular Session Upon motion made by Mr. Ellington, seconded by Mr. Marker, and unanimously passed, the Commission returned to Regular Session. Adiournment No further business remained to be discussed and Chairman DeHaven adjourned the meeting at 10:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman 4186