PC 10-16-13 Meeting MinutesMEETING MINUTES
OF'°THE'.
FREDERICK COUNTY PLANNING 'COMMISSION
t
r
Held in the Board" Room. of the Frederick "County° Admidi'stratiorr Building 'at 107 North Kent Street'in
Winchester, Virginia on.October 16,.2,Q,l3-
PRESENT: June M.,, Wilmot, Chairman /Member at Large; Roger L., Thomas, Vice ^Chairman/
Qpequon District; Gary R. Oates; Stonewall District; J. Stanley Crocketf; Stonewall District; Lawrence R.
Ambrogi,, Shawnee District; .H. Paige' Manuel, Shawnee'District; Charles.,-E. Triplett, Gainesboro- District;
Kevin, Kenney; G'ainesboro District; Greg L:. Unger, Back, Creek District;, J. Rhodes Marston, Back, Creek
District; Christopher M. Mohn, ,Red-Bud District; Charles! F. Dunlap, Red Bud District; Roderick B.
William`s,, ,County Attorney; Robert - ;H'ess, ,Board of Supervisors ,Liaison; and Kevin McKaiinan,
Winchester'Planning Commission'Liaison
ABSENT: Brian Madagan, Opequon District.
STAFF .PRESENT: Eric! R. `Lawrence,, Planning D=irector;;, John. A. Bishop Deputy Diiecfor-
Transporiation; Mark Rc. Cleran, ,Z`oning; & Subdivision .Administrator; Candice E. Perkins; Senior
Planner;, and Renee S. Arlotta, Clerk.;
CALL TO ORDER,
Chairman Wihnot,called the'October 1,6, 20'1`3 meeting,of'the.Frederi'ck County'P.lanriing
Comm `i'ssion, to order at "T:00 p.m Chairman, Wilmot commenced "the meeting'by inviting everyone to
loin in a rrioment;of`silerice.
i
ADOPTION: OF AGENDA,
Upon motion made by °Commissioner Oates, and seconded .by Commissioner'. Thomas,, the
Plana ng$Comm'ssion unanimously adopted tbe agenda for "this evening's meeting.
i
Minutes of October l6;
MINUTES
Upon a m0tion rfia&by C,.ofyfmissionerO i,,'and,-Seconded by Commissioner Thomas, p
the Augusf 21 -3, the minutes, of ,,2013 ihg-',aifdtheSept6rnbef -,:01.,,in6etihgw6reLiiiahiffdtfsly
approved-as- presented.
COMMITTEE' IZEP-QRTSy
6113 MtDeveloyinent &:Regtil itions,Ci)mmittee(DRRe) q.
Commissioner Upgqp.repprtod the DRRC, discusspd height, requirements jn`the -EM, MI,
dhdMI-ZOningl)i§tricts. H& said'the, discussion of this tgpl'c,;took, place, :a month prior and was, taken, to,
40 ver-I wonted'the DRRQ. visit sorric.of the, itern s.. Afterth BOOM of Supervisors; ih& - Bdaf,-d
ffirffier discussion at their- September'26 meeting, Commissioner Unger said the DRRC'decided that-the
Board bf,'SOpervisors should approve - any height extOnsions, above I eirequired 'heights currently in -place.
Commissioner Unger said the "DRZE,41so discussed landsca r eqqi-r -n- He said discussiofs, Were
gdinvwell;.'however; the DRRC will reVis it,this topic again as well.
Sanitationn A- hority.(F.CSA) -40/15/13 Mtg.
Commissioner 'Unger, gave the f6flowing report 'from the FOSA: Frederick County's
Deputy Planning Director; Michael T „;', Ruddy; :aitonded,the t,§dniati o Authority's meeting to talk about
the NELUP (Northeast Land Use' 'Plan). J-1e + id M .' about ,a, Water line going: up Route] Isa., T.,Ruddy'spokle
and the' possibility, of taking-.that-Iline in -a. circle ,'to ,pick up a, new Jand use; ihe'FCSA was in. favor-of "the.
idea--., 06mrifissionef ,Unger .reported the Idtaf,custoffffbase i§,hOW 13;98,0, -an, increase, Of about 25-21.
