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PC_12-06-95_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 December 6,'1995. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; Marjorie Copenhaver, Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison Staff present: Robert W. Watkins, Planning Director and Secretary; Evan A. Wyatt, Planner 11; W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; and Renee' S. Arlotta, Minutes Recorder. Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF OCTOBER 18 1995 &. NOVEMBER 1 1995 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of the October 18, 1995 meeting were unanimously approved as presented. 4107 0 Upon motion made by Mr. Marker and seconded by Mr. Ours, the minutes of November 1, 1995 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Transportation Committee - 1215195 Mtg. Mr. Wyatt reported that the Transportation Committee considered two proposals for ISTEA enhancement funding. Mr. Wyatt said that the committee endorsed both proposals and those will be brought before the Planning Commission at their first meeting in January. PUBLIC HEARINGS Rezoning Application #008 -94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). The property is located at the intersection of Custer Avenue and Pembridge Road and is identified with PINS 64A- 4 -20A, 64A -10 -A, and 64A -10 -B and is located in the Shawnee District. Action - Tie Vote Chairman DeHaven stated that he would abstain from discussion and vote of this item and he turned the meeting over to Vice - Chairman Marker. Mr. Tierney said that this item was tabled from the Commission's November 1, 1995 meeting. Mr. Tierney presented the background information to the Commission. 4108 Mr. Michael Carroll came forward to represent his father, Mr. James Carroll, the owner and applicant. Mr. Carroll requested that the Planning Commission approve the rezoning with the proffers as presented. Mr. Carroll said that if the business zoning was not approved, they would pursue development of apartments on the site, which is a permitted use in RP. Members of the Commission discussed with Mr. Carroll the status of improving the intersection of Pembridge Drive and Route 50. Mr. Carroll noted that Mr. Maddox had completed preliminary drawings, however, the expense of the engineering work and coordination of other property owners was too great for them to continue without a guarantee that their property would be rezoned. Mr. Carroll said that when the Miller property, which is located to the rear of Pembridge Heights, develops it will have to be accessed through Pembridge Heights, if some other means of access in not created. Commission members asked the applicant if a specific use for the property was known. Mr. Chuck Maddox, with G.W. Clifford & Associates, project engineers, said that no specific use for the property under B2 Zoning was known at this time. He said they foresee some type of small retail establishment, a restaurant, or a motel. He said that the Comprehensive Plan calls for commercial uses along this corridor and he felt that single family dwellings were not appropriate here. Vice Chairman Marker called for citizen comments and the following persons came forward to speak in opposition. Mr. Gene Kuepfler, 203 Pembridge Drive, said that he was not in favor of unlimited B2 uses on this site. Mr. Kuepfler felt that the applicant should be required to post a bond or other guarantee assuring that entrance work will be completed if rezoning takes place. Mr. Bob Regimbal, 107 Stanley Circle, said that Mr. Carroll has stated that if the residents were opposed to rezoning, the applicant would withdraw the proposal. Mr. Regimbal asked what had become of the revised intersection plan that was to be of benefit to the Pembridge Heights residents. Mrs. Allison Mundy, of Emam Street, said that the proposal involved 250 homeowners versus one property owner. Mrs. Mundy had concerns about the heavy traffic on Route 50, she felt the entrance into Pembridge Heights was a dangerous intersection, and she felt the applicant should present his proposals in writing. She felt that apartments or townhouses on this site would generate less traffic than the proposed commercial development. Mr. James Gibbons, resident of Miller Heights, said that there were too many unknowns involved with Mr. Carroll's proposal. 4109 Mr. Cary Kimble, resident of Pembridge Heights, felt this application had been tabled too many times and that it was time to take final action. Mr. Foster Schwaitz, resident of Miller Heights, also felt a decision needed to be made on this rezoning. Ms. Regina Rishawn, resident in Pembridge Heights, felt that B2 zoning was too ambiguous. She felt that apartments would be better than commercial use on this site. Members of the Commission felt that some of the uses allowed in B2 were not appropriate for this site and needed to be proffered out. They felt the biggest problem with the proposal was the lack of controlled uses for the site. They also recognized the existing traffic problem at the intersection and were concerned about upcoming cumulative traffic problems for the residents, especially when the properties behind Pembridge Heights begin to develop. The Commissioners felt that business zoning, rather than residential zoning, would create the revenue needed to improve the intersection for safety purposes. A motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning as presented. A tie vote resulted, as follows: YES (Approve