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PC_11-07-12_Meeting_MinutesMEETING 1VIINUT_ES OF";THZE - r ERICK; COUNTY PI ANN FRED ;ING' ,C:OMMISSION The : meeting:was -held in the.Abard Room of the' Frederick'County Administration Building at 107'North Kent;Street'in Winchester` U��rgii;ia on November 7,, 2012. r. .r PRESENT: June M'. `Wil'mot,, Chairman /'_- `Member 'at..Large; Roger: L. Thomas; Vice 'Chairman / Opequon Di'striet; 'Bran: Madagan, Qpequ'o District, Gary R. Qates Stonewall District; .J.' Stanley, a Crockett, Stonewal_1 D�str t; Lawrence' R Anbrogi ; Shawnee District, :Keuin W Kenney, °Gainesboro . District, Charfes 'E., Triplett, Gainesboro; District, Gr eg L. Unger,, Back' °.Creek Distnct;,'Kevin , . Crown;. - Commission Liaison and�Roderic � ty , y � Wnche "stei= Planning Back Creek.D�str�ct; Chri`sto her,M Ivlohn; Red Bud �Distncf William�:(Bi l �) W, iley, , k B Williams_ Frederick Coun . Attorne. . ABSENT: II. Paige ]Vlariuel;,Shawnee District; Philip E.' Lemieux, Red Bud District iSTAFF PRESENT: Eric :R., Lawrence , Plannin Director; Michael 'T. T'. ;Rudd, De u .` Plan�iin �_... g.: y� ph .g. = `:Director; aid Renee' S. Arlotta, Clerk. CALL TO ORDER &..ADOPTION rOF'.AGEN'DA, a Chairman Wilmot called -the ' meeting to order i- 7 00 p m;: A motion was. .made by w .. • Com1171SS1o]ler .O.ateS to adopt the a enda for.this evenm C�s meet)m g : as: resented. This notion 'was wconded.by"Commissroner Thomas and unammously,passed: - COMMITTEE REPOR d •• 'Transpo•riation Committee ;10/22/12 "Meeting? Commissioner 'Oates reported' ihb Transportation Committee •had three items on atheir agenda The fir st „`the Capital ,Improvements Program, (CIP), is 'bemg forwarded ' the Coinpro - risiye Plans & :Programs: Committbe The, second' 'item;, the Route. 522, South Study',', which is supposed :to diverge off and go towards Route S0 and''around the lumber yard „=was :discussed•, however; rthe State is commencing a. study-of• that entire Transit area; which will take up: to five,to- six years to complete., The g pp .. * 'Roadways in the amount of t$l�rd `intell,o iscussed wasa Revenue Sl'arm A l�cat_ion for; the Russell .1.50, Frederick Coun Llaiimn C'bramission Page 2909 g,' Mini tes;of November 7; 2012 ° nservation Easement,Authority {CEA) — 10/25112Meeting Commissioner Triplett;• re ported, that the CEA v,.iewed adocumentary entitled; "The.Last> Crop," by Charles ;Schultz. Commissioner Triplett said the independent film examines one family's .mi "ssion to: preserve their. small working farrri, in California with `the;, pressures;• of development, and the assistance they may be able to get through, Conservations Easement Authorities. He said the film was about 75 minutes long;, however, shorter versioi swill 'be made available•,to • local "people interested in " viewing the film. Develonment;Revie'w & Rezulations Committee (DRRC) — 10/25/12 Meetin Commissioner Unger ,reported on four items that were: discussed at the DRRC ,meeting. The first was a, discussion owrevisions to the 'Zoning Ordinance- to revise the Master 'Developmeni Plan- (MID I P) review •and submission processes. Hey said if a MbR meets all ordinance requirements,. the staff will administratively approve the MDP . and. the Planning Comrriission and Board will see 'it for' information only. The,second item :discussed was fall grass' in the commercial and' industrial areas. It was determined that problem. issues were occurring in'the BI and.B2 Districts, rather than the industrial parks.. -The third,itemT discussed was a.m nor revision to I the RA (Rural Areas) Setback.Reductions to remove a waiver opportunity which allows the.Board of Supei visors to modify setbacks:; The fourth item discussed was a Zoning Ordinance revision to remove "the requirement that, R5 communities must be "age- restricted communities'" to- qualify for °private streets. Winchester Planning, Commission Winchester P.