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PC_03-03-93_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 March 3, 1993. PRESENT: Planning Commissioners present were• James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall District; John H. Light, Stonewall District; George L. Romine, Citizen at Large; Beverly Sherwood, Board Liaison; and James Barnett, City of Winchester Liaison. ABSENT: Todd D. Shenk, Gainesboro District Planning Staff present were Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; and Evan A. Wyatt, Planner I1. CALL TO ORDER MINUTES Chairman Golladay called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of January 20, 1993. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of January 20, 1993 were unanimously approved as presented. BIMONTHLY REPORT information. Chairman Golladay accepted the Bimonthly Report for the Commission's 2 COMMITTEE REPORTS Joint Worksession - -HRAB PC & BOS - 2/26/93 Mtg_ Mr. Watkins said that the HRAB and Maral Kalbian presented results of Frederick County's Historic Sites Survey to the Planning Commission and Board of Supervisors. Discussion centered on direction for the HRAB with emphasis on education, incentive approaches, and various programs. Mr. Watkins said that the HRAB will evaluate what was heard at that meeting and determine what direction they want to proceed in for the future. Transportation Committee - 3/l/93 Mtg._ Mr. Thomas reported that the Transportation Committee reviewed the 1993 Primary Road Improvement Plan and discussed the Intermodal Surface Transportation Efficiency Act (ISTEA). Mr. Thomas said that the committee also received an executive summary of the Corridor H Program. He said that the northern route selected will have significant impacts on Frederick County and Winchester traffic. Mr. Thomas felt the plan needed to be assessed further to determine whether improvements to our area would be included with that plan. Board of Supervisors Mrs. Sherwood said that there will be some informational meetings coming up on the budget. The department heads will be available to answer questions from the public on March 10 at James Wood High School and March 18 at Armel School. Mrs. Sherwood said that the public hearing on the budget will be held on March 24. CITIZEN COMMENTS Mr. Junior Triplett, 363 Front Royal Pike, came forward with a complaint regarding two recently sold parcels of property with bad septic systems and undrinkable water. Mr. Triplett said that he informed Mr. Ed Molden that the parcels he purchased adjoining his residence had bad septic systems and that the water on one parcel was undrinkable. Mr. Triplett said that Mr. Molden has since turned on the electricity to the old house and has not connected to the Sanitary Sewer System. Mr. Triplett said that he went to the Health Department about the problem, but nothing has yet been done. He said that he discovered that a Mr. C. A. Molden is Vice Chairman on the Sanitation Authority and since the Moldens own or rent 3609 3 approximately 300 different properties, he felt that Mr. Molden's position on this committee was a conflict of interest. Chairman Golladay advised Mr. Triplett to speak to the Board of Supervisors, since the Sanitation Authority was a Board - appointed committee and to speak with Mr. Kodar, the Director of the Frederick - Winchester Health Department. AMENDMENT OF THE AGENDA Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, the Commission unanimously agreed to move item #9 (Discussion regarding rezoning impacts on Fire & Rescue facilities) up to Tab E and to move Item #5 (MDP #001 -93 of Prince Frederick Office Park) after consideration of the conditional use permit (CUP #002 -93 of Ryland Homes). DISCUSSION REGARDING REZONING IMPACTS ON FIRE & RESCUE FACILITIES Mr. Watkins said that an impact model has been developed which the staff uses to measure the actual financial impact of a rezoning on county facilities (capital costs only) such as schools, parks, etc. He said that a problem with the model, is that it currently does not measure a financial impact on fire and rescue capital costs in any situation. The reason for this is that the model only measures impacts in relation to the county budget and the county's contribution to Fire & Rescue Companies' capital costs. Because the county only covers a fraction of the actual capital costs associated with fire and rescue, no impacts were generated out of any of the cases examined by the model. Mr. Watkins said that essentially, the fire companies have to seek other sources of contributions to take care of capital costs not covered by the county. Mr. Watkins said that the proffer system language states that cash can be accepted for facilities identified by the C.I.P. or for items not normally included in the C.I.P. Mr. Watkins said that the staff has modified the impact model to identify capital costs associated with fire and rescue. He said that the staff recommends that this modification be included in the impact analysis for rezonings. The Commission had questions on how the funds would be received, who would