August 15 2018 Work Session with Planning Commission Minutes04
MINUTES
Frederick County Board of Supervisors — Planning Commission
Joint Meeting
Wednesday, August 15, 2018
6:00 p.m.
107 North Kent Street, Winchester, VA
ATTENDEES
Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice Chairman Gary A.
Lofton; Shannon G. Trout; Judith McCann -Slaughter; J. Douglas McCarthy; and Robert W. Wells
were present. Blaine P. Dunn was absent.
Planning Commission: Chairman Kevin W. Kenney; Gregory L. Unger; H. Paige Manuel;
William H. Cline; Charles E. Triplett; Lawrence R. Ambrogi; J. Rhodes Marston; Gary R. Oates;
Christopher M. Mohn; Kathleen "Kay" Dawson; and June M. Wilmot were present. Robert S.
Molden and Roger L. Thomas were absent.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Rod Williams, County Attorney; Michael T. Ruddy, Director of Planning and
Development; Candice Perkins, Assistant Director of Planning and Development; and Ann W.
Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven and Chairman Kenney called the joint meeting to order at 6:00 p.m.
APPROVAL OF AGENDA
Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy, the agenda was
approved.
DISCUSSION — Comprehensive Plan Amendment Requests for 2018
A. CPPA #02-18 — Carter Tract Proposal — Clearbrook (Near Brucetown Road)
Planning Commission member Gary Oates said he would abstain from discussion
on the proposal as he had provided services on the proposal for the applicant.
Assistant Planning Director Candice Perkins provided background information on the
request. She said the request was for inclusion in the Sewer and Water Service Area (SWSA) and
Industrial Land Use Designation of 213.8 acres of land - Parcels 45-A-2, 45-A-7, 33-A-144 and
33-A-89. She noted the properties are located north of the CSX Railroad, south of Brucetown
Road, and east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District. She added
the properties are currently zoned RA (Rural Areas) District, and the Northeast Frederick Land
Use Plan shows the properties as remaining rural,
Ms. Perkins provided a summary of the comments received from Frederick Water:
• Frederick Water does not presently have water and sewer facilities in the vicinity
of the Carter Tract.
• There is currently limited sewer conveyance capacity available in the vicinity of
the subject parcels.
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County of Frederick, Virginia
The existing Route I North sewer system has available capacities reserved by
property owners who funded the sewer infrastructure extension to Rest Church
Road area over a decade ago, but the system does not currently have excess capacity
available for additional land areas such as the subject properties.
• Sewer conveyance and treatment capacities are currently limited and warrant
upgrades to meet long term planned development that is reflected in the SWSA.
• Expansion of the SWSA will introduce additional demands for service, and
additional conveyance and treatment capacities, essentially adding additional land
area to further share the limited existing conveyance and treatment capacities.
Frederick Water does not support further study of the application without
consideration of a much larger study area that could collectively contribute to
infrastructure improvements to convey the study area sewage directly to the OWRF
or to a new W WTP. A study of opportunities for expansion of wastewater treatment
facilities would also be important.
Ms. Perkins said the CPPC discussed the proposal and the concerns of Frederick Water at
their July Meeting and recommended further study of a broader area for parcels contiguous to the
existing SWSA adjacent to the subject property. She noted the proposal is scheduled for discussion
at the September 12th Board of Supervisors meeting. She added that the owner of a property
adjacent to the Carter Tract has expressed interest in also coming into the SWSA, but this property
did not submit a formal CPPA request by the June 1 st deadline.
Ms. Perkins noted there is a gap between the subject property and the existing SWSA,
Supervisor Slaughter said she hoped there would be more definite information about the
user and the actual water use needed. She added that there are other environmental concerns as
well.
Mr. Tierney noted that the proposal is a comprehensive plan amendment rather than a
rezoning and therefore there is no certainty of an end user. Mr. Ruddy added that further details
would be worked out during the rezoning process that would follow the plan amendment.
Vice Chairman Lofton and Ms. Perkins discussed the process and the timeline of the
proposed study concluding that the study may require three to six months. Vice Chairman Lofton
said in coordination with Frederick Water a larger study area may be found desirable. Mr. Ruddy
noted that coordination with VDOT would also be required.
Mr. Tierney said that the Board's concerns could be stated as guidelines in the text of the
plan amendment to guide future rezoning.
The Board and staff discussed the possibility of adjusting parcels in the SWSA boundary
to reduce the area in some places offset by increases in another. Chairman DeHaven said he is not
interested in seeing the line move, and that location in the SWSA indicates the County is intending
to serve the areas with water and sewer access. He said he is agreeable to performing the study
but there should be no expectation of success in including the property in the SWSA.
Supervisor McCarthy said he is in favor of the study to gain information.
Supervisor Slaughter said that inclusion of properties in the SWSA is required for rezoning.
Ms. Perkins said the current request is the step required before an applicant can apply for rezoning.
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County of Frederick, Virginia
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Chairman Kenney said he agrees with performing the study, but that the County is not
ready to serve the area with water and sewer and should make no commitment to add the area to
the SWSA.
Vice Chairman Lofton said the comprehensive plan is a look forward and moving some
land to industrial use will help the tax base. He said concerns about capacity should not hold the
County back when planning for the use of the properties in the future.
