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HomeMy WebLinkAboutPC 01-07-15 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 January 7, 2015. 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; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison. ABSENT: J. Rhodes Marston, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; and Shannon Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the January 7, 2015 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 Thomas and seconded by Commissioner Molden, the Planning Commission unanimously adopted the minutes of their November 5, 2014 meeting. Frederick County Planning Commission Page 3176 Minutes of January 7, 2015 COMMITTEE REPORTS There were no committee reports presented at this evening's meeting. 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. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2015 The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the election of the Chairman and Vice Chairman for 2015. Election of June M. Wilmot, Chairman for 2015 Secretary Lawrence declared nominations open for Chairman for the 2015 calendar year. The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Oates and seconded by Commissioner Triplett. A motion was made by Commissioner Triplett, seconded by Commissioner Crockett, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Ms. June M. Wilmot as Chairman of the Planning Commission for the calendar year 2015. Election of Roder L. Thomas, Vice Chairman for 2015 Secretary Lawrence declared nominations open for Vice Chairman for the 2015 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and seconded by Commissioner Molden. Frederick County Planning Commission Page 3177 Minutes of January 7, 2015 Motion was made by Commissioner Oates, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2015. Election of Eric R. Lawrence, Secretary for 2015 Chairman Wilmot declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Eric R. Lawrence was made by Commissioner Oates and seconded by Commissioner Triplett. Motion was made by Commissioner Thomas, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Eric R. Lawrence as Secretary of the Planning Commission for the calendar year 2015. MEETING SCHEDULE FOR 2015 Planning Commission and Committees Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors' meeting room in the Frederick County Administration Building. In addition, if inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to Thursday evening, which is the day after the regularly -scheduled Wednesday meeting. BE IT FURTHER RESOLVED, that the Frederick County Planning Commission has voted unanimously for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at 7:00 p.m. in the first floor conference room; and for the Development Review and Regulations Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room. Frederick County Planning Commission Page 3178 Minutes of January 7, 2015 Committee Assignments for 2015 Regarding committee assignments for the calendar year of 2015, Chairman Wilmot asked the Planning Commission members to remain in their current committee assignments until she has had the opportunity to make contact with everyone and determine if they are satisfied and comfortable with their current role. Chairman Wilmot announced the following liaisons: Transportation Committee and Historic Resources Advisory Board, Commissioner Oates; Sanitation Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; and Winchester Planning Commission, Commissioner Kenney. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2015 Planning Director, Eric R. Lawrence, stated the Planning Commission's Bylaws and the Roles and Responsibilities have both been reviewed by the Commission and modifications were deemed to be appropriate. Mr. Lawrence noted, the revisions to proffers are not in the Bylaws and these will be revisited in a couple months. Mr. Lawrence said the Planning Commission's Bylaws and Roles & Responsibilities are ready for the Commission's consideration and adoption. Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws and the Roles & Responsibilities for the calendar year of 2015, as presented. PUBLIC HEARING Rezoning #05-14 CB Ventures, LLC submitted by CB Ventures, LLC to rezone 2.42 acres of property from BI (Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A)) 105 in the Opequon Magisterial District. Action — Tabled for 45 Days Commissioner Oates said he would abstain from all discussion on this item due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, presented a brief overview of the rezoning application. He noted this is an application to rezone a total of 2.42 acres from the Bl (Neighborhood Frederick County Planning Commission Page 3179 Minutes of January 7, 2015 Business) District to the B2 (Business General) District. The request includes proffers and it is designed to accommodate additional commercial uses on the property. Mr. Ruddy noted, the B2 (Business General) District land use proposed in this rezoning is genet -ally consistent with the commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan. He also noted the neighborhood of the adjacent land uses should be a consideration when evaluating