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HomeMy WebLinkAboutPC_09-07-94_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 September 7, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon . District; George L. Routine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. Planning Staff present: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. ABSENT: S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mrs. Copenhaver reminded the Commission that two public meetings are scheduled to discuss revisions to the Comprehensive Plan pertaining to corridors. She said that the meetings are scheduled for September 12 at Senseny Road Elementary School and September 3855 E 19 at Robert E. Aylor Middle School. She said that both meetings will begin at 7:30 p.m. and Planning Commissioners are requested to attend. Development Review & Regulations Subcommittee (DRRS) - 8/24/94 Mtg Mr. Thomas reported that the DRRS discussed potential amendments to the Zoning Ordinance. Transportation Committee - 9/6/94 Mtg. Mr. Thomas reported that Transportation Committee held a public hearing on the Secondary Road Improvement Plan. He said that there will be some revisions and this will be coming to the Planning Commission in the near future. DIVISION OF A RURAL PRESERVATION LOT FOR ROBERT L. SANDY AND JANIE S. SANDY ACTION - RECOMMENDED APPROVAL Mr. Miller stated that the plat proposes the division of a 2.309 acre lot from a larger tract consisting of 74.769 acres. Mr. Miller said that this would be a permitted division except for the fact that Section 165 -56 A of the Zoning Ordinance requires that the lot be 250' in width at the 60' setback line when established on an existing state maintained road. Mr. Miller said that the proposed eastern boundary of this lot is also the zoning boundary of the MH- 1 zoned land also located on this parcel. He said that the MH -1 zoned portion and this proposed lot are both part of a larger parcel identified as PIN 87 -A -95. He said that if this lot is required to have 250' frontage on Fairfax Pike, this would be possible, but it would need to encompass enough of the MH -1 zoned portion to establish that width. Mr. H. Bruce Edens of Greenway Engineering, Inc. was representing this application. Mr. Edens said that in order to acquire the frontage for this lot, it would have to cross the entrance road into the mobile home park, which is not practical. Chairman Golladay asked if the lot was pre - existing and Mr. Edens replied that it was. There were no public comments. 3856 3 The Commission had no problems with allowing the subdivision. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Greenway Engineering, Inc. to permit the division of a rural preservation lot with less than the required 250' state maintained road frontage. SUBDIVISION APPLICATION #006 -94 OF HOLTZMAN OIL COMPANY TO SUBDIVIDE 2.693 ACRES INTO TWO LOTS. ACTION - RECOMMENDED APPROVAL Mr. Miller said that the applicant proposes to divide a 2.693 acre tract into two lots, one of .644 acres to accommodate the existing bank and one of 2.049 acres to permit further development. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, was present to represent the applicant. Commissioners asked for clarification on the access to this and surrounding lots. Mr. Gyurisin confirmed that ingress and egress for Lots 1 and 2 would be from Route 11 and the adjacent Taco Bell lot would have access on Welltown Road. The Commission felt that the proposal met the ordinance requirements and qualified for waiver of the master plan requirement. It was noted that developmental issues associated with the property could be addressed at the site plan stage. Upon motion made by Mr. Light and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #006 -94 of Holtzman Oil Company to subdivide 2.693 acres into two lots. This property is located on the north side of US Rt. 11 North/ VA Route 37/ Martinsburg Pike, east of Interstate 81 and Welltown Road (Rt. 661) and is identified as PIN 43 -3 -D in the Stonewall District. 3857 4 Conditional Use Permit #005 -94 of Mark E. Lowery for a public garage without body repair. This property is located on Dicks Hollow Road (Rt. 608) and is identified with PIN 52 -14 -A in the Gainesboro District. ACTION - RECOMMENDED APPROVAL Mr. Miller stated that the proposed activity is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit. Mr. Miller said that it was observed during a visit to this site on August 18, 1994 that automobile repair is currently being conducted in the garage facility located on the property. He stated that the location seems to be appropriate for this activity because the location is not visible from the road or any adjoining residence. Mr. Miller noted that some parts and other material were being stored outside of the building. Mr. Mark Lowery, the applicant and property owner, said that he acquired the property last December and he was under the impression that the property was zoned properly for his business use. Mr. Lowery said that when he found out it wasn't zoned properly, he began procedures to acquire a conditional use permit. He said that he strives to be conscientious about his neighbors and the appearance of the property. He added that all the vehicles will have current tags and registration. There were no public comments. The Commission noted the Health Department comments that Mr. Lowery should be the sole employee based on restroom facilities. The Commissioners had no problems with issuance of the CUP. Upon motion made by Mr. DeHaven and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #005 -94 of Mark E. Lowery for a public garage without body repair with the following conditions: 1. No exterior storage of parts and equipment shall be permitted on this property. 2. No inoperative vehicles shall be stored on the property. 3. All review agency comments must be complied with at all times. 