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PC_11-06-96_Meeting_MinutesF \ MEETING MINUTES OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on November 6, 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; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; Jimmie K. Ellington, Gainesboro District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Planning Director; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner II; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF OCTOBER 2, 1996 Upon motion made by Mr. Marker and seconded by Mr. Ours, the minutes of October 2, 1996 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 4279 2 Development Review & Regulations Subcommittee (DRRS) - 10/24/96 Mtg. Mr. Wyatt reported that the two items discussed by the DRRS were a text amendment for self - service storage facilities and assisted - living care facilities. PUBLIC HEARING Conditional Use Permit #013 -96 of Hogue Creek Country Market by Painter -Lewis for an addition to the existing market and a two- bedroom residence. The property, zoned RA (Rural Areas), is located at 47800 Northwestern Pike and identified with PIN 40 -A -66D in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Miller stated that Conditional Use Permit #017 -87, approved on October 14, 1987, originally authorized the Hogue Creek Country Market in its present configuration. He said that the proposed expansion is for a drive - through food service to be added to the western end of the existing country store. He added that a site plan would need to be submitted for the addition to the store and significant issues associated with this request could be addressed at that time. Mr. John Lewis of Painter-Lewis, P.L.C., the project architect, stated that the owner desires to expand his present operations with the addition of a drive -in restaurant/ fast food facility. Mr. Lewis said that the additions will be severely limited by the available sewage treatment, however, they have received tentative approval from the Health Department in Lexington. Mr. Lewis said that they are also contemplating the possibility of constructing an accessory dwelling to the primary dwelling to be used for a store manager. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Bill Shevokas, adjoining property owner, was opposed to the expansion for the following reasons: 1) traffic safety in the vicinity of the market; 2) parking of tractor trailer trucks along the berm of Route 50, west of the market, which blocks visibility; and 3) noise pollution from trucks leaving their engines running while they are in the store and/or pumping gas. 4280 Mrs. Robin Menefee, adjoining property owner, said that the map in the application depicts Lot 67 as vacant, however, this is the lot of her primary residence. She stated that all surrounding lots are residential. Mrs. Menefee said that if the application is approved, she and her husband would like to request that: 1) the drive- through be paved; and 2) a tree -line be established between Mr. Owens' property and her property to serve as a visual buffer, a noise buffer, and a trash barrier. Mrs. Menefee commented that Mr. Owens' store has been robbed once before and she has concerns about that, since she lives next door. She added that this is quite a busy place and she would prefer that the store not be expanded. Mr. Douglas L. Owens, the owner/ applicant, said that he understands his neighbors' concerns. Mr. Owens said that there is a deceleration lane along Route 50 and signs are posted prohibiting trucks from parking along the highway. Mr. Owens felt that the property was well - landscaped. He said that some trees were removed, but many trees remained behind the store and at the rear property line. In response to a question about his hours of operation, Mr. Owens replied that his hours are from 5:00 a.m. until 10:00 p.m. Sunday through Wednesday and 5:00 a.m. until midnight Thursday through Saturday. He said that he did not anticipate longer hours with the expansion. Members of the Commission wanted to make sure that suitable buffers were located on the property to protect the adjoining residents from the lights and noise associated with the market and to prevent trash and paper from blowing onto the neighbors' properties. They instructed the staff to consider this upon site plan submittal. They also felt that the drive -way for the drive - through area should be paved. Other questions that arose concerned permitted sign size, hours of operation, and extent of the fast food operation. Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #013 -96 of Hogue Creek Country Market by Painter -Lewis to allow the expansion of the market with the following conditions: A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2. Any future expansion of this facility or change in use will require a new conditional use permit. All review agency comments and requirements must be complied with at all times. 4. At the time of site plan submittal, a buffer shall be considered along the property line which would reduce light pollution, sound pollution, and be able to catch blowing debris. 4281 Conditional Use Permit #014 -96 of Garris and Eva Poling to operate an antique shop. The property, zoned RA (Rural Areas), is located at 212 Whitacre Road and is identified with PIN 27 -A -72A in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Miller said that the applicant is proposing construction of a 36'X 50' building on the north side of the property to house the proposed use. Mr. Miller said that there is adequate space for the building and setbacks can be met. He explained that since this is a public use facility, a site plan will be required. He added that sign size limitations are appropriate, since this business will be located in an area of mostly rural residential uses. Mr. Garris Poling, owner and applicant, was present to answer questions from the Commission. There were no public comments. There were no areas of concern 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 #014 -96 of Garris and Eva Poling to operate an antique shop with the following conditions: A site plan for the development of this activity shall be required. The site plan shall be approved prior to any construction activity. 2. All review agency comments shall be complied with at all times. 