PC 09-18-13 Meeting MinutesMEETING MINUTES
OY THE
FREDERICK; COUNT V'PLANNING,COMMISSION'
Held' m the Board Room of the Frederick County .Administration _Building, at 1.,07 North. Kent Street in
Winchester; Virginia on September l8; 2013.
PRESENTk Roger L. Thomas Vice Chairman/ Opequon`District;, Gary R. Oates, Stonewall District;
J. 'Stanley Crockett, Stonewall .District, Lawrence R Ambrogi.:Shawnee. District; :H Paige Manuel,
Shawnee District; Charles' E Triplett, •Gaine§boro District, ;Kevin ;Kenney; Gainesboro. District; Greg. L.
Un er Back Creek District J. ;Rhodes Marston, Back Creek District, Christopher M: Molm Red Bud
District Charles F -. Dunlap, Red Bud District Roderick B;: Williams County Attorney, Robert Hess_,
Board of;Supervtsors Liaison; and Martha Shiekle; Wmchester,Planning.COmmission Liaison..
ABSENT: June M. Wilmot; Chairman /Member at Large, Brian M' agan; O,pequon District
STAFF PRESENT:. Eric R. .Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning
Director; John,A. Bi "shop,.Deputy Di "rector =Transportation;,and Renee. S.; Ar_lotfa,. Clerk.
CALL TO' ORDER
Vice Chairman''Thomasicalled;the September 18; 2013. meeting; ofthe'Freder-ick County
Planning Commisston to order'af, 7:00 p.m. Vice Chairman, Thomas coinmenced'the, meeting; by inviting
everyone tqJ'oin'in. a moment of,"silence.
AD.OPTION OF AGENDA, .
Upon motion:, made- by Commissioner" Oates and seconded, by Commissioner Kenney, °the
Planning Commission ,unanimously adopted the agenda "for- this evening's meeting.
Minutes
l;d i g Commission
per 18, 2.Q,13.
COMNUTTEE REPORTS
Comorehensive Plans &..Prog-kiiiiis'Coniihiftcie(CPPC),-= 8/26/I3 Mtg:
Commissionbf Mohfi 'reported the OPC discussed bublic, facilities and the 2030
Comprie"Ji ensive Plan. He said; the committee also discussed the, Southern, Frederick, Area: Plan, and.,
0-attic-u l''a'-ri-y- di-sc:'-u's§dd the upothin' 61 for Wednesday, September 25, 20,13gpublicinputsessionscheduled
at,70Wp.X.,atjhe Aylor Nfiddle:' School..
Sanitation Auffiority (FIC 143 Mtg9A) --0 1-. V
Commissioner ,,Uhg&t gave the fQ110 ing, report from tKb:FCSA- -Total customer base for
water 1'3 °;875; customer bAk.rfor- sanitation is 13,394;.IhoAifference -from .`last quarter 4s up by 49, is
Tainfall for last month was 2.,6-6iii'6be's',.w.b'tchis, down fr6m.ihe- vlou&mon'th,Avera' thly—raffifallprpge, mon
is 3.64. inches, the Diehl Plantprov"ided 2.29m o, the Anderson Plant. provided 2.3m d- .-82mgd was
purchased liOn-1he.0 i ty of Winchester- verageDaily -Usoi'ig 5.4*5ffig d hich is 'down somewNit, from
atibrf,E it e,Di hiPlqnt,deoreasedb"ao upi'-,fe whi' is,norm6l for thisthepreYjbu§ftfonth. The 6lev p et ,, chY,
time, of - year;' -a, solid reading was, not: available from the Anderson -Plant;, and flows ,ffomthe' --Pafkins Mill
Plant- were. average or a, little. -406,. R.P. Hood ,is, expanding 'with ,;a U: inillion, facility; but is still
iafift a's wqr And water contract with the Sanitatibn Department Vbmuk their facilityis releasing
more phosphate 'than '.the. plant .can handle. They anticipate getling this: issue resolved' within the ;next
month;
Winchester Planning. Commission .;9/17/13 Mfg.
WiL
ncheftet Pl Annng.Com mission Liaison" %,'Matia.Shi6kle; r6pored.the Winchester
Planning C-omrmssion'ha:d two items of- discussion. The first item was a, rezoniogat 317 So.uth'Qameron
Street,;more.commonlyknown as".ilie; OldJail," and was recommendeoll6r, approval, to the City Council.
T uff ' . sequi the second.itemiRRldp*
Eis an 'initiation of'a text time line fotj4blingyvzoning ests. This item will
be brought back to the Commission, nextamonth ,for apubl` hearingring.
