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PC_05-02-12_Meeting_MinutesMEETING MINUTES • OF THE is FREDERICK COUNTY PLANNING COMMISSION The meeting was held in the Board Room of the Frederick Comity Administration Building at 107 North Kent Street in Winchester, Virginia on May 2. 2012. 1 PRESENT: June M. Wilmot, Chairman /Member at Large; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; I -I. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Kevin W. Kenney, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attoniey. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy,t Deputy Director; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Oates to adopt the agenda for this evening's meeting as presented. 1 This motion was seconded by Commissioner Crockett and unanimously passed. COMMITTEE REPORTS Transportation Committee - 4/23/12 Mtg. Commissioner Oates reported that the Transportation Committee reviewed the Interstate, Primary, and Secondary Road Improvement Plans. Commissioner Oates said there wasn't much change since last year. lie said the Transportation Committee voted to send the plans to the Board of Supervisors for their consideration. Frederick County Planning Commission Page 2848 Minutes of May 2, 2012 -2- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen continents portion of the meeting. PUBLIC HEARING Rezoning 04 -12 of Kesari Properties, submitted by Painter - Lewis, P.L.C., to rezone five acres from RA (Rural Areas) District to B2 (Business General) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Rt. 672) and Route ICI. The properties are further identified by P.I.N.s 33 -A -163 and 33 -A -1646 in the Stonewall Magisterial District. Action — Recommended Denial Deputy Director, Michael T. Ruddy, reported that this rezoning request is accompanied by a generalized development plan (GDP). Mr. Ruddy said the applicant is proposinglto rezone adjacent additional land and to combine it for an expanded truck stop operation. He noted that the applicant's GDP and proffer recognizes the intent to create an out parcel, which could contain a variety of different commercial uses. Mr. Ruddy said the most important element is the frontage along Route I 1 and access to and from the site, along with Hopewell Road (Rt. 672), where Hopewell Road comes into Route I I and Brucetown Road, just a little further to the north. Mr. Ruddy stated that the commercial land use designation requested by the applicant is consistent Nvith the Northeast Land Use Plan ( NELUP) and the 2030 Comprehensive Plan. However, the NELUP points out there are significant improvements anticipated within the Route I li right -of -way and, in particular, at this intersection to support the future land uses identified in the Comprehensive Policy Plan. Therefore, this particular stretch of Route I I in front of the project is recognized as being a future six -lane divided arterial road. In addition, the intersection at this location would provide a future access to Interstate 81 and is currently in substandard condition. Mr. Ruddy noted that experience with other rezoning requests and truck stop operations further north reveal the impacts associate with this type of proposed operation. Mr. Ruddy next reviewed the applicant's proffers with the Commission. lie said the applicant has proffered a limitation on the future fast food restaurant size for the out lot; in addition, the applicant has proffered a limitation on the fueling stations. The applicant has also proffered a right -turn lane on Route I I southbound, a new commercial entrance on the southern portion of the property, a ten - foot dedication of right -of -way along Route 11. and the installation of a signalized improvement at the future commercial entrance to the south. Mr. Ruddy said the applicant has also made a proffered commitment to provide $25,000 for future transportation improvements within the Route I 1 right -of -way. Mr. Ruddy questioned whether the proffers fully addressed the right -of -way designation of the Comprehensive Plan, or the full anticipated impacts at the intersection of Hopewell and Brucetown Roads, and at Route I I in this location. His concerns were based on what is occurring at this location, the character of the traffic; and other projects in and around this general area. Frederick County Planning Commission Page 2849 Minutes of May 2, 2012 -3- In summary, Mr. Ruddy stated it was the staffs opinion that the transportation issues ® have not been mitigated. He said the GDP highlights the internal circulation and function of the site, but it is not clearly demonstrated how the flow in and around the site will successfully occur. The other unmitigated transportation impacts include the site access and impacts to Route 11 and 672; the future Route I1 -U6D; the intersection of Routes II and 672; and the improvements required with site development. Commissioner Oates stated that during the last update of the NELUP, a transportation study was conducted and this study raised the need for up to six lanes on Route 11. He said at that time, it was concluded that 120 feet of right -of -way was needed to accommodate Route 11 and a minimum of 20 feet