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PC_06-16-93_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 June 16, 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; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall District; Robert Morris, Shawnee District; John H. Light, Stonewall District; George L. Romine, Citizen at Large; and Beverly Sherwood, Board Liaison. ABSENT: Ronald W. Carper, Gainesboro District Planning Staff present were: Robert W. Watkins, Director /Secretary; Evan A. Wyatt, Planner 11; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES - APRIL 21 1993 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of April 21, 1993 were unanimously approved as presented. MINUTES - MAY 5 1993 Upon motion made by Mr. Marker and seconded by Mr. Morris, the minutes of May 5, 1993 were unanimously approved as presented. BIMONTHLY REPORT Mr. Wilson inquired about the Twin Lakes rezoning, which has been pending 3661 2 since April 4, 1990, Mr. Watkins replied that he had an official request by the applicants (current property owners) that the rezoning be continued. Mr. Wilson asked that the applicants be contacted to find out what their intentions are, since this has been pending for such a long time. Mt. View Church of Christ Mr. Wyatt said that the staff has received a site plan from the Mt. View Church of Christ for a mobile classroom unit to be placed next to their church on Route 11 South. Mr. Wyatt said that the applicant has stated that this will be a temporary unit for summer classes, but they will not specify a date when the mobile unit would be removed. Chairman Golladay gave the staff permission to proceed with administrative approval, but noted that the mobile unit should be treated as a permanent structure. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CP&PS) - 6114193 Mtg. Mr. Tierney reported that the CP &PS is working on a meeting format for the Corridor Studies public meetings in July. He said that Routes 50 and 7 will be presented on July 12 at Senseny Road Elementary School at 7:30 p.m. and Route 11 will be presented on July 26 at 7:30 p.m. (location not yet finalized). Economic Development Commission (EDC) Mr. Romine reported that a meeting will take place on June 22 with a Richmond group to discuss a small business center development in this area. Historic Resources Advisory Board (HRAB) - 6/15/93 Mtg. Mr. Lilley reported that the HRAB is progressing on the plaque design project. They are also informing civic groups and county schools of the availability of the rural landmarks survey video as an educational effort. Mr. Lilley said that the HRAB is also planning an informational meeting this fall for property owners eligible to be included in the state and national registers. 3662 3 Transportation Committee - 6/7/93 Mt?, Mr. Wyatt reported that the Transportation Committee: endorsed a grant application for the Sheriff's Department for funding to provide additional neighborhood patrol and additional DUI check points; endorsed an ISTEA enhancement proposal (to be presented later in the meeting); and endorsed VDOT's secondary construction budget. SUBDIVISIONS Subdivision Application #002 -93 of the Village at Sherando for 51 single - family lots. This property is identified as PIN #86-A- 102A and is located north of Route 277 (Fairfax Pike) in the Opequon District. Action - Approved Mr. Miller said that the subdivision plan did not conform to the approved master development plan because the street layout was changed and the plan did not reflect the four foot walkway /trail /bike path reflected in the master plan. Mr. Miller said that the engineer for the developer has advised that they intend to build the pathway as previously agreed, however, this should be reflected on the plan. He said that the redesigned street layout appears to be preferable to the previous design because it allows better traffic flow, enhances safety, and has reduced density by two lots, from 53 to 51. Mr. Ron Mislowsky, with G. W. Clifford & Associates, came forward to represent the applicant. Mr. Mislowsky said that they have revised the master plan and subdivision plats to reflect comments by the planning staff and reviewing agencies. Mr. Mislowsky said that the four foot sidewalk will run along the south side of Ivory Drive, down the westernmost property line of Jefferson Village, and along the northern property line of Georgetown Court. In response to the Commission's questions on compliance with VDOT's requirements, Mr. Mislowsky said that VDOT's major concern was that they were using the roadway embankment of Ivory Drive as a part of the detention structure. Mr. Mislowsky said that they shifted the pond off of VDOT's right -of -way to satisfy this concern. The Commissioners felt that since the redesign of the road layout was an overall improvement and resulted in reducing the density of development, they would consider the subdivision application without requiring the applicant to submit a revised master plan through the approval process. The Commission requested that the applicant submit a revised master plan reflecting the changed street layout to the staff for filing. Upon motion made by made by Mr. Shenk and seconded by Mr. Romine, 3663 4 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Village at Sherando Subdivision Application #002 -93 for 51 single- family lots with the following conditions: 1. All review agency comments must be adequately addressed. 