PC_09-05-12_Meeting_MinutesMEETING SMUN' TES, .
OFTIIE'
FREDERICK'COUNTY PLANNING COMMISSION
fihe meeting was held in the Board Room of the; Frederick Gounty', ,dmi i stration Building'at lOZ`North
.Kent Street °;in Winchester, Virgin a.on;Septernber 5,;20'12,
PRESENT: June M. Wilmot, Chairman / Member at ,Large;'Roger :L Thomas, Vice Chairman/
Opequon District; Gary R. Oates; Stonewall District; J. Stanley .Crockett, Stonewall District; Lawrence R.
Ambrogi, Shawnee - 'District, H., P,aige'Manuel,, Shawnee District - "Kevin W., Kenney, Gainesboro,District;
'Charles E: Triplett, Gainesbor..o District; ,Greg L. Unger; Back Creek District; Kevin O ,Crosen, .Back
Creek Districf; Christopher, M' ;Mohn,. Red. Bud Distrief; and' Ph�hp .E'. Lemieux,. Red Bud District ;.
Jennifer;Beatley,. City of Winchester Planning; Commission's Liaison; :Ross P. 'S.picer, Frederick County
Board of Supervisors' Liaison; and Roderick,'. Williams,, Frederick County Attorney:
ABSENT:. Brian 1Vladagan,''Opequon.District
STAFF PRESENT T ° Eric R- Lawrence .Planning Director; Michael' T, _Ruddy Deputy Planning
Director; John A. Bishop', Deputy Director = Transportation; 1Vlark R. Cheran, Zoning & Subdivision
Administrator; and Renee' S .Arlotta, .Clerk.
_CALL TO'_ ORDER_& _ADOPTION .OY 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. This motion was
seconded by Commissioner Thomas.and unanimously passed..
COMMtTTEE'R'EPORTS`
Sanitation Aatliority °(SAS = 8 /2i /12 :1VItg..
Corrirni "ssiohbr Unger ,,gave tl e. fo'llow'ing, report: 56 inches of -rainfall was recorded for
last month; the previous. month; was 2.75 inches. The Diehl Plant used.2.3<lmgd;, the. Anderson Plant used
.2.3':m gd; and..88 °mgd was °purchased from the City of Winchester; the daily average- use',was'5.51 mgd,
which: is normal 'for this time of year:. The Diehl Plant went, down approximately six, feet last- month; the
Anderson _ Plant' also went; dowbn. about six feet. The Sariit_ation Authority was not, concerned. about the
decrease in plant Levels, `'based on the�time of °year. There was also, :discussion ,about- some -problems v�itli
the force :main in Stephens C ity aid there, are, plans for rep lacemen t ,..Bids were received and Carroll
Construction was ;awarded. at $1'78,000::. The Sanitation - Authority recommended, there should not'be any
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Minutes of September. 5, 201'2
_Z_.
further hook -ups at the-tStephens ,Pump Station until some of the. infrastructure is repaired;, work is
continuing on'repairing'leakage'.
Transportation Committee.— 8127/12,Mtg :
Commissioner Oates reported on five items, from the Transportation Committee: 1)
Received the BDA-S Committee Report; 2) Received 'a proposal for; Dairy Corner Lane (Rt. 7 and I -81)
for one of the, streets to be desigiiated as a "one -way street to avoid left- turn,.movements out to the.traffic
signal; 3) Recommended to the Board. of Supervisors the removal of a portion of Gold's Orchard. Road in
the -Back :;Cteek District; 4) Conclusion. ofIheHayfield Road Study; all age(cies including the State,•the
,Schools, and the Sheriff's Office; have submitted .reviews and it, was determined the intersection of
Hayfield'Road and Route 50'is in compliance with regulations and no iimprovements are warranted; and,
5),Recommended approval of a:resolu'tion;to the Board of Supervisors on a.re,quest for advanced traffic
signal warning devices, in particular, at Sulphur Springs Road and Route 50 East..
Winchester City-PlanningCommission — `8/21/12 Mtg.
Commissioner Kenney reported about two items on the City Planning Commission's
agenda: f) Rezoning of the former, Glaize &, Brothers Valley Lumber location, on, Cameron Street; this
'request was a change in ;zoning to Mi_xed'Use for a district, office with a resid.'ential, component and some
commercial; 'there were possible height implications;. however, a generalized construction plan is not yet
,available.; this. was forwarded to City. Council for approval.; and, 2) CUP for the SPCA on Featherbed
"Lan e" for expansion of activities; some flood plain issues were recognized; this was also forwarded to City
Council for approval.