„ arming. Commissioner; 'Mr. `William (B'ill): Wiley, reported that the City Planning Commission is. working,,on:a rezoning of'7.74 acres of land along,Cedar Creek Grade°from R01 to High- density residential for an aparttrient`complex across the street from Harvest Ridge. Commissioner Wiley . said the Commission has requested that, a traffic; study ' be; done. In addition, the Planning Commission has enacted a new artie'le. concerning drop -off boxes within -the City. He said that basically, fhere'are issues involYin'g• out =of- area, "for - 0rofit "5groups,`which _have been benefiting from these drop -off boxes. and the City is.trying to assistthe local community "iron- profit''- groups. .APPOINTMENT OF _ COMMISSIONER KEVIN KENNEY AS NEW LIAISON TO THE WINCHESTER CITY PLANNING, COMMISSION Chaff "rman Wilmot, announced the' appointment of Commissioner Kevin Kenney as the new Planning Commission Liaison to the WinchesterCity Planning Commission. - ' ty - _ ' `Pa e 29.10. .' Frederick,Coun Planning =Commission g Minutes of November 7,.20,1 -2. 3_- • CITIZEN'COlVI1VIENTS Clairman.Wilmof called for citizen comments, on any issue no on this ,evening's agenda: No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. . PUBLIC HEARING An- ordinance to amend the `Frederick.County Gode, Chapter 165, Zoning, Article VI, Business and Industrial: Zoning.Distr cts, Part. 608; EM (Extractive Manufacturing) District- Section 165 - 608.05 ''Setback and -Nand Requirements. This amendment will eliininaie the. waiver 'o pp this section'. of the code. A - ti:oi�,= Recommended Approval Planning Deputy. Michael, T `Ruddy, reported that this is: a straightforward .item 4 that cleans up the waiver modifications that were recently- completed. M; Ruddy recalledAhat the�waiver modifications granted by the ,Zoning; Adininistrator, ,the Planning Commi "ssion., and the Board of Supervisors, were reallocated through the County's Zoning and Subdivision Ordinances. He said this was a disposed 6'f by'Ihe Board of Supervisors !at :their. September 26, 2011-meeting However; .due; to an advertising issue, one section of waivers,, Section 165- 608:05; pertaining to the EM, (Extractive > Manufacturing) Zoning District, could, notbe approved that evening. Mr. Ruddy "sa.id this particular section has been re- advertised and is being`presented to the Planning Commission this evening as a public hearing' item. Specifically, the waver' opportunity that allowed. excavations to be closer than 2 '00 feet_' from property zoned RA, RP, R4;.or MH- l;;and any dwelling, or platted. residential- subdivision; has been eliminated:; : . Chairman Wilmot opened' the public" hearing and called; for anyone who wished to speak regarding this ordinanee change„ No one came forward to speak. and Chairman Wilmot closed the, public comment poriion of the hear,ing. -' No issues were raised; by any of'the members"of'the Planning Commission. Commissioner" Thomas made a motion to recommend 'approval of the 'ordinance amendment as presented,. This .motion. was seconded 'by Commissioner Mohn and was. unanimously 4: passed.. BE IT RESOLVED, -that 'they Frederick: County Planning. Commission does-.hereby unanimously :recommend,approval'.of an ordinance. to amend iheFred_erick County Code, Chapter I65 Zoning, Article. Vl; Business and Industrial . .Zoning Districts, Part 60,8, EM (Extractive. Manufacturing) - District, Section 165- 608.05" Setback and Yard'Requirements. This amendineiit will, eliminate the waiver opportunity -ill this,section of the: code: , .