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HomeMy WebLinkAboutPC_10-21-09_Meeting_MinutesMEETING MINUTES i OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 21, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Brian Madagan, Opequon District; Gary K Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: . Roger L. Thomas, Vice Chairman/Opequon District STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; John A. Bishop, Deputy Director- Transportation; and Renee' S. Arlotta, Clerk- CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the October 21, 2009, agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Triplett and seconded by Commissioner Mchn, the Planning Commission unanimously approved the minutes of the September 16, 2009 meeting. COMMITTEE REPORTS Sanitation Authority - 10/20/09 Mtg. Commissioner Unger reported that the water table was discussed and determined to be good with no immediate problems; sufficient rainfall has kept water usage down. Commissioner Unger provided the • Frederick County Planning Commission Page 2551 Minutes of October 21, 2009 -2- production rates for the various plants. He said the Parkins Mill plant was doing well and is expected to be • finished at the end of the month. Work is ongoing to increase production at the Clearbrook plant by about a million gallons per day. Historic Resources Advisory Board (ARAB) — 10/20/09 Mtg. Commissioner Oates reported the HRAB discussed the rezoning application for Graystone Corporation Office and Industrial Park; the project consists of 271 acres located in the Stonewall District and the applicant is requesting rezoning to MI from RA. Commissioner Oates said the HRAB recommended the following: 1) an increase to the allowed height of M 1 and an increase to the FAR would not be appropriate; 2) less intensive uses should be placed at the northern portion of the project, in the vicinity of core battlefield areas; 3) more intensive uses in regards to noise, odor, and traffic should be proffered out; 4) parking lots should be located in the interior of the park, rather than the outer perimeter near battlefields, scenic byways, andresidences; 5) provide for increased setbacks on the outer perimeter; 6) a Phase I archeological survey should be conducted based on core battlefield areas and historic homes, a Phase U survey should be performed, if warranted from Phase I findings; 7) increased buffers along battlefields, scenic byways, and residential properties should be applied and, where practical, use of natural vegetation. CITIZEN COMMENTS • Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING _ -- - -- -- - -. _- -- _ — Rezoning Application 912 -07 of Opequon Crossing, submitted by Patton, Harris, Rust & Associates, Inc. (PHR &A), to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for up to 325 single - family attached and detached residential units. The property is located south of the existing terminus of Eddy's Lane (Route 820), approximately 2,500 feet south of Route 7 and 1,650 feet west of Opequon Creek. The property is further identified by P.I.N. 55 -A -210 in the Red Bud Magisterial District. Action — Recommended Approval with Proffers Deputy Planning Director, Michael T. Ruddy, reported that this application seeks to rezone 70.15 acres from RA to RP for up to 325 single - family attached and detached housing units. Mr. Ruddy said the applicant has proffered no more than 170 single - family attached dwelling units, which is 4.6 units per acre. He said the applieant has proffered a Generalized Development Plan (GDP), which identifies the location of a recreational facility and specifies that no building permits will be issued until the spine road is constructed to the southern property line. The applicant has also proffered to construct a small portion of the east -west collector • road. Mr. Ruddy said that since the tuning of transportation improvements by others has been resolved with the Frederick County Planning Commission Page 2552 Minutes of October 21, 2009 -3- applicant's proffer that no building permits would be issued until the spine road was completed, only three • unresolved issues remain: transportation improvements, trail and sidewalk improvements, and a design and definition of the recreational facility. Deputy Director - Transportation, John A. Bishop, said there was a significant change in the monetary transportation proffer for this application submission as compared to the package submitted in 2007. Mr. Bishop said the applicant is proffering $1,000 per single - family attached dwelling and $2,000 per single - family detached dwelling, while the previous version had proffered $3,000 and $5,000 respectively. Mr. Bishop said the total amount of cash proffered is significantly less with this application than the previous one. Further, it was less than what the applicant had provided for Parks and Recreation. Mr. Bishop said that although the adjoining Haggerty