Chairman 'Wilmot. welcomed Commissioner Jennifer Beatley 'from the Winchester City
Planning- Commission. Commissioner. Beatley added .to. the City .Planning Commission's report noting
the recommendation of approval for administrative authorization for Parks &.Recreation to improve the
BMX track at.Jim Barnett Park, focusing on parking and sidewalk areas: Commissioner Beatley said the
next,: Planning Commission,meeting is scheduled for September 18, 2012, at 3:00 p.m.
CITIZEN COMMENTS
Chairman Wilmot,called for citizen comments on any issue not on this evening's, agenda.
No one came - forward to speak andChainnap Wilmot closed the citizen comments portion oftthe meeting.
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Minutes of September: 5,,:2012
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PUBLIC HEARING
An .ordinance to amend the.- Frederick County-,C ode,, Chapter 165., Zoning, and. Chapter 144, -.
Subdivision of Land', by revising all waiver opportunities contained within these two chapters..
These 'revisions will ensure that all waiver opportunities are authorized -by the appropriate
approving body,, either the, Board of- Supervisors or, the, Zoning. &;S.ubdivi'sionAdministrator.
Action — Recommended Approval
Deputy Planning Directot;-Michael T. Ruddy, reported :that the staff'.has been asked to
review all waiver opportunities ':contained: within the zoning land subdivision ordinances: Mr. Ruddy said
the review of these waivers is due partly to the fact that.staff has been informed that the Code of Virginia
,does not allow 'the Planning Commnission to approve deviations from -the ;ordinances; these are only
authorized by the Zoning, & Subdivision Administrator or the. -Board of Supervisors. Mr. Ruddy said this
review will also ensure that the approving -body for each waiver opportunity is:appropriate.
Mr.. Ruddy said the, -Board of Supervisors :directed the staff to forward this item through'
the public hearing process following ,a discussion at tlieir July 25, 2012 .meeting. He said this item has
three attachments;; 1.) Current Planning 'Commission Waivers; 2) Current, Bo,'ard of Supervisors Waivers:
and 3) Current Zoning & S,ubdivision Administrator Waivers. He commented that ::with- each- waiver., -the
staff'has ensured the app_ lications, thar.must be reviewed by the.Board of-.Supervisors, or waivers that have
the potential to impact surrounding.�pro.perties, have been changed to show Board waivers; applications
that only require administrative .review :and approval have been changed to 'show Zoning & Subdivision
Administrator approval.
Mr. Ruddy pointed "out one particular waiver in •Attachment.1, Page 10. He stated the
DRRC .(Development Review &; Regulations Committee)Tecommended' he removal, of this waiver which
allows for reduced setbacks in the `EM. District for excavations .adjacent to .residential dwellings. Mr.
Ruddy said when this particular waiver' was discussed, there were no strong feelings by either the
P,larining, :Commission, or the Board of ;Supervisors; •however, as it lis brought before the .Planning
Commission today as a public hearing, he wanted to make sure the DRRC's recommendation was
recognized.
Chairman Wilmot opened the public hearing and called for citizen comments regarding
these proposed ordinance amendments. No.one came forward.to speak and Chairman Wilmot closed the
public comment portion of the:hearing.
Commissioner Oatesxecalled from the'DRRC.meetirig, members were unanimous in`the r
recommendation to remove that particular waiver from the EM District. 'Commissioner Oates believed
`the Planning - Commission should pursue this and ;recommend to the Board of .Supervisors that 'it: be
deleted.,
Commissioner Thomas agreed with the 'recommendation by the DRRC, for the .EM.
(Extractive Mining) District -. Comm issioner'Thomas believed there needed to be a geo -tech analysis at 50
`feet and-it-'should riot be, based on's ght oraandscaping.