Development Consults' Committee,
Commissioner Dunlap, reported the Development, Consults Committee (DOC) completed
its firstIA s 'ks. T here were goo d number of'tes:pondents on the various questions o n implementationthe
He said those questions have beenof :the stti,COn ers and Traditional Neighborhood ;Designs
the kPfanni g Dep4rtMqnt will forward those to the Board of Supervisors for the nextcompiledand` -- ... - - -.. n - - - -
I , -
planning. workshop.
Minutes of September ;18, 2013'
m3_
Citizen E6iuftientst
Vice Chairmahr'Thdm.as called f6r citizen dbrffffieht§; on any subject not currently on; fhe
Plahniog'CO issioft's agenda;; 11P & f to 66dk.and 'Vioe Chairman Thomas closed the1 p ,came forwardn
c-iti.ien,cominprits., portion of the, meeting,
KJBILICHEARING,
Rezoning 004-13 of The Dve4664,submitted by Greenwa 'Y Engineering; Inc., to rezone 55.46 acres
AgN 110 4."-1_4A93+ acres frbnir RP fReg idential Performance)' pisteict 0 RA (R urgl'Aregs) District_;
acres Cr,ogi,ftP,,(Re id&titiilPerf rifi a is I7.0-9 nce) District io)IJ2 (Business General) D' trIct.; 10'040+
I Perf6rinance istrict--, and 24.'145+ acresacresfrom _RA Rural Areas),Districf4d,,RP (Resi&
htit
A RPtoT"n . ii '(Regidenfiati. or District with -Oedff6rs., The property is] on'thePerformance)
Jsouth side of'"Berr Jile''Pike(Rimte. 7 near and,ad joining, 1h'e,'-Vftlle Mill Road, intersection. They
propeiiies.,aiv further 'identified., with YJ-N: S:557A46,1,,I 554-,t6SA9 '55--A-166, 5_5=A7-167,55-A-467A,,
551A-i6g"_S54414A 55mAr-174 ,,55-A474D,,,aiid a portion.of'55- ,465. All parcels. are, within the
Red Bud; Magisterial bist ct.
Action, — R000mmended.Approva-1. with Proffers
Deputy Plainning Director, Michael' T. Rudd ;§tAted this property Was involved in a,
previi
us rezofting, the CA&iAft P,4rk,40`zb-filing, Which wa-s;a:pg'rov&d;b.y. the Board .of ;Supervisors back ;in0
2007 MrZRq'rd, d- y - said is is! 4 re d_kq-sJ"gn df chat .property, in addition to,a more. -thorough: ,packaging which
includes, surrounding 4r _Rtiddy.described the,:' location, as well ias existing, An.d.,sutrotitfdingproperties., N '
zoning., .Mr. Ruddy showed the Oeheralized,3eveloprnefit Pl6r -hh S'Droffered with this new
rezoning package; ,,pointing ,,obf",the -r6io(4iibff 2bf'Valley Mill', Road' asJt,rtfns1hrough the property and 'its
intersection with Route 7, as well as.ffie area, of commercial lah&mse and the tdsidentW Ian- d 64ys.. He
noted 'the, rural areas south and' east, of rdlocated Valley Mill Road wohic"h stitt-Dund the environmental
fedtur^es; Abrams ,C-'r-e"e'k,,:and the; 63-,isi,
lin91,
Vitli.e.y,M,ilI Farm, a,hi_storib_aI.4grJ1cqItur41 resource: in Frederick
Mr, Ruddy stated the . rezoning applicationitaii0h With its AP'And'B-2 doiOatibns On theNGDP is
Cbnsistent`%Athihe, County, Com-pr tisiV 11 q Frederick Urban Areas Plan. p p,la-,a.n..d,the\,Sense tiy/Easltl.mF
Mr, Ruddy , said-the` largest component.- of ',thi's application hp'tfafisportation improvements,, plication may well, be.
particul'aflythe r6Wation bf Valley Mill .Road,. He
lsd.
id it provides ;a better connection with Route 7; the
ilfinaie design right -of Wayfdr the connect ion. of VaLl e M ill- R ad,' and the initi al construction
of intersection, 6, Route; 7,and. Valley, Mill Road, and the ulti ate 'sectiOn,back: to the commercial
entrance." He saidif can =be easily said that the, trans-p-b- rtation, package
I
kAge wiffiL this project is Qopsjstent,o andTOJ
furthers ,Frederick .06tiffiy 's C6 mpre hen§ iVp Plan. Mr Ruddy ,said that many of the potential :impacts
have been addiessod with ke:prOffOr p4dkgge through a variety of methods.. He pointed out tWo,items to
be considered ihe,']),evefovmeiitfin'* utilize _20I2`vefsJifs 2,01.3mumbers!. the numberpact, Model Val
Fiederick,Cobnt.y.Plianning,C,oi-hiiiis9-ioii Page 3014
Minutes ,of 'September, L8,'201`3
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of public ,street :entrances `serving Pthe development. He° .coinrnented the applicant has proposed :four
entrances along, relocated: Valley ;!Mill °Road,< <as;opposed.fo the,preferred,three.