of dedication was needed on either side. Mr. Ruddy replied there are recognized constraints at this intersection, particularly with the restaurant being so close to the existing right- of -vvay, in addition to Hopewell Road being a prescriptive right -of -way, and that is why the modifications which have occurred here recently are interim accommodations. Mr. Ruddy said the exact right -of -way needs, given all of the turning movements, would need to be determined through a detailed design, which is typically done by the development occurring in the vicinity. Mr. John Lewis, P.E., with Painter - Lewis, P.L.C., was representing the owner and applicant, Mr. Laxmi Kesari, of Kesari Third Generation, L.L.C., in this rezoning application. Mr. Lewis commented that everyone realizes this is a difficult site and there are problems with setbacks, parking, and access. He said the Old Stone facility has had success operating at this location for a long time, possibly since the 1940's; however, in order to maintain success, Mr. Kesari believes improvements to the facility are required and the points of access were vital to the success of the retail operation. Mr. Lewis said they recognized the access does not conform to current ordinance standards however, they are trying to bring the access more into conformance than the existing conditions. He said they are proposing to close an entrance on Route 11, to close an entrance on Hopewell Road, and to modify one of the entrances on Route I 1 to provide more control for access. Mr. Lewis described the traffic patterns on the site for retail and for fuel sales. Mr. Lewis stated that with the improvements described, they believed the truck traffic and vehicular traffic were going to be segregated and access to and from Route 1 I and Hopewell Road would be greatly improved. Furthermore, Mr. Lewis stated that VDOT had suggested that two additional entrances be closed. He said the Old Stone Restaurant has been operating for years and there's all lestablished traffic pattern; people know how to get in and out, where to park, and how to get to the fuel pumps. Mr. Lewis said that if those two suggested entrances are closed, it will severely restrict access to the front of the store. Mr. Lewis said their proposal would sustain the short-term viability of the retail operation and, it would get them closer to where Frederick County would want them to be. Mr. Lewis also spoke about the staffs comment that sufficient right -of -way had not been dedicated for the future Route 11 widening. Mr. Lewis said the Old Stone Restaurant sits 22 feet from the Route 1 1 right -of -way and unless they can acquire additional property, they simply do not have the land to dedicate. Mr. Lewis said the owner is aware that the widening of Route 11 to an urban section will eliminate the luxury of their curb cuts along the right -of -way and they are trying to plan for that; however, they would prefer to put off those major expenditures until such time as the plans for Route 11 are actually designed. The third staff comment Mr. Lewis addressed was the intersection of Hopewell Road and Brucetown Road. He said it was his understanding Hopewell and Brucetown would need to be aligned at a 180- degree intersection and the preferred location was to move Hopewell Road to the north. He noted that if that is the preference, there is nothing Mr. Kesari can do because he doesn't own any property in that vicinity. Regarding the comment that the $25,000 proffer amount was insufficient, Mr. Lewis believed consideration should be given to the cost of the turn lane and commercial entrance they were going to construct, and moving the Frederick County Planning Commission Page 2850 Minutes of May 2, 2012 -4- diesel and gasoline fuel pumps away from the right -of -way to improve circulation. Mr. Lewis said that all of these improvements will be necessary for widening of Route 1 I and should be counted financially towards the contribution by Mr. Kesari. In summary, Mr. Lewis stated that their primary objectives for this rezoning were to redesign the site to provide more vehicular maneuvering area and to separate trucks and cars as much as possible; to move the pumps away from Route 1 I to accommodate the anticipated future widening of Route 1 l; to prevent trucks from entering Route 11 in such close proximity to Hopewell Road as they do today; and to dissuade trucks from exiting via the Hopewell Road access. Mr. Lewis stated that these objectives have been met with this GDP and the proffers. Mr. Lewis acknowledged that these improvements did not solve all the current and future transportation issues in the area, but they are clearly an improvement to the existing conditions and will facilitate other improvements envisioned by the County's planning efforts. I Commissioner Oates commented that he is in the vicinity of the Old Stone Restaurant everyday and has observed the vehicular and truck traffic coming into and out of the site. Commissioner Oates said the entrances on Route I I South need to be eliminated; he said trucks or cars' exiting that close to the traffic signal creates congestion and an unsafe situation. He didn't think the Old