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.Upon,a.-motion made by Commissioner Oates and seconded by Commissioner Thomas,
BE -IT RESOLVED,. that 'the Trederick County Planning Commission does 'hereby unanimously
recommend approval, as presented of the ordinance to amend the :Frederick County Code, Chapter 1:65,
Zoning, ter 14
g _ and Chapter 4, Subdivision of Land , by revising all waiver opportunities contained within
'these -two chapters and to ensure that all waiver opportunities- are -authorized by the appropriate approving'
body,,,eitherthe Board of Supervisors or, the; Zoning & Subdivision Adm'inistrator; with the exception of
removing the waiver of-reduced setbacks in the EM (Extractive, Manufacturing),.
(Note: Commissioner Madagan was absent`from the meeting.)
PUBLIC'MEETING
Rezoning Application #06 -12 of Willow Run, submitted by Greenway ..Engineering, to -revise f
proffers: associated with Rezoning #2'1 -06:, This revision. relates to the transportation erlancements
section of the proffers: The properties are located east of Route 17 and 'Merriman'& Lane (Route
621), north of Cedar Creek Grade (Route 622), and south-gnd west of the City of Winchester
Corporate,Li'mits. The properties'arefurther identified,with P.I.N.s 53 -A -90, 53 -A -91, 53- A- 92,53-
A =92A, 53.= A 79,2R, 53 -3 -A, and 63- A -2Aan theGainesboro Magisterial,District.
Action— Recommended Approval
Deputy Director - Transportation, John A. ,Bishop, reported this application. is considered
to `be a minor proffer -revision under the State Code, which is why it is a. public meeting item and not a
public hearing item. Mr:. Bishop said the request is to modify, proffer "s ,specifically-related` to the timing of
certain transportation improvements (the interchange at the extension of Jubal Early Drive and Route 37)
and proffered .land (a five -acre parcel) for an aquatic center.
Mr. Bishop, said the current proffered B2 ;language states, "The; 5 -acre site shall be
available to Frederick County for a period of five years beginning calendar year 2009 from the date of
-final non- appealable rezoning approval:" 'The proposed proffered: B2 language states, "The five -acre site
shall be .available to Frederick.Courity. for & period of three years beginning in calendar year 20112 from
the date of final non - appealable rezoning' approval." Mr.. Bishop reported the current proffered D5
language dealing with the construction timeline of the'interchange.states, "The applicants shall commence
_ construction of this improvement in,calendar year'20,Y2 with completion. no later than calendar year: 20;1.5,
or completion. no 'later than the issuance of the 600`h building_ permit, ;whichever occurs first." The
proposed proffered D5 language states, "The :applicants shall.commerice construction of this improvenferit
$in calendar., year...2017 with completion;-h& later than calendaryear 2022" or completion no later than the
`issuance of the 600`x' building permit, whichever occurs. first."
Commissioner Oates" noted that Merrimans Lane traverses through this. property. He
commented that if the County decided to use this: land for an .aquatic, center; .they probably couldn't ,take
possession of it'until''2022, after the road improvements are completed. Mr. Bishop replied the County
cannot take possession :until it °is: no longer a UDOT right -of- -way; VDOT will not give that: up until it is
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Minutes of September 5, 2012
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no, longer needed for a road., Commissioner Oates expressed :concern about, the seven -to -eight year :gap,
not knowing if the transportation.improvements will occur.
' CommissionerThomas, commented' that, the de'veloper•is expecting the County to make a
decision before any construction starts: He; questioned the wisdom.oftaking °the land and not knowing for
seven years if construction. will occur. He believed the two time frames should be more compatible. Mr.
Bishop remarked that. the Parks &: Recreation, Department requested a 20.17 deadline for determination;:
however; the applicant did not choose to do that at this time.
Chairman Wilmot asked if the movement of-Merrimans Lane to the east would take place
.at the same time as the. construction of:the interchange or if,they were separate events. Mr. Bishop
expected them to be closely; related, He said if there was project phasing, he thought:Jubal Early could be
brought to the new Merrimans location and continue south before the interchange, although he wasn't,
certain how it would be done. He said as the county is considering all the transportation improvements
together, there should be a:9 y 'ffibiotic, relationship between all the connections as they go in. He
commented that the interchange could notbe put in without moving Me"rrimans Lane.
Mr. _Evan A. Wyatt with ,Greenway Engineering was :representing the Willow Run
rezoning application. Mr. Wyatt said the request before the Commission. is strictly economically driven.