2. The subdivision plan needs to be revised to reflect the walkway as required by the master plan. 3. The master plan must be revised to reflect the redesigned street layout and be provided to staff for filing. MASTER DEVELOPMENT PLANS Master Development Plan #007 -93 of Hampton Chase for 65 units including 36 zero lot line units. This property is identified as PIN #54 -A -94 and is located northeast of Battle Avenue and Van Fossen Street in the Stonewall District. Action - Approved Mr. Tierney said that this is a request to revise the approved master development plan for Hampton Chase. He said that the current version of the MDP contains 85 townhouse units and 29 single - family zero lot line units for a total of 114 units. The proposed revision would replace the 85 townhouse units with 36 zero lot line units with a resulting total of 65 units. Mr. Tierney said that a 50' zoning district buffer will be required along the entire northern edge of the property. This buffer will encroach on the back portion of eight of the lots located on or near the proposed cul -de -sac. The major concern of the Commission was that the reconfiguration of lots eliminated a water line connection to the adjacent Salvation Army project. The Commission did not want to create a situation where a parcel would be landlocked from utilities. Mr. Dwayne Brown, land surveyor with G.W. Clifford Associates, was the project engineer for the Hampton Chase project. Mr. Brown said that the developer is willing to provide water access to the Salvation Army site. The Commission was in favor of the revision since it resulted in a significant reduction in site density and the applicant was willing to provide water access to the Salvation Army site. 3664 Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #007 -93 of Hampton Chase for 65 units, including 36 zero lot line units, with the condition that an easement for a water line be provided by the developer to the Salvation Army site. Master Development Plan #004 -93 of Henkel - Harris Company. Inc. for an industrial park. This property is identified as PIN #63 -A -110 and is located south of Shawnee Drive in the Back Creek District. Action - Approved Mr. Charles W. Maddox, Jr., of G.W. Clifford & Associates, presented the Henkel -Hams master plan to the Commission. Mr. Maddox reviewed the stormwater management and transportation planning for the site. He said that a traffic generation plan had been submitted to VDOT for industrial access funds to widen Shawnee Drive from Route I1 to the site. Mr. Maddox said that if the Mobile Oil Corporation purchases the site they are presently leasing, they also have the option of purchasing the adjoining site. If they purchase the adjoining site, they will probably want to eliminate the existing entrance road and use it for their own on -site purposes. Mr. Maddox said that he would then come back before the Commission with an engineered plan for a new entrance for the park, located to the east. The Commissioners felt that the plan took into consideration the future growth of the area and had no problems with it. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #004 -93 of Henkel - Harris Company_ Inc. for an industrial park with all comments of the staff, the reviewing agencies, and the City of Winchester being adequately addressed. Master Development Plan #006 -93 of Stonewall Industrial Park for 141 acres park zoned M1 (Light Industrial). This property is identified as PIN #43 -19 -1 and 43 -A -63 and is located north of and adjacent to McGhee Road in the Gainesboro District. Action - Approved 3665 ri Mr. Wyatt stated that staff concerns involve the proposed extension of Tyson Drive, which appears to traverse the full buffer area, and project phasing. Mr. Wyatt said that he spoke with some of the adjoining property owners who are having water problems and they are concerned about stormwater management. Mr. Thomas Price, with G. W. Clifford & Associates, the project engineering firm, and Mr. Thomas Gilpin, with Lenoir City Company of Virginia, the owner, came forward to represent this plan. Mr. Price said that they feel they have enough room to make the Tyson Drive extension to Welltown Road (Rt. 661) without intruding into the buffer area. They are also planning to extend water and sewer lines, and rail spurs. Mr. Price stated that the site is split into two separate drainage areas and they are providing a regional stormwater management system consisting of two separate detention ponds. He said that a 100' full screen buffer will provide separation and landscaping along all existing residential properties. Chairman Golladay