Stone Restaurant needs to be moved or torn down; however, he thought the parking is eventually going to have to be relocated to the back because several of the entrances on the front have already been closed. Commissioner Oates said he would have been interested to see the GDP showing where the future parking would go, and how the site will eventually work out. He said he would rather see the money spent now to address that issue, rather than putting in a new fueling station, enlarging the site, additional pavement, and more trucks. Commissioner Oates said that the $25,000 will not be adequate compared to what the County will have to pay to get the right -of-way in the future, let alone all the road improvements • that will be needed. Commissioner Oates did not believe he would be able to support this plan. Commissioner Crockett raised the issue of the location of the diesel - fueling island and where the trucks would be queuing in for diesel fueling. Commissioner Crockett said a typical semi- trailer is 53 feet and adding the tractor unit, it is close to 70 feet. He said by observinglthe location of the fuel islands, front the right turn -in lane and the circle around the pond, and judging by the scale on the plan, there will only be enough queuing for three trailers before it starts to block the tu�m lane coming in. Commissioner Crockett expressed concern that if there are seven or eight trucks, they will queue in the right -hand turn lane on Route I I as they are coming in. Commissioner Unger had questions about how trucks entering the site from Route I 1 would exit the site, if they turn into the parking lot and go right to fuel. Commissioner Kenney also had questions about truck maneuvering on the site. He inquired about the size of the truck station parking spots. Commissioner Kenney thought it would have been helpful to have some directional arrows on the plan to help visualize the flow of traffic. Commissioner Mohn asked Mr. Lewis if a turning movement analysis had been done that could potentially be shared with the Commission to show how some of the angles could be maneuvered by a semi - truck. He said a visual aide showing how the site and flow is intended to work may help the Commission. Frederick County Planning Commission Page 2851 Minutes of May 2, 2012 -5- Commissioner Oates recognized there were problems on the site with the internal • circulation and these issues could be addressed at the site plan stage; however, his primary concern was with the entrances. He said the number of full entrances around the area of Hopewell and Brucetown, along Route 11, was of particular concern. Commissioner Oates suggested the possibility of decreasing the number of entrances and also, removing all of the signs around the islands to improve the site distance. He was concerned that the number of entrances and exits shown would only create chaos. Commissioner Oates said he would have preferred the plan to show the future phases and what eventually might be done. He said if the rezoning is recommended for approval the way it is shown on the plan, there was no guarantee that anything will ever get done past what is shown today. Chairman Wilmot next opened the public hearing to citizen comments and she called for anyone in the audience who wished to speak on this rezoning. No one came forward to speak and Chairman Wilmot then closed the public comment portion of the hearing. Commissioner Oates said he has no problems with this being a truck stop; he thought truck stops were good tax revenue generators and this use is an appropriate land Iuse for this area. However, his issue was strictly the transportation aspect of this. Commissioner Oates believed it was a huge public health, safety, and welfare issue with leaving those entrances as shown. Commissioner Oates made a motion to recommend denial of the Kesari Properties Rezoning Application #04 -12 because it did not adequately address the Northeast Land Use Plan, it does not address the impacts to Route 1 1 and Route 672, nor does it address VDOT's concerns. This motion was seconded by Commissioner Crockett. The motion was unanimously passed. i BE IT RESOLVED. that the Frederick County Planning Commission does hereby unanimously • recommend denial of Rezoning #04 -12 of Kesari Properties, submitted by PainteriLewis, P.L.C., to rezone five acres from RA (Rural Areas) District to B2 (Business General) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. i (Note: Commissioners Thomas and Madagan were absent from the meeting.) • PUBLIC MEETING: Master Development Plan #02 -12 of Contrail Park Apartment Complex, submitted by Painter - Lewis, P.L.C., to develop an apartment complex consisting of three buildings with 12 units each, totaling 36 units. The properties are located at 737 and 749 Front Royal Pike. The properties are further identified by P.I.N.s 64C -1 -15 and 64C -A -8 in the Shawnee Magisterial District. Action — Recommended Approval Commissioner Oates said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Senior Planter, Candice E. Perkins; reported the proposed development will be accessed via one entrance on Front Royal Pike (Rt. 522 South) and the Master Development