August 12, 2014 Minutes of Board Work Session with Planning Com030
A work session of Frederick County Board o£ Supervisors and Planning Commission was
held on Tuesday, August 12, 2014 at 12:00 P.M., in the Board of Supervisors' Meeting Room,
107 North Kent Street, Winchester, Virginia.
PRESENT
Richard. C. Shickle; Christopher E. Collins; Charles S. DeHaven, Jr.; Gene E. Fisher;
Robert A. Hess; Gary A. Lofton; and Robert W. Wells.
OTHERS PRESENT
John R. Riley, Jr., County Administrator; Kris C. Tierney, Assistant County
Administrator; Jay E. Tibbs, Deputy County Adrinistrator; Roderick Williams, County
Attorney; Eric R. Lawrence, Planning Director; Michael Ruddy, Deputy Planning Directar;
John Bishop, Deputy Planning Director — Transportation; Candiee Perkins, Senior Planner;
Planning Commission members: June Wilmot, Roger Thomas, H. Paige Manuel, Gary Oates,
Charles Triplett, J. Stanley Crockett, Lawrence Arnbrogi, Kevin Kenney, Chris Mohn, and
Rhodes Marston.
CALL TO ORDER
Chairman Shickle called the work session to order. He then turned the presentation over
to the Planning Director Eric Lawrence
Director Lawrence reviewed the agenda:
1. Comprehensive Policy Plan Amendment request;
2. TNDB Overlay District - Applicant Revision Request; and
3. South Frederick Land Use Study.
BLAIN CPPA
Planning Commissioner Oates recused himself as he was representing the applicant.
Deputy Planning Director Michael Ruddy presented this item. He advised this was a
request for a Sewer and Water Service Area (SWSA} adjustment to accommodate a 97.55 acre
change io the boundary. The current land use classification for the properties is commercial and
industrial. The property is located on the west side of Interstate 81, south of Cedar Hill Road
(Route b71} and north of Hopewell Road (Route 672), north of the Exit 321 interchange of
Interstate 81 in the Stonewall Magisterial District. He went on to say the Comprehensive Plans
and Progxams Committee felt this plan warranted more study. He noted that it would be
Minute Book Number 44
Board of Supervisors Work Session with
Planning Commission on OS /12/14
Re: Comprehensive Policy Plan Amendment,
Traditional Neighborhood District Business Overlay District Applicant Revision Request,
aad South Frederick Land Use Study
x.31
appropriate to include additional properties in the area and to adjust the SWSA boundary to
include the commercial and industrial praperties in that area. Deputy Director Ruddy advised
the Frederick County Sanitation Authority had looked at that area in April and noted some
potential concerns regarding pump station capacities.
The Board's consensus was to send this amendment forward for further study.
REVISIONS TO THE TRADITIONAL NEIGHBORHOOD DISTRICT BUSINESS
OVERLAY DISTRICT
Senior Planner Candice Perkins presented this item to the Board and Commission. She
advised this was a proposed amendment to modify the TNDB Overlay District. In order to be
eligible for this overlay, the property must be located in the Urban Development Area and Sewer
and Water Service Area. She briefly reviewed the differences between the overlay and the
existing B1 and B2 zoning district. She noted the fiscal impacts of such a development should
be considered during the rezoning process. She concluded by saying staff was seeking
comments from the Board and Planning Commission regarding this proposal.
Supervisor Hess asked what the design of the future commercial use might look like.
Senior Planner Perkin responded staff might have to work in the ordinance because those
spaces need to look more commercial than residential.
Vice - Chairman DeHaven noted the market had been very difficult over the last 8 to 10
years and we were seeing a continuing trend of people converting commercial and industrial land
to residential. He noted we have to be careful not to use up commercial land for residential uses.
Commissioner Thomas stated that once residences were allowed, it would not be cost
effective to convert the space back to commercial use.
Supervisor Collins stated. he had a lot of mixed emotions about this proposal, but we need
to ensure these areas stay retail.
Ron Mislawsky, Penoni &Associates, appeared on behalf of the applicant. He noted his
firm was working with Orrick Commons. He stated it was the intent of this text amendment to
ensure that the first floor be built to meet commercial standards. He went on to say it takes a
long time for residential over commercial development to work. He advised the building would
look like it intended to look and the market would determine when the first floor goes
commercial. He noted the development impact model fees would be paid. He went on to say the .