administer the funds, and who would oversee spending of the funds. Mr. Thomas Owens, Director of Emergency Services, said that the proffer must first be legally received by the county government. Once the funds are received by the Finance 3610 ll Department, a memorandum is written forwarding the funds to the appropriate fire & rescue company. He said that each fire company sets up a proffer line item within their budget. Mr. Owens said that certain procedures are followed so that the money can be traced and a financial statement is done at the end of each year. The Commissioners were in favor of including fire and rescue capital costs within the impact model, however, they stressed the importance of making sure that the funds were used within the law of the statute. (It was noted that the proffers could only be used for capital costs and not operational costs.) Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the staffs recommendation to modify the impact model to include rezoning impacts on fire and rescue services and recommends approval to the Board of Supervisors. PUBLIC HEARINGS Conditional Use Permit #002 -93 of Ryland Homes for an off - premise business sign. This property is identified by Parcel l.D_ #750000A0000370 and is located on the west side of Route 647 at the intersection of Westmoreland Drive in the Opequon District. Action - Approved Mr. Miller said that because the sign was so far removed from the subdivision it advertised, it is considered a business sign and not a real estate sign. Off premise business signs require a conditional use permit. Mr. Miller said that the sign is currently existing and the application was submitted as a result of a complaint against the applicant. Michele Busby, Sales Representative for Ryland Homes, was present as the representative for this application. No one else was present to speak either in favor or opposition to the request. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #002 -93 of Ryland Homes for an Off- Premise Business Sign with the following condition: 1. The sign shall meet all the requirements of the Frederick County Zoning Ordinance and the Code of Virginia 3611 W MASTER DEVELOPMENT PLANS Master Development Plan #001 -93 of Prince Frederick Office Park for a business office park. This property is identified by Parcel I. D. #640000A0000890 and is located south of Route 50, west of Carper's Valley Golf Course, in the Shawnee Magisterial District. Action - Approved Mr. Roger Thomas said that he would abstain from discussion and vote on this master plan, due to a possible conflict of interest. Mr. John Hash, with Patton, Harris, Rust & Associates (PHR &A), said that they have revised their preliminary plan to address the two issues identified at the last Planning Commission meeting, which were: 1) extending the two cul -de -sacs nearer to the adjoining property boundary lines to show the possibility of connection with the adjoining properties; and, 2) revisions to address regional stormwater management issues. Staff inquired about projections for level of development expected by the applicant. Mr. Douglas Kennedy, Transportation Engineer with PHR &A, said that they are considering office park and office uses with approximately 700,000 square feet of development on approximately 91.9 acres. He said that if the employment areas are developed with warehouse or manufacturing uses, the overall yield of the property could go up. The Commission felt the applicant's projections had a bearing on the transportation network through the park. They felt it had a definite bearing on Mr. Childress' letter (VDOT's letter dated 1/13/93), the traffic light on Route 50, and additional accesses to the site. It was pointed out that 700,000 square feet of development on 91.9 acres only amounted to 15 or 17 acres of building, which meant that approximately 75 acres were unaccounted for. Chairman Golladay noted that only one 100,000 square foot office building with 350 -400 employees would result in approximately 400 morning trips and 400 evening trips per day, not including lunch trips. He pointed out that there was only one way for the traffic to go -- to Route 50 and turn left. Mr. Golladay estimated that if you had seven such buildings on the site, the number of trips increased to 2,800 trips - -all at one entrance. He felt it was logical to assume that the traffic problems would be significant. Chairman Golladay preferred to see additional access, either through Route 522 or through the airport. It was the staff's feeling that both additional accesses were needed. Mr. Hash said that they were providing the right -of -way dedication to the property 3612 R line. He said it was his understanding that there may be some development on the property to the west, at which time those people could probably make that connection through, if that was the County's decision. Mr. Douglas Kennedy said that there will be turn lanes required at the Route 50 intersections. Chairman Golladay asked the applicants if they had any problems with Mr. Childress' letter regarding the traffic light, turn lanes, etc. Mr. Kennedy