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PC_11-20-96_Meeting_MinutesMEETING MINUTES OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on November 20, 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; 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: George L. Romine, Citizen at Large; Roger L. Thomas, Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Planner II; Eric R. Lawrence, 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 OCTOBER 16, 1996 Upon motion made by Mr. Marker and seconded by Mr. Light, the minutes of October 16, 1996 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 4289 COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) Mr. Wyatt stated that the November and December DRRS meetings fall on holidays and recommended that those meetings be canceled since there were no pending items for discussion. It was the consensus of the Commission that those meetings be canceled. Comprehensive Plans & Programs Committee (CPPC) - 11/12/96 Mtg. Mr. Lawrence reported that the CPPC discussed the draft Capital Improvements Plan (CIP) and made some changes based on presentations from the library and the school board. Sanitation Authority (SA) - 11/19/96 Mtg. Mrs. Copenhaver reported that the Boundary Avenue water line has been completed; the Miller Heights water line has been contracted; work is progressing on sewage problems in Fredericktowne; and the SA agreed to sign a contract for maintenance of the water storage tanks in the County. She also reported that a cellular company wants to put antennas on a couple of the water tanks and a lease is now pending. PUBLIC HEARING Rezoning Application 007 -96 of Valley Proteins, Inc. to rezone 1.62 acres from RA (Rural Areas) to M2 (Industrial General). This property is located at 1444 Indian Hollow Road and is identified with PIN 41 -A -18 in the Gainesboro District. Action - Recommended Approval Mr. Wyatt presented the review agency comments and project history to the Commission. Mr. Wyatt said that the applicant has proffered that the 1.62 acre site will be utilized for uses accessory to the proposed office building and has proffered out the majority of the uses currently permitted in the MI (Light Industrial) District and the M2 (Industrial General) District. He 4290 said that the staff feels the impacts will not be significant. Mr. John Lewis of Painter-Lewis, P.L.C., was present to represent the owners, Valley Proteins, Inc. and Winchester Rendering, Inc. Mr. Lewis said that the proposed building fits on the area that is already zoned M2 and the additional acreage being rezoned is strictly to accommodate the truck maneuvering areas. There were no public comments. The Planning Commission had no particular areas of concern with this rezoning. Upon motion made by Mr. Light and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #007 -96 of Valley Proteins, Inc. to rezone 1.62 acres from RA (Rural Areas) to M2 (Industrial General) for the construction of uses accessory to a new office building. Amendment to the Frederick County Code, Chapter 165, Zoning, Sections 165 -82 and 165 -44 to allow self - service storage facilities in the MI (Light Industrial) District. Action - Recommended Approval Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS) received a request to amend the Zoning Ordinance to allow self - service storage operations in the MI (Light Industrial) District. He said that the DRRS felt the use would be appropriate, provided that the existing performance standards were revised to accommodate the use. Mr. Wyatt said that input was received from representatives of the Industrial Parks Association and self - service storage facility owners in order to revise the existing performance standards. Mr. Wyatt said that there was some discussion at the DRRS meeting about whether the individual units within the self - service storage building should be limited to 500 or 1,000 square feet. Mr. Wyatt said that some of the self - service storage operators who cater to industrial users felt that the larger square footage was needed, while the self - service facility operators who catered to residential users were concerned that the larger square footage may create the potential for people to work or conduct some other business in the units. Mr. Wyatt also explained that the landscaping and screening requirements were developed using a sliding scale based on the whether the use was located within a B2, B3, or M1 District, and within a master planned industrial park or office park. Members of the Planning Commission felt that the larger square footage would be 4291 M appropriate. They also felt that the sliding scale for landscaping was appropriate. There were no public comments. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendments to the Frederick County Code, Chapter 165, Zoning, Sections 165- 82(D), District Use Regulations, and 165 -44(A through G), Self - service Storage Facilities, with an increase in the size of the individual units within self - service storage buildings, as described under Section 165- 44(C), from five - hundred (500) square feet to one - thousand (1,000) square feet and with landscaping and screening requirements on a sliding scale, as described under Section 16544(F) (1 through 4). Master Development Plan #007 -96 of Woodside H to develop 31.58 acres for 80 single family detached cluster lots. This property, zoned RP (Residential Performance) is located on the west side of Double Church Road (Rt. 641), south of the Fairfax Pike (Rt. 277) intersection, and is identified with PIN 86 -A -21 in the Opequon District. Action - Recommended Approval Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, the design engineers for the project, was representing the owner, Jeni Company, and he presented the plan to