(Note: `Commissioners Manuel and Lemieux we're absent from the "ineeting.) . Paae 291.1 Frederick County.Planning,,U. mission Minutes of November 7,.20Y2' 4- (omp ro,hensve P6 icy�I 7 i Amendment, CPP A qn y C ollege(LFCC),I CQnm -Ser a,,(SWS�M'. A .request lbyLFCC to include, land owned 'by MiAdIdown, Sewer ,& Water. yice� Are the,LFCC`,Fou`idation frt" o he SWSA to.,enable the pto iIsion o pu e,Waf6r-and sewer initiated, proposed ' amendment; The, resulting, amendment . p e, th - establishment of the ` "Middletown,/, Lord Fairfax SWSA: that encompasses LFCC and, the -,adjacent Middletown, Elemen ary...Sch:9611 and an,, institutional l'land -use, designation Jor the area; Water and sewer would. nii . eto be, pro the 'To_ MiddleicOn and Ahe� Cii(�,,'6f'Wjnchest:er,, respectively: conii, , � _ E_ 1 11 11 1 - - -ectiyely' * . , The parcels Included"in th e �Middleiown/Lord�FAitfax,SWSA�are:�91-A�100,'91"A -99B,,91 -A-99,91-A- 99A, and' 91-A-78A: Action -Recommended Approval` . d identifying the area north PLainin'g -D, ut Dii3Odtqf_;Mi'ChadI T.Ruddy, displayed a Map ri of,Nliddletown, just Wes of'14,1, ;'and' east of'RQqte'-Il which `has lbben established as the Middletown/ 'Mr. Ruddy,' said thi& is inresponse to a, request by Lord Fairfdx'Sewer.,�and Water Service Area (S,,W..SA). Community Coll i�gb,;(t-PC�,C.,,),,,t6,inc'liidetadj'ateftt,pareels.ih .order to Utilize, �public, water the Lord, Fairfax. s T&fh 'd campus; - 'He-said this amendment to 'the Comprehensive `Plan ewer eir expan ing -is prop includes bot11 the; map and text which describes ,the insfitufibrial nand use, the transportation components; and generally describes-,th6.Qpefafi6n in and around the�cornmuriity c011e ge. ftation Authority (FC-SA) Sanitation Mfr Ruddy commented. that although the Frederick County f SA;; iii"this has the .primary respon§Ibil'ity-.o -providmg-wdter-and sewer ib.Ffed'eric tVahty-within the SW SA,. M pfodds,�he�sc*Ot.'�.-Or;i�e. to the college; this tbwi provides the water. s H, area; ,,qtid the -Ciiy'df'Wiifdh'egiot-.Pfov,- .-ervice., , .--e! s4i,j:tjjis,,qrea, consists of five properties •. totaling, 13 0 acres and includes, t_he.,LFCC Foundation property iand,,the adjacent,Middldtown Elementary School. Wilmot open caring 4pq-Zatled for anyone wishing to speak. an I�mo opened public, I'i regarding this Comprehensive policy '- - Plan ~,Ainendmentw(CPPA). M 'Cht- . is� -ial.and Administrative Services t., -E�oies, ic&YfosidI6nt ofthle Offi,ce�& Firianc 'for LFCQ carn: forwardto addres'sjhe C . omi-riission. Mr: Bo'les, brought a,display showing the proposed, ur i- Id house the camps project, 432 studeift union `building. He said the proposed, b'*I'd*'n,g would ;000 sq. ft� .�sp`ace�. Mr. Boies said it is a 'bo k, of.e; ,f,�odservice�,;a,fitnesst�ehtdf-,, o,cldssrObms, and some office' 0 store; mucli I i*eded,additioii to the -q'qrnp"-uJ' stitted.1hatLFCC has grown over 3`5% withiln-the last three,years. college, in Vi ri 'rgihid. id, the student. enrollment is Zastlsp�ing,, LFCO was thp�., fastest,,growing �community co o to :State f6nding issues, they werb-ble,to 7,30 studentslhis semester-. Mrj� Bores added:that �due a over 0 -. ng . to get the Lifffize, the :Foundation's pr.6pertyy'f6r the 1proje�dt, and will so use