B. CPPA #03-18 —Waverly Farm- (South of Hopewell Road and west of Interstate 81)
Assistant Planning Director Candice Perkins provided background information on the
request. She said the request was for Sewer and Water Service Area (SWSA) Inclusion of 145.5
acres (Parcels 33-A-69, 33-A-70, 44-A-80 and 44-A-80A) located south of Hopewell Road and
west of Interstate 81, in the Stonewall Magisterial District. She said the properties are currently
zoned RA (Rural Areas) District and the Northeast Frederick Land Use Plan designates these
parcels for mixed use industrial/office and industrial uses.
Ms. Perkins provided a summary of the comments received from Frederick Water:
• Frederick Water does presently provide water and sewer services to the VDOT Rest
Area, located immediately south of the applicant's land areas, and the only service lines
we have in the vicinity of the western side of 1-81,
The service to the VDOT Rest Area has limited capacities available for use by other
users.
• There is currently limited sewer conveyance capacity available in the vicinity of the
subject parcels.
• The existing Route 1 i North sewer system has available capacities reserved by
property owners who funded the sewer infrastructure extension to Rest Church Road
area over a decade ago, but the system does not currently have excess capacity
available for additional land areas such as the subject properties capacities available
for use by other users.
• Sewer conveyance and treatment capacities are currently limited and warrant upgrades
to meet long term planned development that is already captured in the current Sewer
and Water Service Area (SWSA) boundary.
• Expansion of the SWSA will introduce additional demands for service and additional
conveyance and treatment volumes, simply adding additional land area that will
further share the limited existing conveyance and treatment capacities.
Frederick Water does not support further study of the application without consideration
of a much larger study area that could collectively contribute to infrastructure
improvements that convey the study area sewage directly to the OWRF or to a new
W WTP. A study of opportunities, and implementation of results, for expansion of
wastewater treatment facilities would also be necessary.
Ms. Perkins said the CPPC discussed the proposal at their July Meeting and recommended
further study but had concerns about water, sewer and transportation. She noted the proposal is
scheduled for discussion at the September 12th Board of Supervisors meeting.
Supervisor Slaughter said the engineering study shows a gallons per day use that is
excessive, and said she is not comfortable with the proposal. She noted her discussion with Eric
Lawrence of Frederick Water regarding the November 2019 deadline and the possibility of future
changes in capacity.
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County of Frederick, Virginia
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Mr. Ruddy noted that Frederick Water has used current land use designations and the
current SWSA for short term planning and uses that information plus areas outside the SWSA for
planning that is more long range.
Mr. Oates said that Frederick Water has used the master plan to match the SWSA to the
uses already designated and that if new area is added, other area would need to be removed from
the SWSA.
There was discussion of the properties adjoining the parcels proposed for SWSA inclusion
and how the properties in the vicinity of I-81 were designated for various land uses.
Mr. Tierney noted that decisions regarding the comprehensive plan were made years ago
that affected where the SWSA is located. He said land use and purchase decisions have been made
over many years because of those decisions and urged caution regarding adjusting the SWSA
boundaries because of the appearance of creating winners and losers among property owners.
Supervisor Wells said while he would like to see industrial use land in the SWSA, the
County needs to be careful because additional water and sewer capacity may not be available even
if the study is conducted.
Supervisor Slaughter said her question about adjusting the boundary of the SWSA was in
reference only to a property owner swapping parcels within his ownership.
Supervisor Trout inquired whether further study should be started now in the eventuality
that additional capacity can be developed in the future.
Mr. Oates noted that sewer capacity is capped by the state at the current time,
Chairman DeHaven said he is not opposed to the study but is not in favor of moving the
SWSA line until the County knows how additional areas will be served.
Mr. Tierney said that the language in the comprehensive plan can include caveats that
identify obstacles that have to be overcome to accomplish rezoning.
Vice Chairman Lofton said the comprehensive plan is a tool and including caveats
acknowledging the existing obstacles shows the County is looking forward to opportunities for
growth.
Supervisor McCarthy said he is concerned that governments have short memories, and if
the study is done now, a future Board should have to go through the study process again before
making a decision.
Chairman DeHaven said historically the SWSA line means the County is ready to serve
water and sewer access.
Supervisor Slaughter noted the November 2019 deadline, and inquired whether the Board
should be taking care of those already rezoned before adding users to the SWSA.
Vice Chairman Lofton asked what would help Frederick Water in regard to increasing the
SWSA.
Mr. Oates said the focus for the next ten years at Frederick Water is serving the SWSA.
Mr. Tierney said the decision is ultimately a philosophical one about whether the area
should be developed. He noted that after being included in the SWSA, a property owner still needs
to seek rezoning which is where more detail is worked out.
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County of Frederick, Virginia
The Board and Commission members discussed creating an opportunity and moving the
S WSA boundary. Chairman DeHaven said determining land uses on the proposed parcels is a good
idea and he thinks it is Frederick Water's exercise to determine capacity.
Chairman Kenney said there was a mixed consensus regarding conducting further study.
Chairman DeHaven said the Board should consider the issue in advance of the Board of
Supervisors meeting on September 12, 2018. He thanked the Planning Commission for their work
on the matter.
Mr. Oates noted that past Boards had found it helpful to spend time staying in contact with
the Planning Commission and encouraged the current Board to do likewise.
ADJOURN
Upon motion of Vice Chairman Lofton, seconded by Supervisor Trout, the meeting was
adjourned at 6:50 p.m.
0aim
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Kris T e
Clerk, oat�rA s rs
linutes prepared By:
nn W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 44
Board of Supervisors -Planning Commission Joint Meeting of 08/15/18
County of Frederick, Virginia