Rezoning) Shickle, Romine, Wilson, Copenhaver, Light. No: Ours, Morris, Thomas, Marker, Stone. Abstain Dehaven The Commission agreed to send this application for rezoning to the Board of Supervisors with the tie vote. (Chairman Dehaven resumed chairmanship of the meeting.) Conditional Use Permit Application #012 -95 of Edward Sutphin for a cottage occupation for small engine repair at 1179 Hudson Hollow Road. This property is identified with PIN 86 -2 -9 in the Opequon District_ Action - Approval Recommended 4110 5 Mr. Miller said that there is currently a significant zoning violation on this property which consists of a very large area where several hundred old lawn mowers, lawn trimmers, and other apparatus are openly stored. He said that this entire area is visible from Hudson Hollow Road (Rt. 636) and from two private roads that run along both sides of the property. Mr. Miller said that any consideration of this request must include the requirement that the zoning violation be eliminated from the property and the applicant has agreed to do this. Mr. Edward Sutphin, property owner and applicant, said that he would eliminate some of the equipment and then centralize and screen the remainder. Chairman DeHaven called for citizen comments and the following person came forward to speak in favor of the request. Mr. Lewis Young, adjoining property owner, spoke in favor of Mr. Sutphin continuing with his operation. Mr. Young said that he spoke with Mr. Sutphin about centralizing the equipment and screening the driveway with white pines. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, that the Frederick county Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #012 -95 of Edward Sutphin for a cottage occupation for small engine repair with the following conditions: 1) This permit will not be effective until the zoning violation is eliminated from the property. If this is not completed within six months, permit approval will automatically be revoked. 2) All repair work must be done inside a completely enclosed building. 3) No outside storage of parts, salvaged equipment, or equipment awaiting repair shall be allowed unless it is properly screened from view from any roadway or adjoining property. 4) The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 5) Any construction of facilities to accommodate this or any other expansion of the use shall require a new conditional use permit. 4111 2 Rezoning Application #006 -95 of Woodside Estates to rezone 36.4589 acres from RA (Rural Area) to RP (Residential Performance) for 81 single family homes. This property is located on the west side of Double Church Road (Rt. 64 1 ) and south of the intersection with Fairfax Pike (Rt. 277) and is identified with PIN 86 -A -21 in the Opequon District. Action - Denial Recommended Mr. Tierney said that staff was recommending approval of the rezoning, contingent on satisfying comments from VDOT on the Traffic Impact Analysis. Mr. Charles W. Maddox, Jr., with G.W. Clifford & Associates, the design engineers for this project, came forward to present the rezoning proposal to the Commission. Mr. Sager asked if any improvements were planned for Double Church Road and Mr. Maddox replied that none were planned. Members of the Commission noted that traffic on Double Church Road (Rt.641) would increase by 50% with Woodside Estates I and II. They felt that 5,000 to 6,000 t.p.d. was unsafe for Rt. 641, especially because of the line of site problems, the curves, dips, and ditches. Members of the Commission also expressed safety concerns over the two driveways that were proposed to access Route 641 at this location and felt it was very dangerous in light of the traffic and unsafe road conditions. Chairman DeHaven called for citizen comments and the following persons came forward to speak: Mr. Linwood Ritter, the owner of Lot 21 B, which was surrounded by the parcel to be rezoned, was concerned about the protection of his property from future residential lots. Mr. Ritter suggested that pine trees be used to buffer his property. Mr. Charles Carbary, owner of Lot 22, which was also surrounded by the parcel to be rezoned, said that he was experiencing a sewer problem and was interested in hooking onto the waterline of the proposed development. Mr. Carbary felt that Route 641 needed major restructuring to remove dips and S -curves in order to make the road safe. Mr. Bill Tisinger, one of the owners /applicants, stated that they would work with Mr. Ritter to provide some type of buffer and also would make arrangements to hook the two interior lots to sewer. Mr. Tisinger said that they would also be willing to eliminate the driveways from the two lots fronting on Route 641. Mr. Lawrence Fagg, a local resident, felt the property should not be rezoned 4112 0l because only a portion of the property was located within the Urban Development Area. Mr. Fagg felt that proposed impacts to traffic, county services, and the environment had not yet been identified and addressed. Mr. John Stelzl, adjoining property owner, was concerned about traffic impacts on Route 277/641. He also felt that some type of buffering /screening was needed along the border of the Urban Development Area, so that adjoining uses would be protected from noise, dust, four - wheelers etc. Mrs. Loretta Wymer, adjoining property owner, felt the existing traffic situation was dangerous and she was concerned for the safety of her children getting on and off the school bus. Mrs. Wymer said that she also had concerns about