some creative financi PTOJ 'eadone, the hearing. No bhbilelk wi-shed',to speak and Chairman W11-i-ri,of closed the citizen comment portion of Cdm­ ffiission i-neffibers, were very1muc ih. infdvor of this pr ject. No issues were raised. Upon motion: made' by! (2bmmissi'oner Unger and seconded by Commissioner Cro.sen, Minutes of November `I,'201I'. Page 2912 ., t BE LT �RESOLVED° that t ; ,t. ° the .Frederick County Planning , "Comrnissi'on. does 'hereby unanimously recommend; approval 'of Comprehensive ,Policy Plan Amendment,; CPPA #01 -.12 for °the Lord Faii;fax y ,y Communi ty{College (LF.CC)/ Middletown;Sewer & �Vafer'Service:,Area (SWSA): A request.byfLFCC ` to include,`1`and owned;bythe.LFCC Foundation into theaSWSA to' enable,the pro�isions'of publ `c,water'and'. t sewer initiated this propose d :amendment The resulting amendment proposes> the , e' tablishment of °the I Middletown/ Lord _Fairfax_ SWSA which encompasses LFCC'.and the adjaeent;Mi=ddletown Elementary. Schoof with an, institutional land use •'designation: for the area. „ Sewer 7and'water would' continue. to be prowhied by',the Town ofM�ddTetown.and the ,City of Winchester, -respect' ively. The parcels included, irr the.Middletown/ Lord Fairfax- S�S,A are 9:1,= A- :100,,91- A -99B, 91� -A1 °99,,91 A =99A; and 91,- A =7.8A• (Note-.­ Commissioners Manuel and Lemieux were absent,fr.om the meeting) COMMISSION DISCUSSION ANNUAL' REVIEW. OF- 'THE_PLANNING COMMISSION BYLAWS ,AND THE RULES ,& REGULATIONS' - Plan nin,g,.Director, Eric R: Lawrence; reported ,,ihat they Planning .Commission's Bylaws direct an annual review ,n November of `the By,.laws. Mr. Lawrence said' he Was aware �of one modification needed in Article'VI, Commission Meetings, Section'6 5', "Work Sessions shalh`be held at ,.the .,adjourninenf ,o'f regular: meetings ,or�. at the time; and place. sett by the �C,omiriiss on!' ,He said this y - " sfatemeni- could b'e�:amet ded by :simplyaddin-g 11 and /or the B,oa:rd'of'Supervisots'." 1VIr./ Lawrence said if there are;any other. comments; corrections, :or :concerns .from the Commission merribers ;. please a;et, the staff know before the. Commission s December 5 meeting and the staff,will'bri g, the bylaw "s back'to the Comrnissior'i'n.January for adoption: OTHER, CANCELLAT ION ' N`OF THE::- NOVE'MBER.21, 2012 1VIEETING . Chairman Wilmot; announced' ;there were ,no• ' °penditmg items for the' Planning Commis_sion'sNpvemb' p2jj 20'12, meeting. Upon motion made by ^Commissioner Thomas' and seconded' by Commissioner Oates; the g, . - ° meeting. „ PlannmY Commiss _ k. y �on.unannnousl . voted�to 'cangel`th'eir�No�erri_et, i 30 1 Frederick-County Plammng,Commission Page 2 ;3. Minutes of November 7, 2012: PLANNING COMMISSION WORK'SESSION WITH THE BOARD OFSUPERVISORS Chairmaix Wilmot arinounced;a'Planni_ng Commission Joint; Work, Session with, the Board of Supervisors prior to. the ,Board's regularly ,scheduled meeting.,on November 14; 201'2. She said the work session will ",,start ;at 5:30' p.m Chairman Wilmot ,said .'fiat, revisions to the RP (Res d`ential t Perfonnance)`'Zoning 'Distr -i'ct and setback requirements for ;.accessory ,structures `in the RA (_ Rural Areas) District will be discussed. :ADJOURNMENT No.further. business remained to -be discussed and upon_ motion by Commissioner Oates and second by CommissionevThomas; the, ihb6tmg adjourned at 720 p.in: by a'unanirrmous. vote., Respectfully subnniftdl fie M. ilmot; Chairman Erie t:'Lawre_)r)ce,.Secretary 10, x *. ;Eredenck County Plannii-g,,.Commission Page 291,4' ht tes•of November 7,.2072_ :"