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PC_10-16-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on October 16, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice - Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Jimmie K. Ellington, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District STAFF PRESENT: Evan A. Wyatt, Planner II; Eric R. Lawrence, Planner I; Michael T. Ruddy, Planner I; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF SEPTEMBER 18, 1996 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of September 18, 1996 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 4269 COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 10/14/96 Mtg. Mrs. Copenhaver reported that the CPPS reviewed the updates to the Comprehensive Plan which were mostly grammatical and statistical. She said there were no real changes in the format of the plan. Sanitation Authority (SA) - 10/15/96 Mtg. Mrs. Copenhaver reported that the City of Winchester has advised the SA that they will not renew the County's contract, which expires in the year 2000, to purchase water from the City. Mrs. Copenhaver said that the SA is fine with this decision because they have already developed their own water source, ie. the Diehl Plant. Discussion next ensued regarding backflow problems experienced by certain residential properties. Mrs. Copenhaver explained that the SA's responsibility lies only to the property line. She said that if the house is located in a low area and the homeowner installs fixtures below grade, water will seek its own level. She said that some homeowners reported installing back -flow valves that now do not work. Mrs. Copenhaver said that the reason they don't work is that they are not kept clean because they were installed in the yard where there is no access. She said that back -flow valves should be installed within the building with access to them. Mrs. Copenhaver explained that on Westmoreland Drive, where the problems were first reported, the lines are flushed monthly by the SA - -she felt this was pretty good cooperation. She said that in addition, some fixtures were installed by homeowners in basements without building permits. Commission members asked why the sewer backup problems in residential basements were greater during storms when this is supposed to be two separate systems - -the stormwater and the septic. Mrs. Copenhaver replied that some people have put sump pumps in their basements and they are pumping into the sanitary sewer, which is not allowed. She added that it is possible that there are cracks and breaks in the line, which allows surface water to penetrate. She said that infiltration is a common problem. Winchester Planning Commission - 10/15/96 Mtg. Mr. Ours reported that the City Planning Commission approved a conditional use 4270 3 permit for a cellular tower to be raised from 180' to 200% approved a site plan for the new Grand Furniture building at the intersection of South Loudoun and Jubal Early Drive; and approved a subdivision for a parcel of land behind McDonald's on Pleasant Valley Road for a motel. PUBLIC MEETING Master Development Plan #008 -96 of Carriebrook by G. W. Clifford & Associates, Inc. This property, zoned B2 (Business General) and RA (Rural Area), is located on the east side of Route 642, south of the intersection of I -81/ Rt. 37 at Kernstown and is identified with P.I.N. 75 -A -89 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Stephen M. Gyurisin and Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the project engineers/designers, presented the master development plan to the Commission. Mr. Gyurisin reported that the proposal is for the development of 20 acres of B2 (Business General) zoned land for commercial/office uses within three phases. He pointed out that they have a preliminary plan accommodating six business sites with public sewer and water. Mr. Gyurisin explained that provisions have been made to allow for a future turning radius for Route 642 and possible future right -of -way connecting with any north/south collector road that would connect with the future extension of Route 37. He said that the plan shows a central road with a cul -de -sac and a stormwater management facility is to be located at the low point of the property. Mr. Ruddy said that there were no outstanding concerns by any of the reviewing agencies regarding this master development plan. With regards to Planning and Zoning, however, Mr. Ruddy said that the staff felt the following issues should be addressed on the plan: 1) the maintenance of a 50' woodland strip as a zoning district buffer adjoining the Stossel property; 2) a discrepancy in the amount of disturbed areas of steep slopes and woodlands exists and needs to be addressed and identified; 3) the Opequon Creek, its tributaries, and associated wetlands need to be identified; 4) existing historical sites need to be identified; 5) detailed plans for the possible extension of the cul -de -sac onto the RA property and its impact on existing features should be included as a part of future development plans; and a note identifying the reserved right -of -way for future alignment of Route 642 should also be included. Concern was raised by Commission members about drainage impacts on surrounding properties, especially Lakeside, after the