project contains a similar number of units, there is a significant difference in the level of commitment based on the amount of the cash proffer and the extent of transportation improvements constructed. Mr. Bishop next discussed some of the transportation issues. He said that eastbound traffic from this project will be forced to use Route 7 or access Valley Mill Road via a single -lane bridge through a historic farm; he said the traffic impacts will not solely be at this location, but will be felt at 1 -81 and all the way down to the entrance to the Gateway shopping center along Route 7. Mr. Bishop noted that negotiations for an alternate access through Fieldstone were not successful. He next pointed out a problem with the language in proffer paragraph 9.4 in which the applicant specifies an 80 -foot right -of -way limitation for Eddy's Lane to the eastern property line. The proffer states the 80 -foot right -of -way may increase to 100 feet, to be determined by VDOT; however, it should instead state that the width will be determined by Frederick County. He said comments received from VDOT state, "... additional right -of -way is needed on the East -West collector roadway at any intersection requiring right -turn lanes. A LTD-4 with right -turn lanes, without sidewalk, requires a minimum of 100 feet of right -of- way." In addition, Mr. Bishop said language is needed for public access to the trail system; otherwise, a Homeowners Association (HOA) could decide its trail system was private and elect not tie into the • community trail system. Mr. Patrick Sowers with PHR&A, was representing this application. Mr. Sowers said the Haggerty project was rezoned in 2007 and Opequon Crossing builds off what the Haggerty project started. Mr. Sowers addressed a number of issues that were raised in the staff's report. 1) HRAB — Mr. Sowers said all comments from the HRAB have been addressed, which included a change of the project name; a year -around screen adjacent to Valley Mill Farm consisting of a double row of evergreen trees along with the existing substantial screen; a documentation of the Adams House and existing structures before demolition. 2) Traffic Generation — Mr. Sowers said the estimated traffic generated for this project has decreased from 3,000 tpd to 2,658 tpd according to a formal scoping with VDOT. 3) TIA Scope — Mr. Sowers said the intersections required to be scoped are determined by VDOT and not the applicant. He said three intersections were scoped and the intersection of Haggerty and the Spine Road connection was determined to be a LOS "B." 4) Typical Section East -West Collector — Mr. Sowers said the applicant has proffered to build two lanes of the ultimate four -lane divided cross section of the East -West Collector from point A to B as indicated on the GDP; and, from point B to C, they will provide a reservation area for the ultimate right -of -way necessary to make the connection to Valley Mill Road. He said the language states the ultimate width is 80 feet and, if VDOT requires additional right -of- way, up to 100 feet can be provided. Mr. Sowers said the proffer language will be modified to include the county in this determination. 5) Road Efficiency Buffer — Mr. Sowers stated that requirements in the zoning ordinance for the road efficiency buffer between the residential units and the major collector roadway will be followed; he said there is no modified road efficiency buffer within the proffer. Mr. Sowers said this project provides the right-of-ways for all new roads and for the east -west collector in accordance with the Eastern Road Plan; it provides inter -parcel connectors to adjoining properties; and it provides a secondary access through Eddy's Lane. Mr. Sowers said the applicant's failed pursuit of a • connection through Fieldstone was not a result of a lack of cooperation, but was due to the Fieldstone developers Frederick County Planning Commission Page 2553 Minutes of October 21, 2009 -4— having already sold units to homeowners with the understanding this would not be a through street. He said the • developers of Fieldstone have already installed half of their infrastructure and many of their residential lots have already been marketed and sold as a private development. Mr. Sowers said this project is providing a complete pedestrian sidewalk system within the development per ordinance requirements, as well as a trail system In conclusion, Mr. Sowers stated that this project is located within the S WSA and the UDA, and is Comprehensively Planned for residential development; he said that the project mitigates all impacts per the impact model and it operates with a LOS `B" in addition to providing $480,000 for infrastructure. He added that the spine road must be completed before any building permits are issued. Mr. Sowers stated that asking this applicant to make off - site road improvements when they are operating at a LOS `B" per the TIA, did not seem to be in keeping with the Comprehensive Policy Plan. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Ruckman asked if the spine road would stay in place after Route 37 is constructed through this area. Mr. Sowers replied that Route 37 would sever the spine road connection to the south, but it would become an underpass for the east -west connector. It was noted that approximately 750 feet of the spine road would transition to become two lanes of Route 37. Commissioner Oates was interested in the applicant lining up the inter - parcel connection shown on the plan in Opequon Crossing with that shown in Fieldstone. Commissioner Mohn commented that this project was probably not ideal from a Comprehensive Policy Plan perspective. He said he was sensitive to the long -range transportation and infrastructure needs in this area, although he thought some of those expectations exceed what can reasonably be expected from this particular • project. He thought the applicant had made efforts to address these needs. Commissioner Mohn believed this exercise highlighted the need for a transportation model that could equitably show what a specific project is responsible for regarding off -site and cash contributions. He said that although the proposal is consistent with the Comprehensive Policy Plan for land use, he was disappointed the monetary numbers were reduced with this application. Commissioner Mohn made a motion to approve Rezoning Application #12 -07 of Opequon Crossing with proffers. This motion was seconded by Commissioner Triplett and passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #12-07 of Opequon Crossing, submitted by Patton, Harris, Rust & Associates, Inc. (PHR &A), to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for up to 325 single - family attached and detached residential units. The majority vote was as follows: YES (REC. APPROVAL): Mohn, Triplett, Kriz, Madagan, Wilmot, Ruckman, Manuel, Ambrogi, Crosen, Unger NO: Oates (Note: Commissioner Thomas was absent from the meeting.) • Frederick County Planning Commission Page 2554 Minutes of October 21, 2009 -5- Rezoning Application #05-09 of Haggerty Commercial, submitted by Patton, Harris, Rust & Associates, Inc. (PHR &A), to rezone 4.0 acres from RP (Residential Performance) District to BI (Neighborhood Business) District, with proffers, for commercial use. The property is located along the east side of • proposed Haggerty Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7. The property is further identified with P.I.N. 55-A -212 in the Red Bud Magisterial District. Action — Recommended Approval with Proffers Deputy Planning Director, Michael T. Ruddy, reported that this application is to rezone 4.0 acres from RP (Residential Performance) to B 1 (Neighborhood Business) with proffers for commercial use. Mr. Ruddy reported that the property is within the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). He said the Eastern Frederick County Long -Range Land Use map designates this general area for residential land uses and not for commercial development; therefore, this request is not in conformance with the Eastern Frederick County Long -Range Land Use Plan. He noted that the residential land use designation was supported by the Board of Supervisors' approval of the original Haggerty development, which was approved in 2005 and revised in 2007. The Haggerty rezoning application indicated this land would be part of the open space for the community and was shown as open space on the GDP and MDP, which was approved in October of 2007. He said this area of open space was designated in recognition of the significant environmental character of the area and as an enhanced area of buffer from the adjacent Opequon Wastewater Treatment Facility. Furthermore, he said the Parks and Recreation Department has recommended that this area be retained for a public park. Consequentially, the proposed use is not consistent with the previously proffered and approved GDP and the approved MDP for the open space area associated with the application's residential uses. Mr. Ruddy said this site is proposed to be accessed via one commercial entrance on Haggerty Boulevard. He said the applicant should consider eliminating the proposed commercial entrance as shown on the GDP and providing a joint entrance to the area of the park/open space that aligns with the relocated Valley Mill is Road (future east -west collector). Mr. Ruddy said the commercial rezoning does not address corridor appearance; he said the applicant should consider providing additional landscaping along Haggerty Boulevard and enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the county. Commissioner Kriz inquired if there was enough open space available that the applicant could still meet the minimum requirements for open space. Mr. Ruddy replied the applicant could meet the requirements for open space; however, the character of the Haggerty rezoning request was such that