said that they would work with VDOT on the traffic light, if it was warranted. He said that the only condition of Mr. Childress' letter that may cause them a problem was the requirement for an additional turn lane between Ryco Lane and the Big Lots Shopping Center down to G. W. Motors. Chairman Golladay said that a statement was made at the previous Commission meeting that an agreement would be entered into between the County, the State, and the developers indicating that if the road needed widened or improved in any way, that someone other than the developers would pay for it. Mr. Golladay asked if that statement was correct. Mr. Hash responded that the statement was correct. Mr. Romine stated that he would like to have the four -lane road in place at the beginning or at least have the right -of -way. Mr. Romine asked who would pay for the traffic light and other commissioners responded that it should be paid for by the developer. Mrs. Copenhaver inquired if the road within the development would be two or three - laned. Mr. Kennedy responded that initially, they would expect to have a one -lane coming into the site and two lanes going out. He said that if traffic builds up, there may be double lefts. Mr. Hash said that they would not have a problem dedicating the right -of -ways beforehand for the extension of roads. Mr. Marker felt the main road should have an 80' right -of -way and the four lanes should be put in immediately. Most of the Commissioners agreed with this. The staff commented that it may not be necessary to specify 80' for the right -of- way; if the applicant goes in with a curb and gutter section, they might be able to work within a smaller right -of -way. The Commissioners agreed not to specify the "80 feet," but to require the four lanes. 3613 rA Chairman Golladay called for anyone in the audience wishing to speak concerning the proposal and the following persons came forward: Mr. Shirley Carter, adjoining property owner, wanted to know what uses would be allowed within the park. Mr. Charles Ryan, with Ryco Management, asked where the proposed construction entrance would be located. Mr. Ryan wanted to make sure they could still conduct their business on Ryco Lane. Mr. Edward Strawsnyder, Frederick County's Engineer, said that he had discussions with the developer and his comments on stormwater management had been addressed in the latest revised plan. Mr. Wilson commented that this site had the potential to add a terrific amount of traffic to an already congested area. He said that he could not conceive of building a development of this size without putting a four -lane road into and out of it. Mr. Wilson said that his biggest concern that needed to be addressed was to have the four lanes in there and to have the lights in place, once they are called for. Mr. Wilson said that other than that, he would move that this be approved based on the staff's recommendations of approval, provided that the applicant address the staff concerns, all review agency comments (including VDOT's 1/13/93 letter), and any concerns of the Planning Commission and Board of Supervisors. This motion was seconded by Mr. Romine. Mr. Light commented that there seemed to be a lot of questions and no definite answers regarding the stop light, turn lanes, widths of right -of -ways, stormwater management, regional stormwater management, good ingress /egress or a second ingress /egress on this property. Mr. Light felt it was too early to approve the master plan at this time. Mr. Light added that during the Development Review and Regulations Subcommittee meeting, there were discussions about the entrances being four -laned or possibly, a boulevard center section so that more space was available for traffic to turn. Mr. Light felt the County should set out to get ahead of the project and have it planned right initially. Mr. Wilson said that is why he wanted the four -laned road. Mr. Light questioned if Mr. Wilson's motion included the four -lane road and Mr. Wilson clarified that his motion did include the four -laned road. It was also noted that all the comments from VDOT would have to be complied with. The question was called and the following vote took place: 3614 D YES (TO APPROVE): Romine, Wilson, DeHaven, Golladay, Marker, Copenhaver, Carper NO: Light ABSTAIN: Thomas (Mr. Shenk was absent) THEREFORE, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #001 -93 of Prince Frederick Office Park for a business office park with a four -lane access road and traffic lights when called for by VDOT and provided that the applicant address all staff concerns, review agency comments, and any concerns of the Planning Commission and the Board of Supervisors. OTHER Discussion with G.W. Clifford & Associates Regarding a Preliminary Master Development Plan for Franklin Mobile Home Park, located on the south side of Route 7. Mr. Wyatt said that representatives from G. W. Clifford & Associates have requested time for an informal discussion concerning their proposal to create a 49 -lot mobile home park located on the south side of Route 7, adjacent to Shenandoah