called for anyone wishing to speak regarding this master plan and the following people came forward: Mr. James Parsons, resident on Route 661, was very concerned about the water runoff situation. Mr. Parsons said that he almost always has water in his back yard. Mr. Charles Maddox, engineer with G. W. Clifford & Associates, said that the detention pond they are proposing will be a major structure that will be designed to hydrologically protect both internal and external areas. He said that the fact that there are existing water problems in this area will make them sensitive to the issue at the site plan stage. However, without the benefit of in -depth calculations, there is no way they can determine what actually can be done short of actually designing the facility and, at the master plan stage, this would be premature. Mr. Harvey E. Strawsnyder, Jr., County Engineer, said that the regional concept is a good one in that it will accommodate structures that have had less than adequate designs or have failed due to lack of maintenance. Mr. Strawsnyder said that a regional facility should improve the drainage that is now reaching the road area. Mr. Gladstone "Stoney" Crosen, resident of Jessica Acres, said that he shared Mr. Parson's concern regarding the stormwater runoff. Mr. Crosen's main concern was the possibility of industrial runoff polluting his well. His other concerns regarded noise from 24- hour truck traffic and some method to prevent pedestrian traffic exchange between the residential and industrial areas, such as a fence. The Commission next discussed the entrances to the site with the applicant. There was concern that three entrances in less than one mile was excessive and that the noise potential for those residents across the Tyson Drive entrance on Route 661 was very high. It was suggested that the Tyson Drive extension be re- routed through the 30 -acre tract instead of extending it out to the houses on Route 661. W -1-T-A 7 Mr. Gilpin said that if the Tyson Drive extension was brought through the 30 -acre site, it would bisect a potential building site. Mr. Gilpin said they had considered a cul -de -sac at the end of the Tyson Drive extension, but then decided against that because in the past, the Commission has expressed a desire for connecting roads and additional entrances in industrial parks. Mr. Gilpin said that they could address truck traffic exiting the park by that entrance, if the Commission desired. The consensus of the Commission was that the regional stormwater facilities as proposed by the applicant was the best approach to handle site run -off and the water problems experienced by the adjoining residential property owners. Mr. Romine moved for approval of the master plan and this motion was seconded by Mr. DeHaven as follows: BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #006 -93 of Stonewall Industrial Park for the remaining portion of the park zoned M1 (Light Industrial) provided the applicant addresses all review agency comments, all staff comments, and all concerns and comments of the Planning Commission. OTHER DISCUSSION RE: PROPOSED REZONING FOR UNIMIN CORPORATION, LOCATED SOUTHWEST OF GORE Mr. Kris Tierney said that the UNIMIN Corporation has requested time with the Commission to discuss a proposed rezoning of 211 acres of RA land near their existing mining operation at Gore. He said that the intent would be to expand their sand mining and related support operations onto this land. Mr. Tierney said that information submitted indicates that there is no plan for increased production associated with the rezoning. However, the area proposed for rezoning runs along the eastern edge of Route 704 for roughly a mile and the potential for significant visual impacts from the mining operation exists. Mr. Doug Swift, an attorney with Swift & Buchbauer, was the local counsel for the UNIMIN Corporation. Mr. Swift introduced Mrs. Susan Armentrout, the Senior Environmental Specialist for the UNIMIN Corporation. Mrs. Armentrout began by stating that visual impacts along Route 704 will be minimal. She said that mining activities will not occur closer than 1,000' from Route 704. A vegetative buffer, consisting of hardwoods and evergreens, currently acts as a visual screen for road traffic and residences. She said that the quarry itself is internally located and therefore, mining activities should not be visible. The Commission had questions about stormwater management. Mrs. Armentrout 3667 E said that their plan is to control stormwater runoff by keeping it internal to the quarry floor. She said that portions of some of the outslopes will drain towards a pond they plan to construct adjacent to Back Creek. She said that they are in the process of obtaining approval for the pond from the DMME (Dept. of Mines, Minerals & Energy) and the DEQ (Dept. of Environmental Quality). Mr. Charles Baldwin, plant manager for UNIMIM, said that they remove approximately 2500 tons of crude ore daily. Mrs. Armentrout stated that both the Cove Ridge Quarry and the South Quarry are