there was a significant amount of environmental features and open space adjacent to the Opequon Creek and that was a desirable feature to support the residential development, in addition to providing a buffer between the residential land uses and the Opequon Wastewater Treatment Facility. In consideration of the land use map and the residential designation, Commissioner Mohn asked how the staff would apply the UDA policies to this type of proposal where in an otherwise exclusively residential area, there is an opportunity to provide a small neighborhood commercial area that seems to promote the goals of walk ability and integration of uses so that persons are not forced to travel by vehicle to other locations. Commissioner Mohn asked if this request may facilitate the attainment of some of those objectives. Mr. Ruddy replied that the commercial located internally to Charing Drive and the elementary school probably provides the neighborhood commercial to a greater extent. He said this particular commercial request will be very close to the Haggerty homes and potentially, the Opequon homes, but perhaps it is located more to take advantage of the commuter traffic heading towards Route 7 on a daily basis rather than the neighborhood side. • Frederick County Planning Commission Page 2555 Minutes of October 21, 2009 Mr. Patrick Sowers with PHR &A was present on behalf of the applicant. Mr. Sowers said that during the original Haggerty rezoning, there were two land bays shown for the residential areas and there was • another gray hatched area designated as open space. Mr. Sowers said the idea emerged to put in a small scale neighborhood commercial user in the vicinity to provide goods and services to those residents living in the immediate vicinity. Mr. Sowers said that when they processed the MDP, they labeled, "Required Open Space — 30 %" and "Residual Open Space — 12 acres." He said the application before the Commission is to modify four acres of the existing Haggerty proffer in order to allow this neighborhood commercial use. He said the justification for this is to limit the number of people that need to drive out to Route 7 and all the way up to I -81 at Winchester Gateway for goods and services. The simple way to provide that is through a small scale neighborhood commercial user and that is what the applicant is providing. Furthermore, there is a pedestrian trail system that links across into the Twin Lakes area, Senseny Glen, and Sovereign Village and those areas could access this through the trail system without getting into a vehicle. Mr. Sowers said they have proffered street trees along the front at 50 feet on center, high -end masonry materials, and conformance to general elevation. Mr. Sowers continued, stating that they met with the Parks and Recreation Building and Grounds Committee originally with the concept of tying this to the Opequon Crossing application; however, that was not pursued. He said outside of the rezoning process, however, they wanted to state for the record that the applicant does intend on offering to the County this residual 34 acres, should they so choose to take it. Mr. Sowers said that is why they have proffered to provide a minimum of ten parking spaces to provide access to that future park facility. Commissioner Oates preferred to see the entrance to the commercial area line up with the future east -west collector to minimi entrances along the spine road. In addition, Commissioner Oates questioned why no uses were proffered out of the request, if this area is truly intended to be neighborhood commercial. Mr. Sowers replied that if the entrance was lined up, they would have to build the road through open space and there would not be direct site access to the commercial user. He said it was their intention to move the entrance as far • away as they could from the east -west collector, while still having direct access to the user. Regarding Commissioner Oates' comment on proffering out uses, Mr. Sowers said that since this was a B1 zoning for neighborhood commercial, rather than a typical B2, they believed there wasn't a real need to proffer out uses. He said they are not intending to pull trips off Route 7 to use this site. Mr. Sowers said they met with VDOT to scope this intersection as well, but it was determined that a TIA did not need to be conducted because traffic was an internal capture. Commissioner Ruckman asked if the northeast property line of the proposed rezoning area would be directly adjacent to the wastewater treatment plant property. Mr. Sowers pointed out the original Haggerty property boundary; he said in working out dhe boundary line adjustment to create the right -of -way for the Haggerty spine road, this portion was given to the FWSA (Frederick - Winchester Service Area) to increase their buffer distance. He pointed out the FWSA, their buffer, the neighborhood commercial, and then the open space area before the residential. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Commissioner Kriz commented that the UDA Study has shed a different perspective on having this commercial area available to create a neighborhood community than before the UDA Study was done. Commissioner Mohn added that he viewed this as a more balanced project or providing more dimension to the project and use opportunities; it provides something for all the residential uses that will be located in this area. So while not clearly identified in the Comprehensive Policy Plan for commercial use, he is believed it advanced the UDA policies. Frederick County Planning Commission Page 2556 Minutes of October 21, 2009 -7— Commissioner Mohn made a motion to recommend approval of Rezoning Application #08 -09 for Haggerty Commercial with proffers. This motion was seconded by Commissioner Triplett and was passed by . a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #05 -09 of Haggerty Commercial, submitted by Patton, Hams, Rust & Associates, Inc. (PHR &A), to rezone 4.0 acres from RP (Residential Performance) District to B 1 (Neighborhood Business) District, with proffers, for commercial use. The majority vote was as follows: YES (REC. APPROVAL): Mohn, Triplett, Kriz, Madagan, Wilmot, Ruckman, Manuel, Ambrogi, Crosen, Unger NO: Oates (Note: Commissioner Thomas was absent from the meeting.) PUBLIC MEETING Subdivision Request 904 -09 of Bonnie Triplett, submitted by Greenway Engineering, to create two lots consisting of 2.0 acres and 4.157 acres for a family division at 1065 Airport Road. The applicant has • requested a waiver from Section 144 -24B of the Frederick County Subdivision Ordinance to allow a 4.157 -acre parcel to be created with a road frontage less than 250 feet and a lot area less than five acres for both parcels. The property is located on the north side of Airport Road (Route 645) and is further identified by P.I.N. 64 -A -174 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R Cheran, reported that the property is zoned RA (Rural Areas) District and the land use is residential. Mr. Cheran reported that the request is for subdivision of 6.157 acres into two parcels consisting of 2.0 acres and 4.157 acres to settle a trust for the applicant He said two dwellings are located on this property and the subdivision will allow these dwellings to stand on separate tax parcels. He noted that the parcels are located outside of the SWSA (Sewer and Water Service Area) and the proposed future Route 37 Bypass is planned to cross this property. Mr. Cheran said the applicant has also requested a waiver from Section 144 -24B of the Frederick County Subdivision Ordinance which addresses lot size, lot area, and density in the RA Zoning District. He said the waiver will allow a 4.157 -acre parcel to be created with a road frontage less than 250 feet. In addition, two parcels will be created with a lot area less than five acres and with a density less than one dwelling unit per five acres. Mr. Cheran said the staff is seeking three actions from the Planning Commission, as follows: 1) a recommendation regarding the reduction of public road frontage less than 250 feet for the 4.157 -acre parcel; 2) a recommendation regarding administrative approval authority for lots less than five acres in area and with a density less than one dwelling unit per five acres; and, 3) a recommendation regarding administrative approval authority for a two-lot subdivision. • Frederick County Planning Commission Page 2557 Minutes of October 21 2009 Commissioner Oates observed there was no right -of -way dedication on the 30 -foot prescriptive easement; he said the county code requires a 25 -foot dedication for subdivisions. Also, be said with Route 37 • crossing these lots, the plats should show the future location of Route 37. Mr. Cheran agreed that a 25 -foot right - of -way dedication was required. Mr. Cheran read a note on the plat disclosing the possibility of future right -of- way acquisition for the proposed Route 37 Eastern Bypass. Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent the Triplett Trust. Mr. Wyatt said Mr. Triplett has passed away and Mrs. Triplett is in the process of settling the trust for the various family members. In working with their tax attorneys, they determined a need to provide properties to various family members. He said there is a 6.15 -acre parcel with two dwellings; one existed when they purchased the property and the other was constructed in the early 70s. Mr. Wyatt said he didn't understand how the house and property got permitted at that time; however, today there is a lot which is legally nonconforming with two residential uses. Mr. Wyatt said that they are attempting to make at least one of the homes in conformity with current ordinance standards and in doing so, they created the two -acre family lot and with the residual parcel, and they were able to keep a 50 -foot building restriction line, which is also in conformity