Hills subdivision. Mr. Wyatt said that the site is zoned MH -1 (Mobile Home Community District) and currently contains 15 occupied sites. Mr. Wyatt said that he has been contacted by a resident of the adjoining Shenandoah Hills subdivision and the concern is not necessarily more mobile homes, but the existing gravel entrance onto Route 7. Because of the speed of traffic coming up Route 7, people exiting the park end up spinning their wheels to get onto Route 7. This kicks up gravel, dust, etc. which effects the neighborhood. Mr. Scott Marsh, from G. W. Clifford & Associates, described the location and other aspects of the site. Mr. Charles Maddox, from G. W. Clifford & Associates, said that the issue of allowability of private streets needs to be decided early in this process by the Planning Commission so that they can create a bonafide application. Mr. Maddox said that the ordinance provides for private streets when they are a continuation of existing streets in MH -1 projects. This project is presently served by a 30' right -of -way connection with Route 7 and additional right -of -ways cannot be obtained for this project according to the owner. He said that the first and major question is whether the Planning Commission would allow the extension of private streets in accord with provisions of the ordinance. 3615 OJ Mr. Rodney Franklin, the contract owner /developer of the site, spoke to the Commission about his lack of success in trying to acquire additional right -of -way from adjoining property owners. The Commissioners felt that the traffic situation would be tight on the 30' right -of- way due to the density of development. They were concerned about right -hand turns from the site onto Route 7. Some Commissioners felt that there needed to be a pedestrian access, in the form of a walkway, around the site and some type of pedestrian access out to Route 7 for school bus access. No formal action was needed by the Commission at this time. Discussion with Greenway Engineering regarding a proposed single - family cluster development on Greenwood Road. Mr. Wyatt said that Mr. H. Bruce Edens, of Greenway Engineering, has requested time at the Commission's meeting for an informal discussion regarding a proposed single - family cluster development on Greenwood Road. Mr. Wyatt said that the road fronting lots 1 through 8 is specified in the Comprehensive Plan as a new minor collector road. With that in mind and this being residential development, there would be a road efficiency buffer required for this site. Mr. Wyatt said that this greatly reduces the amount of buildable area on the lots fronting on this road. Mr. H. Bruce Edens, of Greenway Engineering & Surveying Company, presented the proposal to the Commission. Chairman Golladay asked if the road efficiency buffer was strictly open space. Mr. Wyatt replied that the road efficiency buffer would require landscaping. Mr. Wyatt added that if the applicant decided to go with the reduced road efficiency buffer to reduce the linear footage requirement, a six foot high berm or other opaque object, such as a fence, would be required. No action was required by the Planning Commission at this time. 1993 PRIMARY ROAD IMPROVEMENT PLAN Mr. Wyatt said that the Transportation Committee reviewed the proposed 1993 Primary Road Improvement Plan during their March 1, 1993 meeting. He said that the Transportation Committee recommended that this plan maintain the same priority as the 1992 Plan. He said that the Transportation Committee also recommended that the 1993 Plan not 3616 10 include any new primary road projects. Mr. Wyatt said that Route 522 South is currently tunded on the Commonwealth Transportation Board's Six Year Improvement Program. He said that this is the only project on the 1993 Plan that is funded by the Virginia Department of Transportation. Mr. Wyatt stated that the recommendation of the Planning Commission will be forwarded to the Board on March 10. He said that the final adopted plan will be presented to the Transportation Board on March 23, 1993, during VDOT's Preallocation Hearing. 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 1993 Primary Road Improvement Plan for Frederick County. GREENBAY PACKAGING SITE PLAN Mr. Wyatt stated that Greenbay Packaging currently has a site under construction in the Fort Collier Industrial Park across from Kraft General Foods. He said that prior to the applicant submitting a formal application, the staff received all the review agency approvals on the project, except for the Sanitation Authority. The Sanitation Authority finally gave their approval, but the applicant had never formally submitted their site plan to the Planning Department. Greenbay Packaging was, therefore, never placed on the Bimonthly Report. Mr. Wyatt asked the Commission to allow the staff to administratively approve the plan. Upon motion made by Mr. Romine and seconded by Mr.' Thomas, the Commission unanimously voted to allow the staff to proceed with administrative approval of the plan. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:15 p.m. 3617 Respectfully submitted,