Other to i-cs re- o rte d' were currentrdiiffill f6rlas f:ffonth was Jps i u- d.er,o-n --d inch. fl* previou& mont h, p
was 2.66 inhe ! the Diehl, ,Plant used,2.5mg4; ft Anderson-Plant used I. 'nigo, and,about. 84mgd, was
purchasbd,fr,6m i the City dfWiricliester' Ddily average was-,aboui3I8mgd with the previous month At
5.45mgd., The increase in use was contributed to,addhiondl hookups, mainly :ift the Stephenson area. A
1-3%6: leakage within the water lines was, reported and the F.CSA'is working to correct the situation. An
auditor's r i b w- .of the S' an idiion Autliot'ty 's books vas p Ostive and reported. the Sanitation Authority
was doing, a very,gpod job with the:bo-okkeeping. Lastly, the: Sanitation Department approved th& permit
fo'tH-;'P,,H*ood,.,qqa,,will allow them ,to hook up their new facility,.,
Coni0ftheirisiVelplatl§ &,P.rogr-alhs
I
C-0-M-ifiAttee (CPPC).- 10/14/
1
1J, Mtg:
Commissioner- Mohn- i-ppofted -the CPPC, discussed, public 6611ifles 'in the 2030
Comprehensive Plan;, thb.,addifibn of some;.drdft' language, and tfib Southern Frederick Area,Plan and
efforts to jasseffibl& working groups Pursuani'to the public input 'Moeting hold on September 25, 201.3. m - - - --”. . - , - . - - 2
Comt,ii.issioner'Mohn,be-lieved, therelwould be progress over theliext fi-Ve-to -s'ix weeks.
FrederickiCourity PlAnning, Commission - Page,',30,19.
Minutes of October 16; 20:13'
3-
Winchester Planning Commission - foasas mtg.
Winchester Plaftriihg, Cbffi:niissioa Liaison,,, Mn. Kevin McKahnan, reported the
ViricIfestOr. Planning Commissiori hadAhree, public hearings this nibrith., The -first ,itern: was .a, conditional
use permipermit, for the conversion of,,groun d-,06or, non: res'fdential use: to, residential use -along 1.1.8-1
1
24 Cork-
I
ofk
Stfeet,fijr a, series of seven to ,eight; apkrtmOnt$;, this was ,fdrwar did'id the fty. Council. The, second item9
vya s 'an ordinance to conditi-onal1v rezone,-7:7 acres of land at 940 Cedar Creek Grade from'Residential,
Office (lZI) w,,ith,corridor,etihati-cdment,,tbiB2with a PUJD'Overl4y for dsub§ta-htial development along the,
border of,Wiri7chosiler City -and 'F e'derli6k,:County. The final item was 'a,girrnpl'e text amendment.
Citizen. Comments
Chairman Wilmot 'calfed for citizen comments on zany subject not :currently on the
Planning Commission's agenda.And the .?following person, CaffieCfbrWded to ,speak;
to point out that theMs.. Becky iMorrison• from the Gainesboro District wanted
advertisement last we&16f the Transfer of . Develdpffieht Rights (T,01) stated; "Public Hearing" and
yesterday's., advertisement
I
stated; "Public Meeting:" . Ms:, Morrison, 'commented that sincence ffiesectwo
Avertis- ements.'are totally different, ishel.asked the Planning Commissibn -to, postpone theTDR,item on the
4gqnda until, it icould be properly advertised.
6
Planning Director, Eric R,Lpyrpne: stated the- legal qdy sement requirements were
met by the publication, ofAhe advertisement indicating a, "Public Hearing "' and appearing, twice within the;
local, newspaper for two co-figeObt'.iV,'e,weeks .,prilo-r to the Planning. Commission's meeting.. Mr ,Lawrence
said the d&,erfisement'indidatinz a " Public Meeti na" Was merely ,a d isgl qy 'adverti'semehtthdt°appeared.in
yesterday's paper.. It was? suggested thdt,the Commiss ion 7ho. d.,its-
lb
I
public ,hearing as scheduled this
evening, but action until NoVeniler 6,to,,e"nable the re- advertisement -of the TDR as,a public hearing.