4. The number of vehicles awaiting repair shall be limited to no more than eight at any time. 3858 5 Preliminary Master Development Plan x/005 -94 of Garber Estates to establish 13 acres of commercial retail use. This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Rt. 50, and is identified with PIN 64 -A -4 in the Shawnee Magisterial District. ACTION - RECOMMENDED APPROVAL Mr. Tierney presented the background information with the review agency and staff comments. He said that VDOT has requested signalization at the entrance road. He said that the site contains no environmentally sensitive areas other than a small area that would be considered a wetland and the project designer will utilize this as an on -site storm water management area. Mr. Tierney said that the plan shows an extension of Costello Drive which would connect to Prince Frederick Drive in the Prince Frederick Office Park, which is conformance with plans for the general area. Mr. Tierney said that the proposed northernmost entrance does not meet the county's spacing requirement which calls for a minimum of 150,' therefore, that entrance would need to be "right turn only" upon exiting. Mr. Tierney said that he also spoke with the applicant and requested that they provide a stub connection to the Delco Plaza site and they have agreed to that. Mr. Ronald Mislowsky, with G.W. Clifford & Associates, was present to represent this application. Mr. Mislowsky said that the applicant understands that a signal will be required at the intersection of Route 522 and Costello Drive. He said that the applicant is also willing to work with Delco Plaza to provide a connection to the Delco site. Mr. Mislowsky said that they also understand that the northernmost entrance on Rt. 522 will be a "right in" and "right out" only entrance. The Commissioners felt this property should be tied into the back part of the bank's property and the Delco Plaza site in order to reduce as many entrances onto Rt. 522 as possible and to give people a number of options to access the site. The Commissioners also had some concerns about Costello Drive ending in a cul -de -sac so far away from the property line. They felt that in order to provide for a continuous road network between sites in the future, Costello Drive should be extended to the property line. There were no public comments. Mr. Romine made a motion to approve the master plan and this motion was seconded by Mr. Stone. Mr. Thomas moved to amend Mr. Romine's motion to include the stipulation that Costello Drive be built to the easternmost property line or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road that the applicant does not construct. The motion also included the requirement that the plan address all review agency 3859 M comments and all comments and concerns of the Planning Commission and the Board of Supervisors. This amended motion was seconded by Mr. Light and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #005 -94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that Costello Drive be built to the easternmost property line of the proposed subdivision or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road; and, that the master plan address all review agency comments and all comments and concerns of the Planning Commission and the Board of Supervisors. Subdivision Application #005 -94 of Garber Estates to establish 13 acres of commercial retail use_ This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Route 50, and is identified with PIN 64 -A -4 in the Shawnee Magisterial District. ACTION - APPROVAL Mr. Miller stated that all review agency comments that were presented with the Master Development Plan for this site are applicable to the subdivision application. He said that no review agency had comments that might preclude approval of this request. Mr. Miller said that this subdivision is for four lots: a 13 acre lot, a 4.3 acre lot, a 8.88 acre lot, and an 80' right -of -way. Mr. Ronald Mislowsky, with G. W. Clifford & Associates, was present to represent this subdivision. The Commissioners felt that the proposal conformed with the presented master plan and met ordinance requirements. Upon motion made by Mr. DeHaven and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #005 -94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that final administrative approval is not given until Board of Supervisors' approval of the master development plan. 3860 7 Rezoning Application #006 -94 of Frederick Mall Land Trust /James T_ Anderson to rezone 16.08 acres for a 30 lot residential subdivision located just west of Greenwood Road (Rt. 656) and south of Senseny Road (Rt. 657) and is identified with PIN #55 -A -195 in the Shawnee Magisterial District. ACTION - RECOMMENDED APPROVAL Mr. Tierney presented the background information, review agency and staff comments. Mr. Tierney said that VDOT has requested that any access roads to this parcel be located opposite Route 1243 to reduce possible turning problems. He said that the staff feels that this development will create a relatively minor traffic impact, based on the impact statement submitted with the application. Mr. Tierney added that the applicant has submitted a proffer which limits the use of the property to no more than 32 single - family housing units. He said that the applicant has also proffered $3,169.00 per unit, payable at the time of issuance of building permits. He said that this amount corresponds to the projected fiscal impacts for schools, parks and recreation, and the unfunded portion of fire and rescue costs according to the county's impact model. Mr. James T. Anderson, representing the Frederick Mall Land Trust, said that they are proposing 15,000 and up square foot lots with no more than 32 lots. Mr. Anderson said that they propose to market the homes at between $170,000 to $200,000 +. Commissioners asked Mr. Anderson if he was aware that VDOT would like their entrance to be across from Route 1243. Mr. Anderson said that he was aware of that. Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mr. Charles McIlwee, property owner to the east of this parcel, asked that stormwater management be addressed. Mr. McIlwee said that his residence lies in a low area and he has been flooded three times. In response to Mr. McIlwee's concerns, Chairman Golladay suggested that Mr. Anderson meet with Mr. McIlwee regarding the drainage situation. It was noted that stormwater management issues would be addressed at the master development and site plan stages. Given the location of the parcel within the UDA and adjacent existing RP zoning, along with the applicant's proffered limit on the number of units and monetary contribution to the general fund, the Commission was generally in favor of the rezoning. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, 3861 E BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #006 -94 of Frederick Mall Land Trust/James T. Anderson to rezone 16.08 acres for a 30 lot residential subdivision. Discussion Regarding a Waiver for Woodside Subdivision Requested by G. W_ Clifford & Associates ACTION - WAIVER DENIED Mr. Miller said the Woodside Estates was approved by the Planning Commission on August 3, 1994. Mr. Miller said that the approval specifically required, in accordance with the Subdivision Ordinance, that sidewalks be installed on both sides of all streets. He said that on behalf of the developer, G. W. Clifford & Associates has requested that they not be required to install sidewalks on both sides of the streets and are proposing an alternative to that requirement in the form of a bicycle path located in the street. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, presented his alternative plan and said that on 36' streets, they were proposing dual bikeways with sidewalks on one side of the street and on street widths of 30', no sidewalks would be provided. He said that all streets would have curb and gutter. Mr. Maddox was concerned about the ramifications, in terms of the costs per lot, of having sidewalks on both sides of the street. Commissioners were concerned about the elimination of on -street parking by placing bikeways on both sides of the street. They said that the proposal provided no extra facilities or extra width, only painted lines on the street and the elimination of on -street parking. It was also noted that the length of the.proposed bikeway through the subdivision was probably less than a quarter mile, which wouldn't provide for a very lengthy bike trip. They also felt that enforcing "no parking" along the bikepath would be difficult. The Commissioners also felt that amenities such as sidewalks and curb and gutter have been shown to enhance property in the county for home sales. The Planning Commission felt that the proposal did not meet the intent of the subdivision ordinance and upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby sustain the subdivision ordinance as written and does hereby require sidewalks on both sides of all streets as intended. The vote on this waiver request was as follows: 3862 E YES (TO SUSTAIN THE SUBDIVISION ORDINANCE AS WRITTEN): Stone, Light, Copenhaver, Marker, Romine, Thomas, Morris, DeHaven, Shickle NO: Golladay ROUTE 37 RECOMMENDATION Mr. Watkins stated that the final decision concerning which alternative would be chosen for Route 37 would rest with the Virginia Commonwealth Transportation Board, however, he felt the time had come in the process when it would be appropriate for the County to make a recommendation to the Transportation Board concerning which alternative would be most appropriate. Mr. Watkins stated that the first option that needed to be considered was the "Build vs No- Build" option. He said that secondly, a selection needed to be made between Alternatives A through F. Using comparisons such as percentage of decrease in daily vehicle miles traveled, dwellings displaced, businesses displaced, and cost, the staff felt Alternatives C and F were superior to the other alternatives. Mr. Watkins noted that Alternative F was superior in terms of various measures used in the Transportation Model, however, it had a serious drawback in that it would totally disrupt and remove the existing business area that currently exists around the 37/11 interchange on 1 -81, north of town. There were no public comments. Commissioners discussed whether Alternative C or F would have the potential to improve the situation at the Rt. 11/37/81 interchange. They were concerned about disrupting the existing businesses around the 37/11 interchange if Alternative F was chosen. They were also concerned about the effects of the added mileage of Alternative C, but felt that vehicles would take the extra mileage rather than deal with the traffic at the Route 11 /37/81 interchange. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the County choose the "Build" Route 37 alternative over the "No- Build" alternative. (Mr. DeHaven abstained.) Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse Alternative C with some modifications between Route 7 and Interstate 81 on the north to shorten this road segment and to avoid impacts. 3863 10 The vote on the endorsement of Alternative C was as follows: YES (To Endorse Alternative C): Stone, Light, Copenhaver, Marker, Romine, Thomas, Morris, Golladay NO: Shickle ABSTAIN: DeHaven (Note: Mr. Light noted for the record his concerns about the area north of Rt 7 to 1 -81 and Route 11.) INTRODUCTION OF JEAN M. MOORE PLANNER I AND ERIC LAWRENCE_ PLANNER I Mr. Miller introduced two new planners to the Planning and Development Staff, Jean M. Moore and Eric Lawrence. LAUCK DRIVE PETITION FROM SUSAN MALLOZZI (STAR FORT MDP) Chairman Golladay said that he had received a petition from Mrs. Susan Mallozzi. Mr. Watkins said that the petition would be forwarded to the Board of Supervisors for their consideration of the Star Fort Master Development Plan. ADJOURNMENT No other business remained to be discussed and the meeting adjourned at 9:00 p.m. Respectfully submitted, Rob W. Watkins, Secretary Ja s W. 6611aday, Jr., Ch r an 3864