with current ordinance standards. He said where they fall short is in the size of the residual lot and the frontage requirement. Mr. Wyatt added that the disclosure note read by Mr. Cheran regarding the future Route 37 Bypass will be placed on the final plats, along with the 25 -foot roadway dedication. Commissioner Unger asked if there would be easements on the drainfields and Mr. Wyatt replied yes, they were on the plat. Commissioner Oates inquired if Miss Henry realized she could not sell this land for anumber of years according to the family subdivision requirements and Mr. Wyatt replied yes. Commissioner Manuel inquired if the applicant realized that the future path of Route 37 is goes through this tract of land and Mr. Wyatt replied yes. Chairman Wilmot called for anyone in the audience who would like to make comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner Manuel and seconded by Mr. Ambrogi, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #04 -09 of Bonnie Triplett, submitted by Greenway Engineering, to create two lots consisting of 2.0 acres and 4.157 acres, for a family division at 1065 Airport Road, with a waiver of Section 144 -24B of the Frederick County Subdivision Ordinance which would allow a reduction of the 250 -foot required public road frontage on a 4.157 -acre parcel; the granting of administrative approval authority for lots less than five acres in area and with a density of less than one dwelling unit per five acres; and the granting of administrative approval authority for a two -lot subdivision. (Note: Commissioner Thomas was absent from the meeting.) • Frederick County Planning Commission Page 2558 Minutes of October 21, 2009 a COMMISSION DISCUSSION COMPREHENSIVE POLICY PLAN AMENDMENT— SEWER AND WATERSERVICEAUTHORITY (SWSA) EXPANSION FOR THE ROCK HARBOR GOLF COURSE. Deputy Planning Director, Michael T. Ruddy, reported that on September 14, 2009, the Comprehensive Plans and Programs Executive Committee endorsed a draft amendment to the Round Hill Land Use Plan known as the Rock Harbor Amendment to the Round Hill Land Use Plan. Mr. Ruddy said that through the 2009 Comprehensive Policy Plan Amendment process, the Frederick County Board of Supervisors endorsed the evaluation of an amendment to the Comprehensive Policy Plan to include the property known as the Rock Harbor Golf Course. He explained that the amendment has two primary goals — first, to establish a new area of land use that would specifically promote the recreational attributes of this area in conjunction with the open spaces associated with the existing Rock Harbor Golf Course; and second, to create a well - designed Conference Facility and Commercial Center with an orientation to the golf course and future Route 37 interchange. He said the goals of the amendment seek to enable the development of land uses which will provide economic development, tourism, and entertainment benefits to the community and to Frederick County, and further promote the Pock Harbor Golf Course. Mr. Ruddy said the result of this proposed amendment would be the addition of approximately 260 acres into the Sewer and Water Service Area (SWSA) and the addition of a new land use designation, a Recreation and Conference Commercial Community, which promotes a balance of land uses with the recreational component as the primary land use, supported by conference facilities, lodging, commercial activities, and a limited amount of accessory membership residential opportunities. Mr. Ruddy next reviewed and discussed with the Commission the components of the Rock Harbor Amendment to the Round Hill Community Land Use Plan, which included Guiding Principles, Land Use with a specific Balance of Land Uses, Community Facilities, • Design, Transportation, and Implementation. Mr. Ruddy had an additional item to be discussed with this request. Mr. Ruddy said a letter has been received from an adjacent property owner with a request to include approximately five acres into the consideration of this Comprehensive Policy Plan amendment. He said the intent is to use the property in a manner compatible with the Rock Harbor Golf Course, as a recreational commercial use. Commissioner Mohn felt this amendment process had proceeded well; and, in particular, he was pleased the applicant has been open to the process and hearing the committee's ideas as it moves along. Commissioner Mohn said the whole idea behind this is to ensure that the project is successful and that it comes together well. Commissioner Mohn encouraged some additional thought into the question of flexibility with the Balance of Land Uses. He said he was not as much concerned with the overall breakdown of uses, but at this point, tying some of the pieces together; for example, tying the conference facility and its minimum size to the initiation of some of the residential membership opportunities. He could see where the residential memberships may have some value, perhaps in