P"EIV HEARING
Aif:ordinance to amend the Frederick,Comity Code to,,tipdat-e thejtA-ns.fer,6f. Development Rights;
TDR) Density :'TAIO4o ih'cludie :i p * igibor, n for contiguous lot's:and an addition; of a TDR densityYYCo
conversion, rate for receiving,,,properties.
Action — Tabled to November 6,:2013
Fr6deri&tCoun_t'y _,Plph- n _, ' ommission Page 3,06
M-inutes,of'.000bef, 16. t "20113
4-
Senior Planner Candice E. Perkins, reported thisi ord"' contains. three
T theseItems, with the; first being the I)ensity. able revisions, the' -ond is,the -Gontignous,Sending
Projp-ertie& Provision, and the ,third, is the Density Right C
A '
0hv-et§i6h ,Rate. - Ms, WPerkingproceeded
review.,,each: of the three items separately, with the Comm - ission.
Ms.- Perkins 'said the Qpnsi 'Table revisions. 'will' bring Ihe, TDR (Transfer of
bbvdopme'nt' Rights) Density maximums into conformance With, the adopted RP, :(Residential
P.&if6rifia:tice).,in6kiriiiiffis (based on ,housing lypes° and. Acreage) adqpted by the Board of Supervisors in
January of 201' 3. Secondly; t h :-TD R le,bqg been increase the RP whenen
Dg`s,for developi-nent.. The'tHir&.revision within the Density _y, Table is to increase the' RA fRural-,
permitted &-nigity"Usin TDR, s o e, consistent 2W-ftfi maximum RP .(Residentialeasmaximumpermi, ` t b9
Performance density u§ing.'TDR',s-.- NIst . Perkins said these revisibns:'sim 'ly make the RP and the, RA
comparable when developing Wit TDR&.,
Ms. Perktrt5,,pT(?qpedbd.io'ihp second revision, Contiguous Properties, " add she
I.. - _--- I . I -_
I -: -:' -_ - ,
she
exoldined. t4j's revision is to allow °ffie use oP contiguous parcels .f6r TDR transfers
parcel -may have State Road frontage; fit may meet all "the subdivision requirements; but,anothef adjoining
contiguous property under- the 1same 7 ownership. would not.. She. ,said ';this revision Id allow suchisionwou
typically jy pl ally 4, farm, in its enti.retvAo'be:in,cludc4 within, the TDR PrO2ram.
Ms., Perkins. next ,discussed-the Density Ri'his ConVe-r-sion,'Table. Shei said this revision
would "introduce, a,!convers'ion that would apply,to density rights bping., applied to receiving , iving p
The. c-Onversidn.wGuld -be placed on the type ,of housing unitbeing,developpd on the receiving property,
which Would be,• either 'si)gl&44,ri ly- detach'e'd,, single-family attached or,mu,ififaffifly. Ms; Perkins,
ref&red-ihe Commission to Table 3 in' the ,,agenda ,package and explained the, conversion rates for pach of
the three'housiiig: types. She said --this, is based on•the figures in the- Development Impact,ModOl,, which is
model thdt d,torm--in,-e-s-'h-o.-w,-,-,tn--tt-cb each tyge.cifd vllinguhh2 siek ed to contfibute,16 offisefth.e pf J
impacts. She noted this conversion -factor, will make 'TDRS a Viable option no matter- what type of
development type is desired.,
W. Perkins prpvidOO, 'a history 'of the discussions that :have: taken place on this
amendment, by the DRRC. the ;Planning, C on, and the Boar&of Supervisors, She said thips
evening, the staff ig seeking ;:a recommendation from "the Planning, Commission, to send' to the Board of
Supervisors.
Commissioner, Tbomasi inquired if the staff had' received many requests, for TDR
transfers 'Ms. Perkins said the County js currently Working on one TDR tfangf6r,' for' a receiving property,
and -a num'6e' r ved,'for sever' rurf'ofiriqpiries have been, ecei, ingrights from a] land.
Chairman Wflmot!commented, that when, all this came, to,fruition throug4 the Rural Areas
i tt 6- the Urban Centers 6M.FisheCommel, one of the imp-Oftaht c ' otme,c6ohs was the use of TOR& within,
wanted everyone to, kept) thi'&in-rnind.