Mr. Evan A Wyatt, with Greenway'Engineeri _I,nc , introduced himself along with Mr.
Michael ,Lickman, who prepared, the :traffic study for ,the, rezoning, and Mr. and ;Mrs. Stafford; the
property, owner`s and applicants: Mr .yatt' b egan his presentation by talking about the history of this
project from 'its origins with the Carriage .Park` rezoning to' the, present. Mr. Wyatt- stated that since the
original °- rezoning,, Frederick County `has .revised'their RE'.and R4 ,,ordinance and' ,because, of'tl e' promotion
6f density;,ahe applicant`was, able to, do,;Sonie creative design, In, conformance with. Comprehensive Plan,
they, zreated' a commercial' land: `bay near ;Route 7; ;the portions c&the property- best suited for'residentiai
development" remain RP; and the properties which are `less; ,enticing for •residential development will be:
down -zoned 'to either be absorbed into the Stafford farm or'_other, portions dedicated to VDOT :for future
improvements
Mr. Wyatt said;.'the proffers, provide for the +complete r gl't -of =way for,the ultimate section..
of Valley.1Viill Road; the construction of Valley Mill Road `from its existing, alignment 'to .Route 7,
regardless of the: first phase of'development; the installation of a; traffic signal and, median; turn lanes on
Route 7, arid, °the full, section from the" signallo t he corrimercial land bay is to be constructed and will be
trartsitioned to a two -lane ;section with turn lanes for the reside intial;entrances., Regarding the concern forq
the number. of entrances :alonge Valley Mi11 Road, Mr. Wyatt .said' the distances; between' the proposed .
entrances are.SOOfeet; 65;0 feet; _650 feet, and, 700. feet. He said VDOT standards for access management
along collector roads allow 'entrances every 335 feet and with ,a signalized .intersection back to, an un-
signalized: entrance; VOOT requires 4.4;0 feet. Mr: Wyatt said they are;,actually entitled to place five
entrances by VDOT code falong the resi'deniial'property . He, said they did _not believe that was appropriate
and the distances' :between their'ent .4nces are.!actual_hy twice what`VDQT would allow ahem to do. The
proffer alsoq requires the entrances to; have turn lanes, so tfirough•. traffic ,along: Valley Mill Road Will not
be °:impeded by-turning, vehicles:
Mr. `Wyatt nextbaddressedlfie second of the staff sbcomments, theaissue of the use of 2:0;12'
valuest in. the fi'scat impact model'. Mr. 'Wyatt noted that when the rezoning package was; put together; the.
applicants were, concerned with :proffering the': full arnount, ofthei 2012 DIM wa'lues. One of the items in
an earlier version of the: profferstatementwas. the recognition of commercial credit with.development of
the:,' property. He said this wa" -,a• concern wiih staff !and „subsequently; ;after,.d scussion; the applicant
j removed their ability 'to ;gain they corn"rnercial credit: Mr. Wyatt "said the package was almost ready _ to, go.
in March however, a,proffer indicating_ the ;Board would support a revenue sharing° application for this
project, raised a concern. with they County Attorney M Wyatt. noted there are, less than 3.00: ;residential,
i units +'and,.only _about 3'5,000 -40 000 'square. `feet of commercial- use available: fo. fund a considerable
amount,of9road. improvements for the project; so assistance is needed.; He said' after- further discussion
with;the ,County Attorn_ ey, the applicant. agreed to .do, a separate 'document, Ito be- considered byIhe Board.
of, upervisors He explained it is basically a development agreernent stating what` thevapplicant, and. the
M I1rRoadlish wn lon the GDP.