3. Any on- premise sign shall be limited to a maximum size of 25 square feet. Conditional Use Permit #015 -96 of Wade and Julie Marrow to operate an automobile repair business without body repair. The property, zoned RA (Rural Areas), is located at 624 Back Mountain Road and is identified with PIN 39 -2 -A in the Back Creek Magisterial District. Action - Recommended Approval Mr. Miller said that Inspections Department had comments about the containment and 4282 5 clean-up of waste oil and grease. Mr. Miller said that public garages 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 is fully screened from view from any adjoining property. He explained that the applicant intends to conduct this activity in a three -bay garage that exists toward the rear of his property. Mr. Miller said that during a site inspection of the property, he observed several inoperative vehicles that were being stored on the property. Mr. Miller read a letter of opposition that he received from an adjoining property owner, Mr. Steven R. Michaelis. The letter indicated that Mr. Michaelis has been disturbed by significant noise coming from the shop. Mr. Marrow, the owner /applicant, said that the inoperative vehicles being stored on his property have been removed. He said that he anticipates making this operation a full -time business. Mr. Marrow pointed out that there is an ironworks business and a fix -it shop located on both sides of his property, about ' /z mile away. He added that waste oil and grease is contained and picked -up at his location. Chairman DeHaven called for anyone wishing to speak and the following person came forward to speak in opposition: Mr. Kenneth Sibert, a property owner on the east side, felt that the proposed operation would disturb the quiet, residential character of the neighborhood. Mr. Sibert said that the property in question lies on a watershed that drains to a wet weather stream that borders his property and becomes a floodplain during periods of wet weather. Mr. Sibert raised concerns about a private nursing home and a breeding kennel who use the right -of -ways on his property and neither have a provision for sharing the maintenance of those right -of -ways. Mr. Sibert said that Back Mountain Road is very dangerous during commuting hours and there is speeding. He was also concerned about the disposal of hazardous wastes. Commissioners had questions about noise containment, hours of operation, and the number of vehicles waiting for repair that could be stored on the property. They felt that all these concerns were adequately addressed by the applicant so that minimal disturbance would occur to the neighborhood. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #015 -96 of Wade and Julie Marrow to operate an automobile repair business without body repair with the following conditions: 1. No outside storage of parts or equipment shall be allowed. 2. No more than five vehicles waiting repair shall be allowed to be located externally to the 4283 M garage. 3. No inoperative vehicles shall be allowed to be stored on the property at any time. 4. All repair work must be done inside the garage. 5. All review agency comments shall be complied with at all times. 6. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. Monday through Saturday and no Sunday hours. The Commission unanimously voted to make the letter from Steven R. Michaelis a part of the official record. Rezoning Application #006 -96 of H. Clay DeGrange Estate to rezone 51.0540 acres from RA (Rural Areas) to B2 (Business General) . This property is located on the northwest quadrant of the intersection of Route 50 West and Route 37 and is identified with P.I.N. 53 -A -68 in the Gainesboro Magisterial District. Action - Tabled for 90 Days Mr. Tierney presented the background information and staff report. Mr. Tierney stated that the property is located within the Sewer and Water Service Area (SWSA) and a portion of the property is within the Urban Development Area (UDA). He said that although the site appears suited for business development, and is so indicated by the recently adopted Round Hill Land Use Plan, the staff has a number of concerns, many of which center around a lack of information. Mr. Tierney said that no specific uses are proffered. He said that the applicant's impact statement is somewhat misleading and inconsistent because a low figure is used in the impact model to project traffic generation and a different, higher figure is used to project positive fiscal impacts. Mr. Tierney stated that the applicant has not provided a traffic analysis with information on what kind of trips will be generated, where they will be going, what sort of improvements will be required, the phasing of those improvements, and who will build them. He stated that Mr. Kelly Downs at the Staunton Office of VDOT indicated that, at a minimum, the amount of traffic projected would require an additional lane on Route 50 as well as double - laning the off -ramp at Route 50, off of Route 37 heading south. Regarding sewer service, Mr. Tierney said that the impact statement has indicated the sewer will be provided by the Sanitation Authority, however, there is no formal agreement to that 4284 effect. He said that the applicant does have a formal agreement with the City to provide water. Mr. Tierney stated that the Round Hill Plan emphasized the need to protect the appearance of this corridor and entrance to the City by way of signage, landscaping, setbacks, and parking removed from the frontage of Route 50. He said that there is nothing within the application package that addresses these items. Mr. Tierney explained that these are the types of issues that have not been answered and it is quite difficult to make accurate assumptions or draw conclusions about the impacts without all of the information being provided. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, the design engineers for the project, said that the intent for the property is for major shopping and retail facilities, a possible hotel, and possible convenience /commercial facilities. He presented a letter from the Sanitation Authority, dated November 6, 1996, acknowledging the Authority's franchise rights to serve this area and that they were committed to work with the landowners /developers for the provision of water and sewer service. Mr. Maddox next discussed possible transportation improvements and his intent to work with VDOT. Mr. Maddox said that the kind of information the staff has asked for would not be forthcoming from VDOT without providing them with approved construction drawings and he felt that the applicant needed the rezoning in order to authorize that next level of expenditure effort. Commission members raised the issue of whether the proposed business development would be a first step forward in providing sewer to the Round Hill residents, which was referred to in the Round Hill