Chairman Wilmot, next, opened the public hearing? to citizen comments and called for
anyone Who *shed to speak.
Mt,.,: Pad 1, Anderson,, , P V§ideif of the Frederick O offity Farm Bureau and ,a landowner a d
Ekrn pr, said thdi-hp and farm. tovether. NIK, Anderson said, the Farm- Bureau has worked, very
closely with the Planning ,,Department on the TDR Program and 'he believed & was - a, great program with,
Fr'6d'dric_k0Ou Planning, - 6nimisgion Page, 3021County
Minaps d.VOctob&r j;6,,, 2101-3
5-
good p6tenfiaL, He said he, 1'is the one ,landowner signed Up kf TOR 6 far and i's working with- -the
Planning Department to got thi gs,movjng Mr .,Anderson said the Farm'B'ureiqu has, no objections to the
ognized the, Count Is mopropQsbdamendments. Mr. Anderson, rec y vi ng di] igently 'to, make this ,happen
afid he,Wwbuld like to see theses, amendments move forward.
a. No one else, wisbed.w. speak -and Chairman, Wilmot dlosed'the'eitizen comment portion of
Recognizing the c6innientsr previously .made by Ms., Becky,, Morrison under the Citizen
Comments portion of the agenda, Qorii i§sioner Tho-ma'g saidAha't rgrooedurdllv, thi's item 'should be
tabled' until' , the Planning :Commj'ssi' n's,,next .meeting Qbmm'issioner Thomas believed tbis was a good
start for the TDR Program And'hei commented ' the, staff has.dohez,great job researching this and getting
all ofthel information.
Upon motion made". by COmmissioner Thomas and seconded"by Commissioner' Triplett,
BE IT RESOLVED; that-, the, Frederick. County Planning Commission does .,hereby una inousl Y vote . to
table action,,until. November '6,,20.,13 on the ordinance -to' amendthe, Frederick County Code to update the
Transfer of Development Rights; (TDR) Density `Table, An& VoAri-cludd,d 1provisionor contikuous, lots -and
an addition of aTDR density'zconversion 'rate, for receiving, propOrtfies.
Note: C6ffinjission&Mdddgarf Wa ,Abssdiit.66ni the, meeting:)
ACTION ITEM
Rezoning - #0543: of Governors III, submitted by PenndI
m Associates;.Jt c., to request a minor
proffer "revision ;associated with Rezoning: #10708'. This -revision, ,khe-litte,sl to the "Transporiatio.0
Enhancements" .and ",Ehvit,6n-nfc00 -Se- ti - Of 'the prdff6t9. The, propertyclons _y. is located
appro,ximaiely,Qke miJe'16ast,qfJ*tprstate 81 on the south
I .-
sidvof Millwood Pike (Rti 50, Ea!4)',,across
from Sulphur Springs: Road, '(Rt- 09) and The Ravens,, 'subbdiVisi OIL, The 'furtherpkopefty is
I
i
I
d - efiti-hed 'by Prto`peei ideiiiiei'c'a-ti'o'if,'Nijftib iors 64-A-'82, 64 -A -83, ,44..7 AL83A, 644-86, 64-A-87, land
04-A-'87A'in the 'Shawnee Magisterial,-District,
Aqtion-- Recommended Approval
Director portation, John A. Bishop; noted the, staff provided theDeputy' 0_ 0
Commi§szbn,with ,an updated staff report. containing some -minor -recisions to correct, a section, which ,was
inaccurately Jd6ritifi-ed and rom&ed a, refcrence to the Route 50 Corridor Plan. Mr.. Bishop said the,
Governors'Hill property wa s, origin ally rezoned to RA, including coffiffidfcial and r-esidetifial. Hey
recalled. at that, time,: there was, d sig i , ficanf road .connection_ to the intersection
I
of Route.5 O and Sulphur
Springs Road;, 1h, 2009 the prppp. )K45. re- rezoned, and: the: -most, significant of the transportation
j —
9, - . - -1 5
the - 9-, 11-11 __1 , -
ebange& wa:s..,the severing of a.planned connection to, Route 50 at,theA&kioh of-Sulph'ut Springs Road
and,the, focusing oftraff -'flow to Rbute,50:,at ffiver'lee Drive.,
Frederick,CouityPlannh-g- Commission Page 3022
Minutes,of,O.ctoher'l.6",2013
6-
Mr, Bishop proceeded.to review the specific proffer revisions with the.proposal presented
thin evening. He stated the timeline for the. Couerstone4Drye improvements .changed from November 1,
20:15 torN ovember-1, 2025; the construction of'& *Median.'6rea -I nd .eastbound':left turn,lane.at,Route .50'
and Inverlee Drive remains 'unchanged ,and,due to `be constructed' by November 1; 201 S and the language
in Section 14 regarding recordation. of'an avigati'on easement has been removed due to the fact that it has
been;recorded.