blasting. She said that since the start of construction of the 66 homes in the adjoining development, they have experienced cracks in her basement and water seepage. Mr. Herbert M. Painter, adjoining property owner, presented photographs of existing water problems in this area. Mr. Painter was concerned about increased run -off with more asphalt. He also had concerns about increasing traffic problems on Route 641/277 and overcrowding of schools. Mr. Painter also felt the road needed major restructuring for safety purposes. Members of the Planning Commission concluded that Route 641 was overloaded and unsafe at the present time and would not be able to handle additional traffic without major road improvements. They noted that the additional students at Sherando High School would also add to the traffic on Route 277. Members of the Commission anticipated a compatibility problem with the proposed residential subdivision bordering an active Agricultural and Forestal District. They were also opposed to driveways accessing Route 641 from the two lots at the west end of the proposed development. The Commission recognized the fact that this was a reputable developer, but felt that the overriding infrastructure issue was a major concern. Upon motion made by Mr. Ours and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby by recommend denial of Rezoning Application 1/006 -95 of Woodside Estates to rezone 36.4589 acres from RA (Rural Areas) to RP (Residential Performance) by the following majority vote: 4113 Yes (To Deny Rezoning): Ours, Shickle, Morris, Thomas, Routine, Wilson, Marker, Copemhaver, Light, Stone No: DeHaven OTHERITEMS � 2 1 Mr. Tierney reported that the majority of revisions to the plan consists of updating statistical information such as school enrollment and population figures and minor editorial corrections. He said that the most significant addition is the text relating to the Round Hill Land Use Plan and the text relating to the Battlefield Network Plan. The Commissioners had no major concerns with the plan and Chairman DeHaven recommended that the Plan be advertised for public hearing on the next available date. Informal Discussion regarding a proposed Master Development Plan by Dr. Raymond Fish" Mr. Wyatt said that Dr. Fish is requesting that the Planning Commission move his discussion item to later in the agenda because his surveyor, Mr. Edens, had not yet arrived. Chairman DeHaven agreed to move Mr. Fish's item of discussion to the end of the agenda. Informal Discussion Regarding a Public Utilities Improvement Project by the City of Winchester No Action Required 4114 E Mr. Jesse Moffett, Director of Public Utilities for the City of Winchester, came forward to present a public utilities improvement project for provision of an additional water supply to the north zone of the City of Winchester. Mr. Moffett said that the proposed water storage tank will provide additional capacity and pressure that will assist with fire protection and water demand for the high zone City water system. He said that the proposed water storage tank will be 35 feet high, will have a capacity of one million gallons, and will be constructed on property located within Frederick County. Mr. Moffett said that the property, consisting of 120 acres, is located on the north side of Northwestern Pike (Rt. 50), just west of Route 37 and the Winchester Medical Center, and is owned by Fruit Hill Orchards. No action was required by the Planning Commission. Informal Discussion Regarding Self - Storage Facilities in the Ml (Light Industrial) Zoning District by E. E. Bayliss III Vice - President of D & M Mechanical Contractors Inc_ No Action Required Mr. E. E. Bayliss, III, Vice - President of D & M Mechanical Contractors, was present to obtain the Planning Commission's opinion regarding the allowance of self - storage facilities in the M1 ((Light Industrial) Zoning District. Mr. Bayliss said that the property in question is located in the Baker Lane Industrial Park and is presently occupied by his company. Mr. Wyatt said that self- storage facilities are currently permitted in the B2 (Business General) and the B3 (Industrial Transition) Zoning District. He noted that performance standards were created for self - storage facilities during the 1990 comprehensive revision to the Zoning Ordinance. He said that these standards are required to be implemented during the design and construction phase for any zoning district permitting this use. Members of the Commission felt they would rather have the property rezoned than to allow an `across the board' use in the M1 District. No other action was required by the Planning Commission at this time. 4115 10 Informal Discussion Regarding Pegasus Center Master Development Plan and a Request for Zoning District Buffer Wavier Action - Approval of Waiver Request Mr. Wyatt said that Mr. John C. Lewis, P.E. wishes to address the Planning Commission on the Pegasus Center Master Development Plan and a request for a waiver of the zoning district buffer. Mr. Wyatt said that the Pegasus Center is located on property owned by Kevin and Patricia Adams and currently houses the Airport Office Building. He said that the proposal will create the Pegasus Business Center on 6.25 acres and will improve access to the adjoining Project Hope facility. The properties are zoned B2 (Business General) and M1 (Light Industrial), respectively. Mr. John C. Lewis discussed the overall concept and phasing of the project which included flex space for office and