Plan. Mr. Tierney replied no, that there were still a number of potential road blocks. He said that the capacity available in the line at McDonald's is about 200,000 gallons, which may serve this site, but certainly not all of Round Hill; and the capacity of the line at Sunnyside is also uncertain in light of the Opequon Plant expansion discussions. Mr. Thomas brought the Commission's attention to the letter from the City's Public Utilities Director, Jesse Moffett, to the City's Planning Director, Tim Youmans, which stated that the City has on -site water available and a standing agreement with DeGrange regarding water supply. The letter also stated that wastewater service could be provided through a pending agreement with the Hardee's/Mobil Convenience Center development utilizing a proposed lift station. Mr. Thomas felt that based on this letter, there was no way this project would benefit Round Hill. Commission members also had questions about the applicant's intent for the remaining 51 acres of the property. They questioned the worth of an impact statement based on 51 acres, if the intent was to develop the entire 102 acre site. They raised the fact that almost 50% of the proposed land area was outside of the UDA and they were opposed to any future requests to move the UDA line. Commission members felt that this rezoning would be an catalyst for future development of this area and had the potential to change the character of the community. Commission members felt that the proffers offered for fire and rescue were inadequate and the 10' buffer strip proposed along Route 50 was insufficient. They also had concerns that three separate concept plans were submitted, but 4285 E3 not one had been tied down for the rezoning. They had questions about what road improvements would be necessary and who would be responsible to build them. Commission members felt that the location of the property, at a major highway intersection, was a good place for B2 zoning, but so many questions were still left unanswered. They felt that at the time of rezoning, the applicant should be able to define major impacts such as traffic, corridor protection, and proffers. Mr. Ellington brought the Commission's attention to the 13 residents located along Fox Drive, between Sheets and the City line, that do not have sewer and need it. Mr. Ellington suggested that while the sewer line is being run south, that the two blocks on Fox Drive be picked up for the residents who need sewer service. Mr. Sager was in agreement. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Application #006 -96 of H. Clay DeGrange Estate Rezoning for 90 days to allow the applicant sufficient time to provide definitive information on traffic impacts, suggested road improvements, phasing, the responsible party for completion of road improvements, and definitive information on corridor protection and proffers. The vote on this tabling was as follows: YES (To Table for 90 Days) Stone, Light, Copenhaver, Marker, Thomas, Morris, Ours NO: Ellington, DeHaven Waiver Request by Adams Family Limited Partnership for the disturbance of environmental features as prescribed by Section 165- 31B(6) and 165- 31B(7) of the Zoning Ordinance for Master Development Plan #009 -87 of Airport Business Center (formerly Upper Valley Business Park). This property is located at the intersection of Airport Road (Route. 645) and Front Royal Pike (Route 522) and is identified with PIN 64 -A -45D in the Shawnee Magisterial District. Action - Recommended Approval Mr. John Lewis, representing the owner, Adams Family Limited Partnership, stated that the applicant is requesting that 50% of the land within steep slopes and 56% of the land within woodlands be allowed to be disturbed to accommodate the complete build -out of the Airport Business Center. Mr. Lewis said that the market seems to indicate that M1 (Light Industrial) users 4286 are prevalent in Frederick County now and these users tend to have larger facilities requiring large, flat contiguous areas of land. Mr. Lewis said that the applicant is attempting to plan ahead to guarantee that these users can be accommodated on his property. Mr. Lewis showed slides of the proposed property and pointed out a delineated area proposed as a dedicated environmental corridor to preserve the remaining acreage within steep slopes and woodlands. Concerns of the Commission centered around the possibility of sedimentation occurring in Buffalo Lick Run, if slopes were disturbed, and who would bear the responsibility of maintaining the slopes after build -out. Commission members asked if the woodland area could be relocated to another contiguous area on the property. Mr. Lewis replied that control of sedimentation would be achieved by channeling stormwater from the slopes to the management facilities and through implementation of standard erosion and sedimentation control measures. He said that slopes would be stabilized and the owners would maintain the slopes, as it was within their best interests to do so. Mr. Lewis said that he did not think another contiguous section of acreage was available to reforest and he also felt it would not work in the overall scheme of a business park. He added that landscaping is required and many trees are going to be replaced. Mr. Wyatt stated that the proposal to create an environmental corridor appears to protect the stream valley and, therefore, the function of the environmental feature is not endangered. He said that the location of the environmental corridor creates a natural buffer between the Airport Business Center property and the Bufflick Heights residential subdivision, which is desirable. He said that the staff believed that the creation of a perpetual easement to ensure there is no disturbance within the environmental corridor is a reasonable approach. He added that a "C Category" buffer will protect the recently approved Chapel Hill residential subdivision and the McClure tract, should Parcel E maintain the Ml (Light Industrial) District classification. There were no citizen comments. Upon motion made by Mr. Ellington and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request by the Adams Family Limited Partnership for the disturbance of environmental features as prescribed by Section 165- 31B(6) and 165- 31B(7) of the Zoning Ordinance for Master Development Plan #009 -87 of Airport Business Center (formerly Upper Valley Business Park). 4287 10 ADJOURNMENT No further business remained to be discussed and the Commission adjourned at 10:15 p.m. Respectfully submitted, Kris C. Tierney, Planning Director Charles. DeHaven, Jr., Chairman 4288