Minute Book Number 40
Board of Supervisors Work Session with
Planning Commission on 68/12/14
Re: Comprehensive Policy Plan Amendment,
Traditional Neighborhood District Business Overlay District Applicant Revision Request,
and South Frederick Land Use Study
oa21
development would be built to commercial standards. He concluded by saying the conversion
from residential to commercial would be easy.
Commissioner Crockett stated when he first read this he like the concept.
Commissioner Mohn stated he was intrigued by the concept; however, the devil was in
the dexails such as how this is implemented and what type of product we might get.
Supervisor Collins stated he did not want his prior comments misconstrued; but he was in
favor of this and believed the economy would dictate its success.
Director Lawrence reminded those present that even if the ordinance was amended a
rezoning was still required in order for the overlay to be implemented.
Supervisor Fishex stated he would support this proposal; however, there are not enough
rooftops to support this type of development, He went on to say the ordinance needs to be
changed. He felt if the use was residential then the buildings /facades need to look like
residential development. He concluded by saying this was market driven.
Chairman Shickle polled the Planning Commission and the Board to see where the bodies
were on this proposal.
Commissioner Crockett supported the proposal.
Commissioner Thomas had concerns about the proposal.
Commissioner Triplett supported but felt more study was needed.
Commissioner Kenney supported the proposal.
Commissioner Oates supported the proposal, but would like to see a trigger involved.
Commissioner Manuel supported the proposal.
Commissioner Ambrogi supported the proposal.
Commissioner Marston supported the proposal.
Commissioner Mohn supported the proposal.
Supervisor Lofton was not supportive. He slated he did not like the idea of residential
uses converting, maybe at some point, to commercial.
Supervisor Wells agreed with Supervisor Lofton. He was not comfortable with the idea.
Supervisor Hess was supportive of the proposal.
Supervisor Collins was generally supportive of the proposal.
Supervisor Fisher was supportive of the proposal.
Minute Baok Number 40
Board of Supervisors Work Session with
Planning Commission on 08/12/14
Re: Comprehensive Policy Plan Amendment,
'traditional Neighborhood bistrict Business Overlay District Applicant Revision Reduest,
and South 1, rederick Cand Use Study
o��
Vice - Chairman DeHaven had concerns about the proposal, especially if the property was
zoned B2.
Chairman Shickle did not favor the proposal.
Director Lawrence stated staff would work with the applicant to see if they could come
up with something and bring it back far further discussion.
DISCUSSION OF SOUTHERN FREDERICK AREA PLAN
Deputy Planning Director Michael Ruddy presented this item. He provided a brief
overview of the history of this process. He stated four working groups were established and
tasked with identifying specifics. The works groups were:
1. Urban Areas and Residential Development
2. Business Develapment
3. Transportation
�. Natural Resources, Historic Resources, and Public Facilities.
The study area encompassed the area generally east of Interstate 81 to the Clarke County line and
from the Opequon Creek in the north to Lake Frederick in the south. The study area also
included the Route 277 Triangle Study, Tasker Woods, and many of the existing residential
communities from Lakeside to Shenandoah and areas in between. The study area includes both
the Opequon and Shawnee Magisterial Districts.
Chairman Shickle expressed some concern over the maps because it was unclear what he
was being asked to do and what on the maps had changed.
Director Lawrence asked if it would be helpful for staff to provide hard copies of the
maps in the future.
The Board's consensus was to support moving this plan through the process.
There being no further business, the work session was adjourned at 1:05 p.m.
Richard C. Shickle J ey, Jr.
Chairman, Board of Supervisors lerk, Board of Supervisors
Minute Book I�Tumber 40
Board of Supervisors Work Session with
Planning Commission on 0$/12114
Re: Comprehensive Policy Pian Amendment,
Traditional l�eighborhood District Business Overlay District Applicant Revision Request,
and South p'rederick Land Ilse Study
0�4
Minutes Prepared By:
Jay E, i s
Deputy Clerk, Board of Supervisors
iVIinute Book Number 40
Board of Supervisors Work Session with
Planning Commission on 08/12/14
Re: Comprehensive Policy PIan.Amendment,
Traditional Neighborhood District Business Overlay District Applicant Revision Request,
and South Frederick Land Use Study