storage within a business park setting. He then discussed his request for a waiver of the zoning district buffer. He proposed to relocate the landscaping required by the zoning district buffer to other areas on both properties. He said that this proposal would allow for access improvements to each property and would separate truck traffic from automotive and pedestrian traffic. Members of the Commission stated that Mr. Lewis's concept sounded more like B3 use than B2 use. The staff explained that in prior discussions with Mr. Lewis, he described retail /restaurant -type uses in a campus -style setting, using the rear of some of the buildings for storage for the uses in the office space area. The staffs opinion was that the waiver would be appropriate given the compatibility of the uses. With regard to phasing of the master development plan, members of the Commission felt that if the total number of lots were approved initially, they would not have a problem subdividing off portions, as long as the development was consistent with what was previously approved. A motion was made by Mr. Thomas and seconded by Mr. Romine to approve the waiver request to allow a redesign of the required buffer between the B2 and Ml properties which will require the same amount of landscaping that will be relocated to the perimeter of these sites. This motion was unanimously approved. 4116 11 Request for Waiver of the Zoning District Buffer for John Tauber /Professional Mobile Home Sales by G.W. Clifford & Associates Inc. Action - Approval Mr. Tierney said that Mr. Stephen M. Gyurisin of G.W. Clifford & Associates, Inc., is requesting a waiver of the zoning district buffer between the recently rezoned Cole property on Route 7 (proffered for mobile home sales) and the Franklin Mobile Home Park, located directly to the rear of the Cole property. Mr. Tierney said that the staff has had considerable discussion as to whether or not the circumstances involved met the qualifying criteria for granting a waiver. He said that although both properties contain mobile homes, one is clearly a residential use and the other is a commercial use. Mr. Tierney said that the staff would not be opposed to some reduction in the distance buffer, perhaps 50' as compared to the 100' required as part of a `C' category buffer when a full screen is provided. He said that the staff also feels there may be some room for negotiation regulating the screening provided, however, they do not feel that a complete waiver of screening is appropriate. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the design engineers for this project, came forward and introduced himself and Mr. John Tauber, who plans to lease the property for mobile home sales; Ms. Mildred Cole, the property owner; and Mrs. Cole's attorney, Mr.Taz Shultz. Mr. Gyurisin showed slides of the property and pointed out the areas of the property where buffering was in question. Mr. John Tauber said that having a sales office is now the standard practice for mobile home parks. Mr. Tauber said that he plans to have three model homes. He added that every use except mobile home sales was proffered out when this property was rezoned. Members of the Planning Commission did not have a problem with a reduction in the width of the buffer as long as an adequate buffer /screen remained along the southern property line between the two areas. The Commission was not in favor of eliminating the buffer entirely. Mr. Taz Shultz, counsel for Mrs. Mildred Cole, the property owner, said that his client was in favor of this request. Mr. Shultz said that from an appearance stand point, the mobile home sales office and unit will look almost identical to the mobile home park. Mr. Shultz said that the applicant is also asking for a waiver of the buffer along the east line. Mr. Gyurisin said that he would be willing to work with the staff to come up with a suitable buffer solution for the eastern property line. 4117 12 Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the request for a waiver of the zoning district buffer along the south side of the mobile home sales property to 50' with staff recommendations on screening and buffering. Informal Discussion Regarding Revisions to the Preston Place Master Development Plan by Arthur Woods Vice President of Bengstonk DeBell & Elkin Ltd. No Action Mr. Arthur Woods, Vice President of Bengston, DeBell & Elkin, Ltd, came forward to describe the proposed revisions to the Preston Place Master Development Plan. Mr. Woods' request was for Phase II of the property, located on the north side of Airport Road, to be developed into 44 apartment units. He said that all of the townhouses for sale would be eliminated. The Commission asked Mr. Woods if there would be a density change with the revision. Mr. Woods said that the density would be less than previously proposed. The Commission felt that this property met a community need and that the applicant had recognized that the apartment units were in more demand and were more desirable than the other housing type. They felt that this change was being made to reflect community desires. CANCELLATION OF THE DECEMBER 20 1995 MEETING The Planning Commission unanimously agreed to cancel their December 20, 1995 meeting due to the Christmas holiday. (The informal discussion with Dr. Raymond Fish did not occur. Mr. Fish left the meeting.) 4118 13 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:30 p.m. Respectfully submitted, Charles S. DeHaven, Chairman Robert W. Watkins, Secretary 4119