the Commission. Mr. Maddox said that Route 641 will be relocated and improved, which will eliminate poor site distance and steep slope issues, and the new entrance has been four - laned. He added that there will be two intersections serving the Woodside Estates Subdivision, the vast majority of traffic will be going north to the traffic light. Regarding the concern about traffic impacts, Mr. Sager asked Mr. Maddox if he would furnish for the Board of Supervisors' meeting in December, the current traffic count on Route 641 and the estimated number of vehicle trips per day for Woodside II. Commission members asked if VDOT had comments about the additional traffic flow at the Route 277 intersection and Mr. Maddox replied that VDOT agreed with them that the increase was fractional and would not change the characteristics of the intersection. Commission members asked if the requirements of the road efficiency buffer had been met. Staff replied that the applicant has proposed a meandering buffer along Double Church Road (Rt. 641), which extends from 50' to 80' in width. Members of the Commission also inquired about access to the adjoining Ritter and Racey tracts because they had concerns that these two tracts might become land - locked. Mr. Wyatt said that the Ritter.tract has existing road frontage along Route 641 and the applicant is proposing a street connection to the Racey tract. Mr. Wyatt also pointed out that the Racey tract is within the Double Church Road Agricultural and Forestal District. He said that 4292 5 property owners within this agricultural district have requested that reference be made in the deeds and sales literature that this subdivision abuts an agricultural and forestal district. It was noted that the applicant has agreed to do this. The question of maintenance of the open space and the two storm water management ponds along a public road was discussed. Staff explained that after a certain percentage of lots have been sold, the maintenance requirements are the responsibility of the property owners association. Chairman DeHaven called for public comment and the following persons came forward to speak: Mrs. Loretta Wymer, adjoining property owner at 731 Double Church Road, said that she and her husband were opposed to this development during the rezoning and they are still opposed to it. Mrs. Wymer's property was going to be impacted by the improvements to Double Church Road. She requested that when her driveway is moved, that the contractor relocate the existing trees and that the yard be leveled and gently sloped, so as to make the lawn easy to mow. She also requested at least one inch of topsoil on the old driveway and that the new driveway be paved. Mrs. Wymer explained to the Commission about the foundation damage she experienced during the construction of Phase I. She said that Mr. Neff, of E. R. Excavating, Inc., examined the cracks on the basement floor and wall, which were the result of blasting that took place at Woodside I. She said that Mr. Neff wanted to wait until all the blasting is completed with the new section and then they will fix the damage. Mrs. Wymer said that her biggest concern is safety for her children boarding and departing the school bus, in light of the additional traffic. Mr. John Stelzl, resident on Route 641, said that he was also opposed to the development of this site. Mr. Stelzl wanted to make sure that the agricultural and forestal district, which adjoins this property on several sides, was protected. Mr. Stelzl requested that trees be planted along the boundary lines between the Painter and Racey tracts to serve as a buffer between the urban and rural areas. Regarding Mrs. Wymer's concerns, Mr. Maddox stated that both he and the contractor, Mr. Neff of E.R. Neff Excavating, Inc., have personally met with Mrs. Wymer on several occasions. Mr. Maddox said that Mr. Neff is handling the items Mrs. Wymer has indicated and those will be followed -up by the owner. He explained that the contractor's liability insurance will pay for repair of the foundation damage, a special drawing of the entrance has been done and attached to the construction drawings indicating safe slopes and grading, and the driveway will be paved but will be somewhat steeper. He added that they will also relocate the water main. Mr. Maddox said that they have examined the possibility of sidewalks to handle children's access to the school bus, however, VDOT recommended against those because of maintenance issues. Mr. Maddox said that if they can determine the school bus loading/unloading areas, they will make suitable changes, even as the project is being built, in order to alleviate any safety issue regarding that intersection. All this has been approved by the owner, will be put forth in writing and given to Mrs. Wymer so she can be assured that these things will occur. 4293 G Regarding the screening question along the borders of the Racey and Ritter tracts, Mr. Maddox said that the green areas on the master plan represent open space -- existing vegetation along the fence line, which they do not intend to disturb. Mr. Ours said that his concern at the time of rezoning was the impact of traffic on Route 277 and this continues to be a concern. Mr. Ours said that the 1993 figure is 9,000 tpd on Route 277 and Mr. Maddox has proposed 640 additional tpd. He said that changes in that area in the past three years include The Village at Sherando, Deer Run Estates, six or seven additional sections to Fredericktowne Estates, Jefferson Village, additional Georgetown Townhouses, Woodside I, and Mosby Station and all of these will impact Route 277. Mr. Ours said that his concern was the issue of infrastructure and developments being established without the ability to support the traffic. He said that his other concern was one of enforcement. He pointed out that traffic enforcement in Frederick County is only as good as the equipment and staff available. He noted that adding to the traffic on Route 277 is the Sherando High School, school bus traffic, and student drivers. Commission members were concerned about the traffic situation on Route 277, however, they pointed out that the State had made the determination that the road could handle the traffic. They also pointed out that these issues were raised during the time of rezoning. Commission members felt the proposed development had many fine features- -the open space up front to shield the development from the roadway, the roadway effort worked out with VDOT, the way the developers have worked with the neighbors to address concerns. Commission members felt they could support the master plan on that basis. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #007 -96 of Woodside II to develop 31.58 acres for 80 single - family detached cluster residential lots by the following majority vote: YES (TO APPROVEI DeHaven, Wilson, Morris, Ellington, Marker, Copenhaver, Light, Stone NO: Ours DRAFT 1997 COMPREHENSIVE PLAN UPDATE No Action Mr. Lawrence presented the 1997 draft update of Frederick County's Comprehensive Plan as completed by the Comprehensive Plans & Programs Subcommittee (CPPS) and staff. Mr. 4294 Lawrence said that most of the changes consisted of updates to statistical information, such as school enrollment and population figures, and also some minor editorial corrections were made where needed. Mr. Lawrence said the most significant addition is the text relating to the Route 11 North Land Use Plan. One of the Commissioners asked if there was a correlation between what the county projects for development and the school board's population projections. It was noted that past estimates seemed to always fall short of the actual numbers. Mr. Tierney said that school officials obtain information from a number of different sources to estimate their projections. He said that they secure numbers of electrical hook -ups to obtain information on new households, for example. Mr. Tierney said that the Planning Department provides school officials with comment sheets for pending subdivisions and also provides them with copies of approval letters for master development plans. Mr. Tierney explained that this will allow school officials to determine the number of lots approved in a general location. He said that estimating the projections is challenging because families move in and out, and it's difficult to determine the size of the families. He said that you can project how many homes will be built, but you are just dealing with averages as far as how many children are going to be in those households. Commissioners applauded the effort to make the comprehensive planning documentation more pertinent to the entire county by linking it to capital improvements and infrastructure. They had no outstanding concerns with the plan. No action was taken by the Commission at this time. Discussion Resardina the Allowance of Adult Care Facilities in the RP (Residential Performance) District. No Action Mr. Wyatt stated that the Development Review & Regulations Subcommittee (DRRS) considered a request to amend the Zoning Ordinance to allow assisted living care facilities, also known as adult care facilities, as a permitted use in the RP (Residential Performance) District. Mr. Wyatt said that the Zoning Ordinance permits "independent" living facilities with accessory care services as a permitted use and "convalescent or nursing" home facilities as a permitted use with a conditional use permit. He explained that "assisted" care facilities are marketed as a stepping -stone between these two. Mr. Wyatt said that Mr. Bruce Hedrick, Director of Development for Balanced Care Corporation, was present to give the Commission an overview of the desired use. He said that after Mr. Hedrick's presentation, he would review the issues that arose at the Subcommittee meeting in order to get a consensus from the Commission for development of an amendment. 4295 N Mr. Hedrick, Director of Development for Balanced Care Corporation, located in Mechanicsburg, Pennsylvania, came forward to address the Commission and gave an overview of the "assisted" living care facilities concept. Commission members had questions ranging from the architecture reflecting a "residential" concept rather than "institutional" one; whether or not other jurisdictions allowed this use by right or with a special use permit; security issues; and what agency had the responsibility to oversee this type of operation. Commission members were opposed to a "by- right" use in the RP District, but supported the use in RP with a conditional use permit. However, they felt the use should be a "by- right" use in the B2 District because nursing homes and child care facilities were permitted without a CUP. The Commission also felt that performance standards would be appropriate for the B2 use; however, for the RP use, they preferred to look at each one on a case -by -case basis, knowing that some guidance would be in place from the B2, for consistency purposes. Cancellation of January 1, 1997 Planning Commission Meeting The Planning Commission unanimously agreed to cancel their January 1, 1997 meeting due to the New Year's Day Holiday. 1997 Planning Commission Retreat Mr. Tierney said that the 1997 Planning Commission Retreat is scheduled for February 1, 1997. He said that if anyone had ideas for discussion items, the staff would be happy to receive them. 4296 ADJOURNMENT No further business remained to be discussed and the Commission adjourned at 9:00 p.m. Respectfully submitted, Kris C. Tierney, Planning Director nL , X a I Charles. DeHaven, Jr., Chairman 4297