Mr. Bishop, referred to the phasing in Section 15 ,, and :noted the -four key phases for
construction of Coverstone Drive, which ,all "related to developmerit:by° square foot. He said the applicant
may develop up `to 200;000 square feet ;of office space without any, ,CovOr9t6ne Drive ;extensioir.
Anything, above that will `begin, to trigger the phases of Coverstone Drivedevelopment;as laid, out in the
proffers.. Mn Bishop stated these development triggers for road .improvements ..remain in. place. The
reason for pointing this ;out is :even 'though the "drop- dead" date isupushed ,out to 2025; if economic
conditions improve' and the development:moves forward more buickly,, the square- footage proffers remain
in.,place unchanged and the toad. improvements would also ;moue forward., He said this revision is
specifically a pushing out of the "drop_ dead "`-date _fo -r all toad improvements.
Comm issionerr,Tliomas, rioted, the only thing that really changes;is. the "end date and all
of cee unchanged.
edat
Additional!'
b f
ore.
ec nom
s density and number of unrt_s; those triggers'remari ins
p g y, y improves. and building_ increases,, the .construction of
COverstone must takel place:
Mr. Ronald Mislowsky with' Pennon Assoc ates,, Ihc. and Mh John 'Conrad- with Miller
and Smith were available for questions'
Commissioner 'Thomas believed` this. was a, positive_ approach for this development.
proposal.. Commissioner Thomas made. a motion 'to :recommend approval of Rezoning, 4,05 -1 3 of
Governors Hill with the;revised. proffers. Thist motion° was' second''ed by Commissioner ManuaFand was
unanimously passed.
BE IT' RESOLVED, that thef Frederick County Planning Commission does ;hereby unanimously
recommend approval of Rezoning #05 -13 of Governors Hill, subin tted by Pennoni Associates; Inc:, 'to
4 request, a. minor proffer revision associated with :Rezoning #1'0 08. This :revision ,relates 'to the
Transpo rtation Enhancements" and; "Enuiionmerital" sections of= the,proffer "s.
Note: Commissioner Madagan was absent from the meeting)
INFORMATIONL`DISC1SSIOIV IT
Discussion of a Revision to the Frederick, 'County Zoning Ordinance to Increase the Maximum
Ileights in tlie;EM (Extractive`Manufacturing), the M1 (Industrial Limited); and the M2, (Industrial
General); Zoriing,Districts
Senior Planner, Candice: E. Perkins, recalled,at ,the Planning Commission` August'2 ,
20:13 meeting, a're'quest -to. increase the fieight allowance in the; EM, M1; and,M2, Zoning Districfs'with a
conditional use:-`permrt,(CUP), This was rdlso discussed by'the Board' of;Supervisors at their September 9,
Minutes .zof Oct6ber.1.6, 2013
7;-
20<l3' meeting. Mg., Perkins said a-!conc&ft"was, expressed -- both ih'- C e -,.oar-dppy, o,, , o ornmission-and th,
I"
B- - Lover
associating, such porrnarient,siructures' with, a--CUP,' and the. amendment was sent, back to the DRRC,
Supervisors
Review Re Matrons Committee further review.. She said since. the Board' offorft1r,
the Planning Staff has pre r. &Vi d fit whichh removes, the CUP; Supervisors` discussion, prepared a, se ameri-drne c
requirement and rep Iaob,sitWithiaBdzfrd.olfSii,pgfvisors'- iven;'The;Wai)ierwotild still allowthe;Board
of $ypqyjsor& t6 deteryfib& the ca pprop riateness of the proposed height increase
i
in a requested location
while providing the applicant With an rrev6c,qbl , e approval.