future extension of Route 37. Mr. Maddox replied that there would be no drainage impacts on Lakeside or any other parcel. He said this site drains directly into the Opequon. Commission members were also concerned about traffic impacts on Route 642. Mr. 4271 E Gyurisin replied that there will be an impact, however, their design will take into account all the requirements of VDOT. Mr. Maddox added that their plan is in accordance with the County's Transportation Plan. He said that access to the site could change as a result of what takes place in the future with the I- 81/Route 37 improvements. Members of the Planning Commission commented that this was not the most ideal development site and its one advantage was its location next to I -81 and possibly, Route 37. It was noted that much of the woodland on the site had recently been removed, so there was nothing to measure whether 25% of it would be disturbed or not. Commission members felt there was a slim chance of developing the site without disturbing more than 25% of the steep slopes, however, the steep slopes, unlike the woodlands, would still be measurable. They felt that if the County was going to hold the applicant to the steep slope requirement, the applicant may have a problem. Planning Commissioners felt that the use proposed was probably the best use of the site. Mr. Wyatt stated that the Board of Supervisors has the authority to allow disturbance of large areas of steep slopes, provided that the overall land use is associated with shopping centers, office parks, or industrial parks. Mr. Wyatt said that it may benefit the designers to consider the use, since it has not yet been identified. There were no public comments regarding this plan. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #008 -96 of Carriebrook by G. W. Clifford & Associates, Inc. with the stipulation that all review agency comments are adequately addressed prior to final approval. Master Development Plan #009 -96 of Frederick County/ I -81 Industrial Park by G. W. Clifford & Associates, Inc. This property, approximately 85 acres, is zoned M2 (Industrial General), and is located on the east side of Route 11 South,'' /: mile north of the Route 37 and Route 11 intersection. The property is identified with P.I.N. 63 -A -86 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Stephen M. Gyurisin and Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the engineers/designers for the project, presented the plan to the Commission. Mr. Gyurisin reported that there will be an entrance onto Route 11; Phase I will extend to the center 4272 5 of the site and will be serviced by a cul -de -sac; Phase II will encompass the remaining portion of the property; a central road facility will ultimately connect with the master planned road on the Henkle- Harris property; and a stormwater management facility is proposed at the lower end of the site. Mr. Gyurisin brought the Commission's attention to the two existing houses on the property, one of which has been identified in the Rural Landmarks Survey. He stated that these structures have been identified on the plan and will be preserved. He also pointed out two buffer areas designated on the plan. Mr. Gyurisin added that the site is highly visible from both 1 -81 and Route 11 and the site can be served by rail. Mr. Lawrence presented the Planning and Zoning staff comments. Mr. Lawrence said that the road traversing this property should align with the Henkel- Harris property's master planned road in order to provide for an interconnector road system. He recommended the preservation and protection of the historic residential complex. Mr. Lawrence also recommended the establishment of a Category B zoning district buffer along the south edge and the northeastern edge of the property, adjacent to properties zoned B3 and M1 respectively. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Marshal DeHaven, representing Schenk's Food Company, said that his company is located on the west side of Route 11, almost across from the proposed site. Mr. DeHaven said that he was not opposed to the project; however, his concern was the stance taken by the Frederick County Sanitation Authority regarding sewer service to this area. He said that the sewer plan for the proposed site is to tie into an interceptor line in back of the Mobile station. He said this is now a City- operated line, but Frederick County said they would eventually take it over. Mr. DeHaven stated that the County Sanitation Authority has not in the past been interested in providing existing businesses in that area with any assistance in obtaining sewer. Mr. DeHaven explained that in recent conversations, the County has stated they have no plans to provide sewer in that general area; and therefore, Schenk's has continued to negotiate with the City. Mr. DeHaven said that this is an expensive project that they have undertaken with the City. He stated that Schenk's is a substantial taxpayer in the County and they receive no recognition as far as provision of necessary services. He expressed objection to the idea of connecting with the City for sewer service and then having the County Sanitation Authority take over, resulting in them being back, in his opinion, with the people that turned their backs on them to start with. Mr. Michael Collins, a