He said there has been no activity with this project and 'to start a, new interchange at this juncture is a
hardship for the applicants. M4i :Wyatt 'said two previous' proffers have :been completed: One, the
dedication, of right -of -'way to.VDOT;for the ::interchange area by! the end of 2012 has been performed and
removed; and two, the,, commitment of a $25,000 cash payment on - a four -year basis to the City of
Winchester, t6taling.$100,000, has been satisfied and removed.
Mr: Wyatt noted there is a date issue with the Frederick County .Parks & Recreation
proffer-for the dedication of an aquatic center that needs' to be revisited. Mr. Wyatt said with the initial
rezoning, the County was interested,in constructing an aquatic center in this area;:however, over time, and
through updates of the County's C.I.P;, the desire for the indoor aquatic "facility is now described as an
eight -acre site. Mr. Wyatt said the only land bay the applicant's have of that size would be across the
street in an area that was proposed for the commercial area. Mr. Wyatt said they were in contact with
Parks & .Recreation to find out•if they were still '. interested in constructing an aquatic center in this area.
He said the Parks, & Recreation would like . to see thetime line, continue however, the applicant. sees this
differently.. The applicant believes it would probably be better for all, parties involved to use this, parcel
for economic development purposes. Mr. Wyatt xeported the applicant is willing to provide. the Parks &
Recreation Department an additional year to make,a determination._
`Some members of the Commission perceived an incompatibility with, the time frame
between the applicant's proffered availability of the- five -acre site and the construction of the
improvements for_ the,interchange, and Merrimans Lane. he revised proffer would give the County from
2012 to. 2015 to determine whether'to take advantage of the aquatie'center site;'however, it would give the
applicant up to, 2017 to begin construction and until 2022 to complete construction. of the interchange
'between Jubal.Early, Drive and Route 37.. The Commissioners were; concerned about the seven -to -eight
year gap. of not know ing if the transportation improvements would even occur and there 'was lengthy
discussion on this matter.
Mr. Wyatt noted the relationship between, the interchange and the development of the
aquatic center is not necessarily, dependent upon each .other. He stated the property could be accessed
through the relocation of Merrimans Lane, which traverses the applicant's property. Mr. Wyatt stated the
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Minutes of September 5; 20,12
intent was to seek' a dialogue as to whether °the County wanted to pursue the: five -acre site: for an aquatic
• center in'this' area, or df they preferred-to have an 8-12, acre site, which is what the Parks &;'Recreation
;Department has ,indicated in the 'C.I:;P., the th'e large; commercial, land bay across the street would have
to be :used.
•
Questions were ;raised. by Commissioners about whether the applicant would be able, to
meet, his proffered minimum commercial area, ifthe larger land bay was used .for an aquatic center; and,
in addition, questions concerning the; broader implications for the land use program in this area, other than
just. Merrimans Lane, were also.raised.
Chairman Wilmot, opened the public meeting for citizen..comments. No one came
forward to speak and Chairman Wilmot closed the public comment portion ofthe-meeting.
Considering the revised proffer allowed Parks -&: Recreation three years to decide on this
site: and most probably eight to nine: years before the County-could. acquire the site, members of the
Commission felt more comfortable with the revised proffer.' A ;motion was made by Commissioner
Kenney to recommend approval of the revised "proffers as presented'. This motion was seconded by
Commissioner Triplett°and unanimously passed.
BE IT RESOLVED, that the Frederick. County Plannirig.'Commission does hereby recommend approval
of'Rezoning Application 406 -12 of Willow Run, submitted' by Greenway Engineering, to revise -proffers
associated 'with Rezoning, #21, -06; dealing with the transportation enhancements section of the proffers.
(Note: Commissioner Madagan,.was, absent from the.meeting.)
OTHER
CANCELLATION OF THE ,SEPTEMBER.19, 2012. MEETING
Chairman Wilmot announced there were no pending, items for the Planning
Commission's September 19 meeting.
Upon :motion by Commissioner Oates and seconded by Commissioner Kenney; the
Planning Commission voted unanimously to cancel the ,regularly scheduled meeting on September 19;
2012.
Frederick County Planning Commission
Minutes of'Septernber 5, 2012
I,1 1141-11 ti1 UV kI I1
No further :business rem_ ained to be discussed and by a unanimous vote, the Planning
Commission adjourned at 8:45 p.m.
Respectful ly;submitted,
Jun . Wilmot, Chairman
R. Lawrence, Secretary
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