Plan (MDP) shows the Minutes of May 2; 2012 g Commission Paoe 2852 general locations of proposed improvements such as sidewalks, buildings, parking, recreation units, and • buffers. She said additional details and ordinance requirements will be shown on the site plan. Ms. Perkins said the applicant is requesting a waiver of the six -foot berm requirements associated with the road efficiency buffer along Route 522, due to the fact that the subject site is approximately ten feet higher in elevation than Route 522. Therefore, the waiver of the buffer may be appropriate. • Ms. Perkins stated the MDP for the Contrail Park Apartment Complex is consistent with the Comprehensive Policy Plan and the zoning ordinance, if the waiver is granted by the Board of Supervisors. Ms. Perkins said the staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on the proposed waiver and comments from the Planning Commission to forward to the Board of Supervisors. Mr. Tim Painter of Painter - Lewis, P.L.C. came forward to represent the property owner, Cornerstone L.P., L.L.P. Mr. Painter said their plans are to place pods of parking to serve individual buildings. He said two of the parking pods will have an at -grade internal circulation island that will have a permeable pavement system for stormwater management. He explained that water will be collected and directed to a stormwater management system at the south end of the project. Mr. Painter said all other MDP issues have been addressed. Mr. Painter said they are requesting a waiver of the six -foot berm because there is a considerable elevation difference between the roadway and the site. Chairman Wilmot opened the public meeting and called for citizen comments. The following persons came forward to speak: Mr. John W. Foster, Jr. and his wife, Mrs. Peggy B. Foster, adjoining property owners, came forward to speak in opposition to the proposed MDP. Mrs. Foster said their property backs up to the Preston Place Apartments and she provided details on why it has been an extremely troubling experience for her and her husband to have these apartments next to them since 2000. Mrs. Foster had a considerable amount of documentation, and incident reports from the Sheriff's Depattment, concerning vandalism to her property. She reported various issues. such as numerous broken windows, rocks thrown onto their property, damage to their vehicles, damage to their fence and other personal property, trespassing, and litter. Mrs. Foster said they do not want any more apartments; she said nothing has been done to help them with this situation. She said that Supervisors Shickle and Fisher have been to their property, as well as various sheriffs deputies. Mrs. Foster said she has telephoned Grady Management who manages the apartments; she has written letters; and she has met with County Administrator, John R. Rilev, Jr. Mrs. Foster said that no relief has been forthcoming with these problems. Mr. Elwood H. Whitacre, Sr., adjoining property owner, said he may be interested in selling his property, if there was a good offer. Mr. Paul Anderson said he was one of four representatives on the Airport Authority representing Frederick Comity. Mr. Anderson said a number of years ago, when Preston Place was constructed, the Airport objected to it. He said they discovered the land was zoned RA (Rural Areas) and the Airport had no recourse to stop the project. Consequently, an Airport Protection Zone was established and the original zone followed the west bound side of Route 522 and the south bound side was Buffalo Lick Run. He commented that only uses compatible with the airport were supposed to be allowed there. Mr. Anderson noted that when Carpers Valley was rezoned, the size of the Airport Protection Zone was reduced because Route 50 was on the north side. Mr. Anderson noted that a considerable amount of money is being invested in the airport to meet the needs of this area; he said it is an important economic tool for the community. Mr. Anderson cautioned about the appropriateness of placing residential uses Frederick County Planning Commission Page 2853 Minutes of May 2, 2012 E around the airport and how this could potentially destroy an airport. Mr. Anderson also noted that this airport is an inter - national facility and it is growing, not because they are hying to bring in more aircraft, but because this is a demanding business area. Mr. Anderson urged the Commission to closely scrutinize what uses are established around the airport. No one else wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Although the Commission sympathized with Mr. and Mrs. Foster's concerns, they believed the issues expressed were a civil matter. Commission members believed the request met existing ordinances and the State law, and they were in favor of the request. Commissioner Manuel made a motion to recommend approval of a w liver of the six -foot bean requirements associated with the road efficiency buffer along Route 522, due to the fact that the subject site is approximately ten feet higher in elevation than Route 522. This motion was seconded by Commissioner Ambrogi and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of