advance of the conference facility, but not to the exclusion of the conference facility and the commercial, in support of the recreational element, the golf course. He said the committee talked about the 500- person capacity being a threshold, but he could see this as another area to proceed cautiously with the Comprehensive Policy Plan so there is flexibility in developing the ordinance to implement this. He said another aspect from the committee's perspective was the recommended path in adopting this amendment and moving forward with the creation of an ordinance that would be specific to this type of use and area; however, it was suggested that it may be preferable to get into the mechanics of the minimums and maximums later. He said the only other key element was the issue of the trail and to ensure the County will get the connectivity, west to east and north to south, and to provide some flexibility on how that is accomplished. E Frederick County Planning Commission Page 2559 Minutes of October 21.2009 -10- Commissioner Oates stated that the committee put as much work into this as there could be at this point in time. He thought the next step should be to let it be reviewed by the Board of Supervisors and get • their comments. Chairman Wilmot commented that a conference facility also has hotel rooms. Mr. Ruddy agreed and added that water and sewer use and land use go hand -in -hand and there may be opportunities for some creative things with wastewater, not just for this site, but for the area. He noted that the short-term limitations and mechanics will need to be dealt with. The Frederick County Sanitation Authority's (FCSA) Engineer - Director, Uwe E. Weindel, P.E., was available at the meeting at the request of the CPPC. Mr. Weindel spoke with the Planning Commission about this SWSA expansion opportunity and the long -term planning necessary to provide water and waste water resources within the UDA and SWSA. He said the FCSA continues to move forward with their effort to provide these resources. Mr. Weindel also provided an overview of some of the short tern infrastructure issues that needed to be addressed by development in this area of the County in support of future development projects. Mr. Weindel said the key component to development of this area is Willow Run; he said without it, access to water and sewer for the ultimate development of the Round Hill area, including Silver Lake, the Rock Harbor project, and the existing community, would be problematic. In addition, he said the infrastructure in this area should be appropriately sized to handle the future growth. Mr. Weindel said the treatment capacity is available, but the conveyance of wastewater from the projects to the plant is an issue that will need to be addressed. Willow Run will need to be enlarged or sized correctly. Mr. Weindel advised all parties of interest to meet together to determine the goals and what provisions will need to be made in order to serve what is necessary to continue development of the area for additional future growth. Regarding the addition of the Kelley Robinson request, Commissioner Kriz said that if the request stays within the intent stated, recreational commercial use, it should be included with this amendment. • The Planning Commission believed that ultimately, this land use plan and request was a positive one that fit well in this area. TRANSFER OF DEVELOPMENT RIGHTS (TDR) ORDINANCE Planning Director, Eric R Lawrence, reported that earlier this year, Frederick County adopted the Rural Areas Policy which contained efforts to preserve the rural landscape, to preserve property owners' rights, and to recognized the impacts of development in the rural areas and the demands for services. Mr. Lawrence stated that one of the recommendations was to establish a Transfer of Development Rights (TDR) Program. He explained that TDRs establish an opportunity for the agricultural landowners to capture their land value without selling their land; it also promotes a continuation of the agricultural activities and land preservation. He said the TDR redirects the demand for public service to more appropriate areas where services maybe more efficiently provided The TDRs also establishes an opportunity for the land developers to acquire residential density rights without going through the traditional rezoning process. Mr. Lawrence said the draft ordinance has been provided to the Commission in the agenda packet. He proceeded to do a brief overview of how it would be applied in Frederick County, detailing the Sending Properties, the Receiving Properties, the Certification Process, and the Transfer Process. He noted that according to the State Code and the draft ordinance amendment, the sending areas and the receiving areas will need to be identified within the Comprehensive Policy Plan; he displayed the draft map showing the sending and receiving areas. W. Lawrence explained the certification process for