Ms. Perkinskips ' said currently wftfiirrtfiese'_districts, the maximum, 'height in the 8M is 45
feet; An: the M1 -and'. M-2 Distticts:it is 6010t; this waiver would allow the 8oard'to Waive, the height, in the
EM District up -to, 26,0 feet anctifie-.Ml and M2 DiAricis, up`tq'T5Q,feet. She said these are the same
h6ighfs, that were discussed, 'Previously ,by both. ;the: Commission and -the Board. She., added that
Use. ,Regulations W so -drafted that would' need lto _1*addfes sed when an applicantSupplementarywerealP.
applies, th ndef6r' 6 waiver. The supplementaryniarV, use regulat bns, address a chitetturdl_re . rings, the ability, for
the Board to :require additional, screening and distance, •as well' as other conditions as necessary. In
Addition,, A xdVision to the supplementary ,:use regulations for height ,,.'exemptions, has .al'so been added to
ekpdrid'ille automated facility ,l:007 foot 'allowance ,to also include ,automated ,manufacturing -facilities.
Ms., Perkins re,p6ft,ed the. DRRC discussed this fteffi,af theirineeting on September 26,,
TlfeDRRC Was, supportive qflhe wai . ye option, I
as, r well as the supplementaryary use regulations She
sai-dihi&- it- 1 0 meeting and the Board sent it. qm, was :also di , scus$qd,'by, the Board at 'their Oct- ber 9, 201 3 meeti
qrwi. tq public hearing: 'Ms. Perkins ' said "this is-to-update the Planning Coffimis§ian on -what was
di'scussed,drid it will come before the Planning Corninission on November ds,a:ptiblicheafing.
Commissioner Thomas commented he, believed the b4i'lding,height, should be increased
by right,, -not necessaffly,"bY,if Waiver; _H0WbV'&r-, he did concur with the: amend_ proposed. Other
M4_nping Commission -members agreed.
PtANNING-COMNINSION B.YrLAWS kND'T]4E R0LX§&J•SP_0NSFB_1L1T1ES
Planning,j),irector, Er ic _ R.-Lawrence; stated the Planning; n Comffiissibri"S. Bylaws 4ictate
that. ilhe'Commission review the , By - laws aiid., Roles and kespbpsibilftid-& Overy,October apd'if:any changes
are needed; there 4s'aVaildble fimcio! make, rev''isions and then have the,, Bylaws. ready for adoption at the
firstiof the year. Mr. Lawrence said the Bylaws and the Roles aril Responsibilities have been
do".wnloade.d to. the Planning C`.omjssjqn.,..s,s-If _q_ 7serve'device and she requested ,the Commissioners_review
those'documents overthe next couple weeks,.
Frederick County ,Planning .
Ql
b m - ission
Minutes? ofOctober 16,2161'3 .
8-
SOUTHERN .FREDERICK AREA PLAN, „
Chairman Wilmot em ouriced, the ComprehensiVe, Plans' & Programs Committee (CPPC)`
is. n6wr recruiting for persons'to help with th_e deVelopnieint of !Southern Frederick Area ,Plan. Chairman
Wilmot: said this is only a short: - term, commitment and the: comrr iftee itself directs its own schedule.. She,
said: if anyone has interest in. ;the, specific :areas of study: urban areas and residential, developmerit;
business development; trans portation;,naiurat resources; historic resources; and /or public facilities,.please:
contactaihe`Planning Staff at 54;0 - 565 '5:65;1„
ADJOURNMENT
No further business remained to b.e7 discussed ;and .a motion was made by Commissioner
Thomas "to; adjourn the meeting... Th'is,:motion was seconded by, -Commissioner Dunlap and. unanimously
P. assed to adjourn the meetin at 7:30 P'. m.
Respectfully °submitted,,
e W- ilm° Chairman
Eric_, R. awrence, Secretary,
i
i
i
Frederick County Planning Commission Page 3025
Minutes of Oetober 16, 20,13