the waiver request for Master Development Plan 902 -12 of Contrail Park Apartment Complex, submitted by Painter- Lewis, P.L.C., to develop an apartment complex, consisting of three buildings with 12 units each, totaling 36 units, at 737 and 749 Front Royal Pike. This recommendation is for the approval of a waiver of the six -foot berm requirement associated with the road efficiency buffer along Route 522, due to the fact that the subject site is approximately ten feet higher in elevation than Route 522. (Note: Commissioner Oates abstained; Commissioners Thomas and Madagan were absent from the meeting.) Subdivision Waiver Request of JIREH Enterprises, L.L.C., submitted by GreyWolfe, Inc., to create a subdivision of 10.304+ acres and 6.422+ acres. This property is located on Jireh Lane, off of Ebert Road (Rt. 837), about 800 feet east of Route 11 near Stephenson. The property is further identified by P.I.N. 44 -A -613 in the Stonewall Magisterial District. Action — Recommended Approval Commissioner Oates said he would abstain from all discussion and voting on this waiver request due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported this property is zoned M2 (Industrial General) District and is operating as a self - storage business on Ebert Road. Mr. Cheran said the subdivision ordinance requires land divisions within the M2 District, without an approved master development plan (MDP), to be presented to the Board of Supervisors, via the Planning Commission, for final approval. He noted the applicant has requested a waiver of the MDP and this can be granted by the Planning Director, if the applicant meets certain criteria. Those six criteria were listed in the Minutes of May 2, 2012 Commission Page am Commission's agenda packet. Mr. Cheran stated that this proposed subdivision met all the requirements listed; therefore, the Planning Director granted a waiver of the MDP requirement for the applicant. Mr. Tim Stowe came forward to represent the applicant and to answer questions from the Planning Commission. Chairman Wilmot opened the public meeting to citizen comments and called for anyone who wished to speak. No one came forward and Chairman Wilmot closed the public comment portion of the meeting. No issues were raised by the Planning Commission. Commissioner Crockett made a motion to recommend approval of the 'subdivision waiver request. This motion was seconded by Commissioner Manuel and unanimously passed.I BE 11' RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Waiver Request of JIREH Enterprises, L.L C., submitted by GreyWolfe, Inc., to create a subdivision of 10.304+ acres and 6.422+ acres. (Note: Commissioner Oates abstained; Commissioners Thomas and Madagan were absent from the meeting.) DISCUSSION ® Discussion of a proposed ordinance amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District, Section 165- 401.03, Conditional Uses, and Article I, General Provisions Amendments and Conditional Use Permits, Part 101, General provisions, Section 165 - 101.02, Definitions and Word Usage. If approved, these revisions would allow "Treatment Homes" as a condition' onditio ' al use in the RA District. U No Action Required Senior Planner. Candice E. Perkins, reported that the staff had received a request to include, "Treatment Homes" as a conditional use in the RA (Rural Areas) Zoning District and to revise the definition of "Adult Treatment Home." Ms. Perkins stated that "Adult Treatment Homes" are currently only permitted in the MS (Medical Support) District. Ms. Perkins said the proposed amendment will: 1) revise the definition of "Adult Treatment Home" to "Treatment Flome" and add the provision that it is for all ages, and also includes drug treatment; 2) add "Treatment Home' as a conditional use in the RA (Rural Areas) District; 3) Delete the definition of "Drug Treatment 1 -lone" because this use is being incorporated into the definition of "Treatment Home;" and 4) revise the MS District to include the term, "Treatment Home" and delete "Drug Treatment Home." Ms. Perkins stated this item was forwarded to the Development Review and Regulations Committee (DRRC) via email on April 4, 2012, and supportive comments were received. Commissioner Oates supported the amendment as presented. Frederick County Planning Commission Page 2855 Minutes of May 2, 2012 LI Chairman Wilmot commented that the definition reads, "a residential facility for persons of all ages." However, Chairman Wilmot remarked that this is really a treatment center for adults and /or juveniles. Chairman Wilmot asked if this assumption was correct and Ms. Perkins replied, yes. No other issues or concerns were raised by the Planning Commission. Ms. Perkins said she would forward the proposed amendment to the Board of Supervisors for their discussion. Chairman Wilmot reminded the Commission members about a work Isession scheduled with the Board of Supervisors on May 10, 2012, at 12:00 noon, in the Board of Supervisors meeting room. ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Oates and second by Commissioner Ambrogi, the meeting adjourned at 8:30 p.m. by a unanimous vote. Frederick County Planning Commission Minutes of May 2, 2012 Page