Mrs
Wyatt. comment d thig arra gement
abandonment
ook some
timeortion
of Valley
to put, together,
which'is why they are, here this evening instead of'baek %i March when they coul'd,have :fled. Mn Wyatt:
added the applicant;is „notseeking,Value credit: for right of -.way provided or commercial development:
Page
Minutesvof September• 1'8,
Commissioner Unger said} he °`was; contacted by a resident ,along Eddy Lane who was
concerned about the" possibility of Jfis _,property°becoming; l'and-locked:* Mr. Wyatt: said Frederick .County
and'VDOT would like the, e-xist_ing median rem— oved'because the: applicants are introducing anew median
with a ,traffic "signal. 1VIr Wyatt said the, proffer comMits, to removing, the existing median as part of
development, however; it continues to'allow traffic coming, dowri,Route :7, to make a right4n or right =out:
He, said traffic heading: left; toward's tlieE City of Winches ter;' will need ,to go up a couple hundred feet to ,a
median °'crossing and make a `U = turn: - IVIr. Wyatt said the improvements will. not ,land -lock the :resident's
property:,
Commissioner `Kenney asked wha "t will :become; ,of the ;Stafford property. ` -Mr. Wyatt
replied the, property is zoned :agricultural; he isaid there "is ah existing; house, in which Mf. and ,Mrs:;
Stafford reside. wand rG is included on,'t1 e;State and NationaLRe "ster . He said their intention is to keep the
farm and"take the traffic burden away. °,from.the;front of their-'house'.
Vice Chairman Thomas, opened the -public hearing to' citizen comments And called for
anyone, who, wished to speak„ either in°favor or opposition, 'to :come forward. Noi one cam_ e forward to
speak and Vice..Chaifnian Thomas`.closed the public comment portion ofthe hearing:
Commissioner Oates ''remarked that the ..proposal for Carriage: Park back 'itr 2007' was
poorly designed, and ,packaged': ,Coinmi'ssioner Oates said' fi "e supported' this rezoning` appl cati'on because
it definitely'wasan improvement over the old version,
Comrni'ssioner," Dunlap said lie was not on the Commissi`ori, during the Carriage Park
rezoning back, in 2007, however; after,, reviewing. this submittal, ?he believed it, was a" vast 'improvement
offer the older version. Commissioner Dunlap,said- he liked lfie transportation aspect and the 'connection
to Route 7. He:thoughtthere would be:constderab °ly less enurronmental impact: He did not, have an issue.
withthe'DIM value that's been:proffered or the number of-entrances on Valley Mill Road::
Commissioner Triplett commented that'he', supports,this ;rezoning, application although" he
did nor -favor .the project submitted -back., in 2007. Commissioner TripletE`.al"so commented that' he
appreciated the time: the Commissioners had -with 'Mr. Wyatt to review this application.. He said it was,
very helpful; and ;he:was well informed .of the project inaime; for the pu6'lic Bearing.
Commissoner`lylohn made a motion to recommend.`approval. of Rezoning Application
04,'13 of The Overlook. This motion was' seconded by Commissioner .Dunlap, and was unanimously
t
passed.
1 BE IT IESOLVED, that the, Frederick; County. Planning .Commission does hereby unanimously
recommend approval of .Rezoning #04 -13, "of'The Overlook,. submi'tted by "Greenway.Eiigineering, Inc., to
rezone 55:46 acres as follows: X14:183± acr'es''.from RP (Residential Performance) District to _RA (Rural
Areas) District, 7.098± acres from. RV "(Residential Performance) District 'to 92 (Business General)
District; 10:040+ acres from RA (Rural A "real) District" to'RP' (' Resideential, Perforrnarrce) District., and
24.145 ±;acresoto remain, RP (Residential Performance) Di'strictwith proffers
Note.; ,Commissioners `Wilmot and Mitdagan were absent from, themeetiiig.)
Frederkk County Plammfig Commission_ Page 30 6
Minutes-of °Sept'ember 1F8, "20;_1'3
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OTHER:
SOUTHERN FREDERICK AREA PLAN
Deputy Planning ,Director, :Michael T. Ruddy, reported :the: kick -off meeting for the
Southern Frederick Land Use Plan.is scheduled for Wednesday evening, September 25, 2013, at 7:00 p.m.
at'the Robert E: Aylor Middle School, 901 Aylor Road.
CANCELLATION OF'THE PLANNING COMMISSION'S OCTOBER 2,2013 MEETING
Vice Chairman Thomas - :announced there were no pending items for the Commission's
October 2, 2013 meeting.
Upon motion made by Commissioner Oates and seconded_ by Commissioner Dunlap, the
Planning Commission canceled their.October 2, 2013 meeting by a,unammous vote.
ADJOURNMENT
No further business: remained to be discussed and a motion. was made by Commissioner
Oates to adjourn the meeting. T his. motion was seconded by Commissioner .Dunlap and unanimously
passed to. adjourn the meeting at 7:30 p.m.
Respectfully submitted,
Roger L. T; as, Vice Chairman
Eric R. Lawrence, Secretary
Frederick County.Planning- Commission Page 3
Minutes of September 18, 2013