nearby resident, said that his greatest concern was traffic congestion on Route 11. Mr. Collins stated that from Shawnee Drive to Route 37, it is almost impossible and very dangerous to get onto Route 11, especially when the factories close. He said that in the mornings, there is a steady stream of cars coming off of Route 37 onto Route 11 and on occasions, the traffic is backed up from the 7 -11 Store all the way back to Route 37. Mr. Collins was also concerned about the water and sewer availability and tying this subdivision into a 24" City water line. 4273 M The Planning Commission also had concerns and questions regarding the sewer and water situation and the traffic congestion problem. Mr. Maddox responded to these concerns by explaining his interpretation of the City and County's position regarding the provision of service in this area. He said that the County Sanitation Authority has no plans to service this area because it is presently served by the City and the City has acknowledged that they can handle the service. He stated that a facility with large water and sewer requirements would probably not be interested in this location. With regards to the traffic situation, Mr. Maddox was of the impression that a traffic light was going to be provided at the GE Plant access road. Mr. Wyatt said that VDOT is also considering widening Route 651, which intersects here, to provide right and left turn lanes to accommodate shift change traffic. Mr. Wyatt added that this improvement has been requested by the Economic Development Commission. Members of the Commission felt that the traffic light and road widening should help somewhat with the existing traffic problems. Members of the Commission were in favor of the proposal, as long as all reviewing agency and staff concerns were addressed. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #009 -96 of the Frederick County/ I -81 Industrial Park provided that the applicant adequately address all review agency comments, all issues identified in the staff report, and all concerns of the Planning Commission and Board of Supervisors. (Mr. Light abstained from voting on this plan.) 1997 -1998 SECONDARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Mr. Wyatt stated that the Secondary Road Improvement Plan is a prioritized list of road projects used by VDOT's Staunton District Office to determine which projects will be funded in a given year. He said that the Transportation Committee held a public hearing on the Secondary Road Improvement Plan on September 10, 1996 to entertain public requests for road improvements throughout Frederick County and within the towns of Middletown and Stephens City. Mr. Wyatt presented the Transportation Committee's recommended priority list and he proceeded to summarize the list and the public hearing for the Commission. Mr. Sager asked for the dates of the road counts specified in the plan. Mr. Wyatt replied that the 1993 data is used because all of the 1995 data is not available until the end of 1996. 4274 VA Mr. Sager was concerned about the fact that road projects, especially Route 647, are not moving towards completion. Mr. Sager said that the current actual ADT count projection for Route 647 is close to 9,000, as compared to the 1993 ADT count of 7,241 listed in the plan. Mr. Sager was concerned about how much higher the traffic count would become before the road received the necessary improvements. He said that Route 647 is overburdened with traffic from two schools, five subdivisions, many businesses, tractor trailers, etc. Mr. Wyatt said that VDOT explains the problem as a funding issue. He said that within the Staunton District there are several counties fighting for a certain amount of dollars each year and VDOT tries to be equitable on their allocations. He explained that VDOT first creates a project number and begins feeding money into the project. He said that until they have 70% of the total dollars available, they cannot advertise the project. Mr. Wyatt continued, stating that the money being received by Frederick County is roughly in the $2 '/2 million range and that amount goes for the entire secondary road system - -the major road improvements, the hard - surfacing, the incidental construction, and maintenance. He said that the price tag for the Valley Mill/ Greenwood Road project alone is estimated at $4 million. Mr. Wyatt said this is the reason why these projects take so long to move towards completion. Commission members asked if the County's roadways would ever catch up with development. Mr. Wyatt pointed out that this is where the Eastern Road Plan becomes critical. He explained that what the County can't do, obviously, is expedite the improvement of these existing roadways; but what we can do, through development proposals, is provide multiple connections and choices, particularly within the Urban Development Area. Mr. Wyatt stated that many of the proposals reviewed by the Commission, for example the master plans reviewed by the Commission this evening, jibe with the Eastern Road Plan. Mr. Wyatt stressed that this is a critical component- - making sure that, particularly within our Urban Development Area, these roads are built - -the Warrior Drives, the minor collectors through the subdivisions, etc. Mr. Wyatt added that Route 642 is a prime example of