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PC 03-16-16 Meeting MinutesMEETING MINUTES 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 March 16, 2016 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee 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; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: Stanley Crockett, Stonewall District STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation; Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the March 16, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the Planning Commission unanimously adopted the minutes of their February 17, 2016 meeting. Frederick County Planning Commission Page 3319 Minutes of March 16, 2016 COMMITTEE REPORTS Comprehensive Plans and Programs Committee — Mtg. 3/14/16 Commissioner Mohn reported the committee wrapped up the review of working group updates. In particular the committee touched on Parks and Recreation, Transportation, Schools, and Economic Development. He noted the next step will be Mr. Ruddy sharing the proposals with the Planning Commission at the retreat scheduled April 20`h Frederick County Sanitation AuthorityF( CSA)—Mtg. 3/15/16 Commissioner Unger reported the Sanitation Authority is planning an update to the sewer line on Route 522 South which is currently flowing to the Opequon Plant. He explained their intent is to have a sewer line take the flow to the plant on Parkins Mill Road so it will be more effective. Commissioner Unger continued there is a similar problem on Route 11 North, the sewer lines in that area need to be improved to get better flow to the plant. Commissioner Unger reported the Sanitation Authority is seeking to hire an IT employee; this has been approved to move forward. Commissioner Unger noted the Sanitation Authority is seeking to build a storage building behind the facility. He reported there has been a problem in Stephens City; they found a row of houses in Fredericktown with broken saddles. He noted they are going to try to correct those problems this summer and it will cost approximately $450,000. Commissioner Unger concluded the Sanitation Authority adopted new water and sewer rates for Stephens City. City of Winchester Planning Commission Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported the Winchester Planning Commission held their annual retreat; most of the discussion evolved around the City's new 2016 Strategic Planning goals. He continued at the March 15, 2016 meeting a Public Hearing was held for the Ordinance pertaining to bonus incentives to allow the increased density for planned unit development which was approved and forwarded to the Winchester City Council. Board of Supervisors Report — Mtg. 3/09/16 Chairman Wilmot reported on behalf of Supervisor Blaine Dunn the Board of Supervisors denied a request for Conditional Use Permit #01-16 for Sharlyn Moore. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission's agenda or any item that is solely a discussion item for the Commission. Frederick County Planning Commission Page 3320 Minutes of March 16, 2016 Ms. Sandra Carper Ambrose of the Shawnee Magisterial District came forward to speak in regards to MDP #01-16 for Raven Oaks. She emphasized she would like to see the fence that was built at the initial development stage be continued with this process as well. Ms. Carper Ambrose commented on the proposed real estate rate increase. She feels this would place a strain on the budget having more children in our schools. Ms. Wendy Johnson of the Shawnee Magisterial District voiced her concern with MDP #01-16 for Raven Oaks and the extremely high volume of traffic that goes through the development on a daily basis. She inquired when Inverlee Way would be completed and noted a larger thoroughfare is needed to accommodate the heavy traffic. Mr. Matt Holben of Huntersridge Road was the next citizen to come forward regarding MDP #01-16. Mr. Holben expressed his concern with the high volume of traffic that comes off Route 50. He noted the constant noise this creates as well as the high speed at which most of the vehicles travel. Mr. Holben believes Inverlee Way needs to be completed before there can be any further development. Mr. Holben concluded the traffic needs to be monitored and signalization needs to be put in place on Senseny Road and throughout the development. Mr. Chris Perry expressed his concerns with the traffic and the safety of children throughout the neighborhoods pertaining to MDP #01-16. Mr. Perry feels the infrastructure in place now will not support further development. No one else came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Conditional Use Permit #01-16 for Martha Sparkman submitted for a Cottage Occupation — Massage Therapy. The property is located at 1045 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55 -A -176A in the Red Bud Magisterial District. Action — Recommend Approval Zoning and Subdivision Administrator, Mark R. Cheran reported this application is a request for a Conditional Use Permit (CUP) for a Cottage Occupation — Massage Therapy. Mr. Cheran continued the property is zoned RP (Residential Performance) and the current land use is residential. Mr. Cheran presented maps of the location. He continued Cottage Occupations are permitted in the RP (Residential Performance) Zoning District with a approve CUP. Mr. Cheran explained this proposed Cottage Occupation is for massage therapy that will take place within one room of the Applicant's home. He noted there will be no more than one customer at any given time and there will be no employees associated with this CUP. Mr. Cheran reviewed the conditions of the CUP should the Planning Commission find the use appropriate: 1. All review agency comments shall be complied with at all times 