in operation. She said that they plan to expand the Cove Ridge Quarry, however, there is no planned increase in total production from the plant. The Commission next spoke with the applicant about reclamation phasing. The Commissioners felt comfortable with the proposed rezoning as long as the applicant met all the requirements of the DMME and the DEQ. No action was needed by the Commission at this time. DISCUSSION RE: REQUEST TO WAIVE THE STATE ROAD REQUIREMENT IN A RURAL SUBDIVISION BY MR. THOMAS BRUBAKER Mr. Wilson abstained from discussion and vote of this matter due to a possible conflict of interest. Mr. Tierney said that Mr. Thomas Brubaker is requesting a waiver of Section 144 - 31-B-(2) which requires roads within maior rural subdivisions to be built to VDOT's Tertiary Street Standards. Mr. Tierney said that this section of the ordinance also contains a provision for the Planning Commission to grant a waiver of the tertiary street requirement in cases where the development of a subdivision began prior to the amended regulations. He said that it allows for new roads within an existing subdivision to be built to the same standards as roads already in existence. Mr. Thomas Brubaker, the owner of the property, said that he subdivided five lots fronting on Cedar Creek Grade in 1989 and those lots now have houses on them. He said that two of those five lots use a 30' easement for access. Mr. Brubaker stated that it was his intention in 1989 to divide the rear 20 acres into four lots and provide them access via the existing 30' right -of -way. He said that this would have been permitted at that time; however, the revisions to the county's rural subdivision regulations, adopted in 1991, now require that the rear lots be served by a tertiary street. The Commissioners asked if there would be maneuvering capability for emergency 2 vehicles at the end of the accessway. Mr. Brubaker said that provision would be made for emergency vehicles, although it may not be a full scale cul -de -sac. He said that he has improved the accessway with stone and his plans are to tar and chip the road, at the very least. Chairman Golladay asked if there will be notification to potential buyers of the properties that this is not a state maintained road and never will be. The staff replied that this statement will be required on the plat. Given that Mr. Brubaker intended to build the road in compliance with existing roads and that the waiver would result in only one additional lot utilizing the 30' right -of -way, most of the Commissioners were not opposed to granting the waiver. Upon motion made by Mr. Shenk and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve a waiver of the tertiary street requirement for the rural subdivision owned by Mr. Brubaker provided that a turn- around access at the end of the 30' right -of -way is provided. YES (TO APPROVE): Golladay, Marker, Shenk, DeHaven, Light, Romine, Morris NQ Thomas ABSTAIN: Wilson DISCUSSION RE: ROUTE 277 (FAIRFAX PIKE) CORRIDOR ISTEA TRANSPORTATION ENHANCEMENT PROPOSAL Mr. Evan Wyatt presented a proposal for ISTEA Transportation Enhancement Funds that involved the creation of a network bicycle /pedestrian facility near the Fairfax Pike (Route 277) Corridor that will provide access for some of the major residential subdivisions to public facilities (parks and high school). He said that this proposal qualifies as one of the ten project categories specified in the Transportation Enhancement Program. Mr. Wyatt said that the Joint Winchester /Frederick County Transportation Committee and the Frederick County Transportation Committee have both endorsed the proposal. Mr. Wyatt discussed the phasing of the plan with the Commission. The Commission requested that the staff meet with the Parks and Recreation Department to evaluate utilizing an overhead walkway instead of a tunnel at the crossing of Route 277. It was pointed out that tunnels can have safety and maintenance problems and most larger cities are now doing away with them in lieu of overhead walkways. (Mrs. Copenhaver arrived at this point of the meeting.) 3669 10 Upon motion made by Mr. Shenk and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse the proposal for ISTEA Transportation Enhancement Funds for the creation of a bicycle /pedestrian facility with the contention that a cost comparison be made on the overhead crossing versus the tunnel at Route 277. (MRS. COPENHAVER ABSTAINED)• SUBCOMMITTEE APPOINTMENTS Chairman Golladay appointed Mr. Robert Morris, Shawnee District, to the DR &RS (Development Review & Regulations Subcommittee). He also appointed citizen members to the DR &RS and CP &PS (Comprehensive Plans & Programs Subcommittee) as follows: DR R Norma Jean Shaw (Opequon District) John R. Krueger (Shawnee District) P &P Robert L. Oliver (Opequon District) George B. Hughes (Gainesboro District) Jay S. Banks (Stonewall District) David W. Ganse (Back Creek District) 3670 11 ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:30 p.m. Respectfully submitted, RobM W. Watkins, Secretary 3671