the sending properties and the Transfer of Frederick County Planning Commission Page 2560 Minutes of October 21, 2009 -11- Development Rights Certificate outlining how many density rights the property may transfer. Commissioner Kriz asked who would give the final approval for the Letter of Intent and the Transfer of Development Rights Certificate. Mr. Lawrence said according to the ordinance, the Planning Department would oversee the program and approval would be an administrative process. Commissioner Kriz also inquired what would be available to the sending property, if the UDA would be expanded to include the sending property. Mr. Lawrence said the property owner would not get another opportunity to develop; he said the State Code states that once development rights are sold through a TDR, the property cannot be developed. Commissioner Rucdmran asked about the use of proffers with the TDR Program Mr. Lawrence said the TDRs avoid the expected proffers from the developer. He said it will bean incentive for the development community to look at the TDR Program, because not only do they avoid going through the rezoning process, with its time and uncertainty, they do not have the proffer expectation. Members of the Commission inquired about transportation improvements. Some remarked that the County stands to lose some of the transportation proffers, either in terms of construction or money, depending on the volume and scale, or with strategically located in -fill sites. They inquired about the extent to which that may have been quantified for comparison, recognizing that in the Waal areas, there is no opportunity to receive transportation proffers. Mr. Lawrence replied that there is still an obligation through the current process and ordinances to address transportation impacts immediately adjacent to the site; however, the developer could avoid the cash per unit requirement. Mr. Lawrence said that with the rural areas discussions, the concern was raised that transportation impacts in the rural areas were not being mitigated. So, with the consideration of the TDR Program, the idea that transportation impacts could be somewhat mitigated, not from a dollars aspect, but if those houses were transferred out of the rural community, traffic congestion is slowed down that otherwise would show up on the rural roads unsuitable for traffic. • Commissioner Oates was concerned there was a possibility that development rights could be given to properties with environmental features that would have previously rendered them unsuitable for development. He was concerned about whether the typical 20 -lot subdivision might turn out to be much larger because the developer wouldn't be required to meet the impacts of development. He thought there should be some type of TIA required and some mechanism to force a developer to incorporate public trails and inter - parcel connections. He also questioned the profitability for the sending properties, if they have to get surveyors or environmentalists involved. Mr. Lawrence said there is an economic decision to be made. He said he didn't expect a transfer right to be as valuable as a true build on your own, but the difference is that the owner gets to keep his land and with it the viewshed or the agricultural opportunity. Mr. Lawrence said this is just another option for property owners. Some questions arose about the possibility of a landowner who might not receive the true full value of the property. Mr. Lawrence emphasized that the TDR Program is a voluntary program; he said it is a private financial transaction between property owners and they will need to come to agreement on a price. Mr. Lawrence said it will be important to simplify the program structure. Referring to the map, Commissioner Triplett mentioned that a number of sending properties are already in land use; he asked if the TDR Program would change the tax rate on those properties. Mr. Lawrence said according to the Commissioner of Revenue's office, if a property doesn't have development rights, assessed value is reduced; however if the property is in land use, it already has a minimal assessed value. Mr. Lawrence said if the property is kept in land use, it probably doesn't drastically affect tax obligations for real estate tax. is Frederick County Planning Commission Page 2561 Minutes of October 21. 2009 -12- There was an additional comment made about the absence of TNDs (Traditional Neighborhod is Design). Mr. Lawrence stated that the TND component will be included after the TND ordinance is adopted. Mr. Lawrence stated that staff will forward all of the comments from the DRRC and the Planning Commission to the Board of Supervisors for their consideration and direction. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:35 p.m. by a Respectfully submitted, k . �vAA-4-�- Jute . Wihno Chairman Eric R Lawrence, Secretary • E Frederick County Planning Commission Page 2562 Minutes of October 21, 2009