2. No more than one customer at a time 3. No employees allowed with this use Frederick County Planning Commission Page 332 l Minutes of March 16, 2016 4. One business sign shall be allowed (4 sq. ft. x 5 ft. high) 5. Any expansion or modification of this use will require the approval of a new CUP Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Dunlap mentioned the comment made by VDOT requesting the addition of a condition limiting the trips per day to 50. Mr. Cheran noted that can be added but staff does not see the need at this time. Commissioner Triplett requested clarification on the condition of one customer at a time. Ms. Sparkman explained she only has one table and can only work on one customer at a time. Ms. Sparkman commented on the trips per day and noted her sessions with customer take approximately an hour therefore the number of 50 trips per day would be impossible to reach. Upon motion made by Commissioner Dunlap and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #01-16 for Martha Sparkman, submitted for a Cottage Occupation — Massage Therapy. The property is located at 1045 Valley Mill Road, Winchester, Virginia and is identified with Property Identification Number 55 -A -176A in the Red Bud Magisterial District. (Note: Commissioner Crockett was absent from the meeting.) Rezoning #02-16 for I-81 West Business Park, submitted by GreyWolfe, Inc., to rezone 36.676 acres from the RA (Rural Areas) District to the B2 (Business General) District, 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to the Ml(Light Industrial) District, with proffers. The properties are located on the west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33 -A -113,33-A-124 and 33 -A -114B. Action — Tabled for 30 days Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Assistant Director, Candice E. Perkins reported this application is to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to the B2, B3, and M1 Districts with proffers, to accommodate commercial and industrial uses. Ms. Perkins continued the property is located within the Sewer and Water Service Area (SWSA) and in general, the proposed industrial and commercial zoning is consistent with the current land use supported by the Comprehensive Plan. Ms. Perkins noted with this rezoning application the applicant is requesting an allowance for commercial and industrial uses. She continued within the proffer statement there is a condition that limits the daily trips to 6,330 per day. The applicant has also proffered a monetary contribution to Fire and Rescue of $0.05 per building square foot and have proffered to Frederick County Sanitation Authority to construct a ground level water tank on the property. Frederick County Planning Commission Page 3322 Minutes of March 16, 2016 Assistant Director Transportation, John A. Bishop presented mapping of the site with the Eastern Road Plan overlay. Mr. Bishop explained the applicant has proffered a two lane road on a 60 foot right -of --way however within the Comprehensive Plan there is a major collector road which would require an 80 foot right-of-way. He continued the applicant has proffered to enter into signalization agreements; the TIA (Traffic Impact Analysis) has not quite triggered the need for signals at this time however it is close enough to be of a concern to VDOT and Staff. Mr. Bishop has requested flexibility to this proffer; specifically should something else develop at the intersection of Hopewell Road, Brucetown Road, and Martinsburg Pike. Mr. Bishop reported the Eastern Road Plan does include potential plans for a split interchange that was done when the Route 11 study was completed and it was modeled using MPO resources and basically the point was the lack of area on Route I 1 North for a major interchange however the land use plan calls for significant additional development. Mr. Bishop continued this was proposed as a way to help spread out the demand on that interchange; it takes the ramps on the north side of Hopewell Road and brings them to the north side of Cedar Hill Road and connects via frontage roads along I-81. He noted the applicant does not control all of that property. Mr. Bishop requested the applicant look at the situation and give consideration on how they may be able to handle that as it is unaddressed in the proffers. He noted this is something continuously being studied through the MPO and is being called the 317 Area study. Mr. Tim Stowe representing the applicant came forward and presented a brief overview of this project. He reported the project has been scaled back in order to manage the traffic and the other concerns. Mr. Stowe continued the proffer that addresses the traffic was developed in consideration of the interchange at I-81 as well as the intersection of Hopewell Road, Martinsburg Pike, and Brucetown Road. Mr. Stowe explained on Friday March 11, 2016 the applicant received comments from VDOT that deal primarily with the proffers; they have communicated with Staff since that time and have updated the proffers. In summary Mr. Stowe noted the adjustments made by the applicant; the north south road (Alfalfa Lane) will include a multi -use trail; right-of-way increased to 80 foot; adding additional right-of- way on Cedar Hill Road to widen to 80 foot; reconfigured ramps and proffered an alignment and right-of- way; adjusted the signal proffer. Mr. Stowe concluded the water tank proffer has a time limit and the Frederick County Sanitation Authority is completing a study on this. Commissioner Unger asked does VDOT seem satisfied with the proffer adjustments. Mr. Stowe responded the adjustments were sent to them today. Commissioner Thomas inquired to what is the level of service in the TIA at the intersection. Mr. Stowe explained it was looked at two ways and the applicant proposed an all way stop which put the level at a C and VDOT was satisfied with that. Commissioner Mohn asked to what extent Staff has reviewed the updated information. Mr. Bishop reported the information has been addressed with the exception of a VDOT request for greater analysis of the interchange. Commissioner Thomas directed a question to Mr. Roderick B. Williams, County Attorney; are the members within purview to reference the revised proffers that have not been seen by the Planning Commission. Mr. Williams responded it is the Planning Commission's discretion on how to proceed. He noted he has briefly reviewed the updates. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward. Mrs. Becky Morrison came forward and expressed her concern with the traffic this project will generate in the area. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 3323 Minutes of March 16, 2016 Commissioner Mohn commented he is comfortable with this rezoning. He is concerned with moving forward without having seen the updated materials and he would prefer to table this rezoning. Commissioner Unger made a motion to table this rezoning application for 30 days. This motion was seconded by Commissioner Mohn and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission unanimously agrees to table Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., for 30 days. (Note: Commissioner Crockett was absent from the meeting.) INFORMATION/DISCUSSION ITEM Master Development Plan #01-16 for Oakdale III, Raven Pointe, Raven Oaks & Raven Wing, submitted by Pennoni Associates, Inc. This application seeks to revise the Master Development Plan (MDP) for the Oakdale III, Raven Pointe, Raven Oaks and Raven Wing Development to modify Raven Oaks (Phase 7 and 8). This MDP revision proposes to change the unit types originally approved and update the road layout. The subject properties are located between Senseny Road (Rt. 657) and Millwood Pike (Rt. 50 East) in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-119 and 64-A-117. No Action Required Assistant Director, Candice E. Perkins reported this Master Development Plan (MDP) for Oakdale III, Raven Pointe, Raven Oaks, and Raven Wing Development (collectively called The Ravens) is to primarily modify Phases 7 and 8 of Raven Oaks. She explained the MDP revision proposes to change the unit types originally approved and to update the road layout. Ms. Perkins provided a locations map of the property. She continued the original MDP depicted Raven Oaks being developed with mixed housing types (single family, duplex, multiplex, etc.). Ms. Perkins noted a number of those housing types were eliminated when the RP (Residential Performance) section was updated a number of years ago. She continued the revised MDP proposes to develop up to 50 single family detached units and 171 attached (townhouse) units on the 42.40 acre portion of section 7 and 8 at a density of 5.2 units per acre. Ms. Perkins noted the revised MDP is consistent with the overall unit maximum approved with all the previous revisions of The Ravens with a cap of 720. She emphasized this development consists of un - proffered RP (Residential Performance) land. Ms. Perkins concluded this Master Development Plan appears to be consistent with the requirements of the zoning ordinance and it is administratively approvable. Commissioner Thomas inquired is it consistent with the development plan in that there are intersections that are totally non -controlled with stop signs. Ms. Perkins explained everything that has been built upon over the years with the subdivision design plans; starting from the original Oakdale, it has all been in conformance with the master plans and all has been reviewed by VDOT. Commissioner Thomas asked if there is some way a request could be made to VDOT for more control at those intersections. Assistant Director Transportation, John A. Bishop explained this can be requested and must be warranted to do so, on a case by case basis. Frederick County Planning Commission Page 3324 Minutes of March 16, 2016 Commissioner Marston requested clarification on the road that is not complete. Mr. Bishop explained Inverlee Way is eventually supposed to go through to Senseny Road and it is in the Comprehensive Plan. Mr. Bishop continued this completion goes across property that is not for sale and there are funding restrictions. He noted he has met with VDOT and property owners to try to enter into a traffic calming program study. Commissioner Thomas does not feel the amount of trips per day this will generate is acceptable without the road completion or some type of signalization. He understands this is a by right development and possibly the developer needs to be told the timing is not right for this project. Mr. Bishop agreed this is a by right situation which has made it difficult for everyone. Commissioner Thomas asked about the original rezoning of the property. Ms. Perkins noted there was not a rezoning of this property and this has historical RP (Residential Performance) zoning and is shown on the 1960's mapping. She reiterated there are no proffers associated with this development. Commissioner Manuel would like to see the HOA take the lead and get VDOT on board. A citizen commented there is not a HOA for Oakdale Crossing. There were no further questions or comments from the Planning Commission. (Note: Commissioner Crockett was absent from the meeting.) OTHER Chairman Wilmot commended Assistant Director, Candice Perkins for placing useful documents on the iPad of the Planning Commission members. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:00 p.m. Respectfully submitted, June M. Wilmot, Chairman F Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3325 Minutes of March 16, 2016