how the County works with the development community to do this type of improvement and with Warrior Drive being a connection between the new Route 642 and Route 277, some relief should be experienced. Mr. Ellington asked if there was some provision to prevent one property owner along a stretch of road who refuses to grant right -of -way, from holding up an entire hard - surfacing project. Mr. Wyatt explained that several criteria are used for hard - surfacing improvements. He said that one of them is a minimum traffic count (ADT on that road section) and the other is 100% participation by the property owners along both sides of the right -of -way. He said that VDOT's position is that they do not want to spend limited money acquiring additional right -of -way for a road they are already maintaining. He said that the other reason is that there are so many other roads on the plan where people are lining up and saying "take the right -of -way" that they feel that if that project is available and doable, they would rather put the money into that project. Mr. Wyatt explained to the Commission that Route 695 is the segment Mr. Ellington is speaking of and along with that, Project #4, which is Route 692. He said that these two items were 4275 discussed at length at the Transportation Committee level and in both of cases, VDOT has tried for several years, unsuccessfully, to obtain the right -of -way. The Transportation Committee's recommendation is that Project 93 be eliminated from the plan to free up money for other projects. He said that regarding Project #4 (Route. 692), the Transportation Committee's recommendation is that the project be scaled back from a 2.6 mile section to a 1.2 mile section, the portion where right - of -way is available. Commission members felt that if Route 695 remained in the #3 position, the County would be denying someone else the opportunity, who is willing and capable of getting the job done. It was pointed out that once VDOT schedules an advertisement date, they start scheduling engineering work, surveying, etc., which all occurs 2 -3 years before the advertisement date. Commission members felt that it if they are not going to be able to do the 695 project, it would be best to remove it or drop it down on the list. It was noted that the project would come back up in a number of years and there would be another opportunity to try to complete the project. Commissioners agreed that they needed to move on to the next potential user. Mr. Wyatt next discussed "Incidental Construction" and said that VDOT has started a new concept whereby each year they are going to go through the higher density residential subdivisions ( #17 in this case) and make improvements to existing roads throughout that subdivision. He said that VDOT will start with the Lakeside Subdivision, continue with the entire subdivision where needed, and then move on to another subdivision. There were no citizen comments. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1997 -1998 Secondary Road Improvement Plan with the following amendment: 1) Project #3 ( Route. 695) be moved down the list to become Project #9; and 2) Project #4 (Route 692) be split into two projects with the 1.2 segment remaining in its current priority ( #4) and the 1.4 segment becomes #10. PLANNING COMMISSION TABLING PROCEDURES Action - Approved Mr. Wyatt stated that the staff was asked to work with the Development Review & Regulations Subcommittee to revise the current Planning Commission Tabling Procedures. He said that staff presented the amended tabling procedures to the Commission for discussion on August 21, 1996; the Commission felt the amended procedures were appropriate and directed the staff to 4276 forward those for final action. Mr. Wyatt stated that the Planning Commission Bylaws specify that amendments may occur by a majority vote of the entire voting membership after 30 days prior notice. Mr. Wyatt highlighted the amendments, stating that they specify the Commission's authority to table items based on certain circumstances, it limits the applicant to tabling an agenda item one time, and it requires the applicant to have the questionable information prepared and brought back to the Commission before consideration again. Mr. Wyatt said that in considering tabling situations, the Commission will need to advise the applicant of the 90 day action period to determine if they would like to waiver that option. Commission members felt that this amendment accomplished what the Commission set out to do and that it was very clear and concise. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the amendments to the Planning Commission Bylaws to revise Section 9 -3 -9 Tabling Procedures, as follows: RESOLUTION HONORING WILLIAM H. BUSHMAN Action - Approved Upon motion made by Mr. Romine and seconded by Mr. Thomas, the Planning Commission unanimously adopted a Resolution of Appreciation for William H. Bushman, who was leaving his position as resident engineer for VDOT. The Commission wanted to recognize Mr. Bushman for his outstanding contributions to Frederick County during his years of service. 4277 10 ADJOURNMENT No further business remained to be discussed and the Commission adjourned at 9:15 p.m. Respectfully submitted, Kris C. Tierney, Planning Director Charles. DeHaven, Jr., Chairman 4278