this proposed rezoning. Mr. Ruddy reported the proffer statement that has been included has gone through a variety of reviews. The proffer statement addresses the items that are being provided correctly and the applicant has been working with the County Attorney and finalized that as of today and to the satisfaction of the County Attorney the proffer statement is in the appropriate legal form. Mr. Ruddy explained it contains three proffers; property access, right-of-way dedication, and site lighting. Commissioner Unger asked if there are other B2 (Business General) District properties along that stretch of road. Mr. Ruddy replied no, the B2 (Business General) District properties that exist are the McDonalds restaurant and Burger King which are closer to Route 277. Commissioner Thomas noted the uses for B2 (Business General) District and with the future of VDOT coming through that area, this will be moving a much more intensive use up Aylor Road quite a distance from where it is now. Mr. Ruddy stated a proffer statement can be used to mitigate or minimize this by adding additional restrictions that make it blend in to a certain degree. The Applicant has provided a proffer with regards to lighting. Mr. Benjamin Montgomery, representing the application, stated the lot size is minimized with annex of the right-of-way for relocation of the road, and thus limits the amount of square footage. In regards to impacts on the residential area, B2 (Business General) District does require the full screening and the closest house is 75 feet from the property line. Commissioner Unger inquired as to if a 60 foot hotel could be placed on the property. Mr. Montgomery stated that is correct, however parking limitations would be more feasible for a four story building if it were to be a hotel and the same for an office building. Commissioner Kenney inquired if the plan is to build a hotel. Mr. Montgomery noted there is no planned development for this property at this time. Mr. Unger asked if a height limitation would be considered in the proffer. Mr. Montgomery noted, that could be addressed and would prefer to stay at 45 feet rather than drop back to 35 feet. Commissioner Wilmot asked if there were any further questions and there were none. Mr. Kevin Chapman of the Opequon Magisterial District and lives directly behind the proposed lot 74-A-104 spoke in opposition of the proposed rezoning. Mr. Chapman presented several questions: were previous owners of this property an associated company or subsidiary of CB Ventures, LLC; did anyone associated with CB Ventures, LLC have any ownership stake in the previous ownership of these parcels before they were sold to CB Ventures, LLC; what will the County require or the owner proffer to insure proper investigation into possible contamination of lot 74-A-105; what will the County require or the owner proffer to insure these and any future buffer landscaping elements are properly installed and maintained going forward; what will the County require or the owner proffer to address the concern of inadequately maintained grass and weeds; what will the county require or the owner proffer to increase the effectiveness of trash collection receptacles to inhibit wind-blown trash. Mr. Chapman noted, he is not trying to prevent anyone from proper use of their property or doing what they are legally allowed too. He concluded his concern is what Aylor Road will become should this rezoning be approved. Frederick County Planning Commission Page 3180 Minutes of January 7, 2015 Mr. Ulysses Carriker of the Opequon Magisterial District spoke in opposition of the proposed rezoning. He expressed his concerns: lighting; storm runoff, traffic flow; sewer and water; security. Mr. Carriker also raised the concern of a middle school being very close to this property and the foot traffic that flows from the school, he is concerned for their safety. Commissioner Wilmot asked if anyone else wished to speak, no one came forward and the public comment portion of the hearing was closed. Mr. Montgomery addressed the concerns raised as follows: the realignment of Aylor Road makes this the corner lot and will not be surrounded by B1(Neighborhood Business) District; Public Works has been stringent on this project in regards to erosion, storm water, and water detention; existing trees, most fall within the inactive buffer; other concerns are addressed during the site planning phase of development to include buffers, fencing requirements, and maintenance; Phase I environmental study was completed and passed prior to purchase of this property by CB Ventures, LLC. Mr. Edward "Ned" Browning, owner of CB Ventures, LLC commented, the maintenance of the property is a work in progress due to neglect of previous owner. He noted they have been very active with VDOT in regards to the realignment of Aylor Road. Commissioner Thomas addressed staff in regards to the realignment of Aylor Road, would the property within the realignment be able to be developed. Mr. Ruddy explained that development will be outside of the right-of-way, however until that realignment they can continue to use the existing entrances on Aylor Road or an improved entrance approved by VDOT. Commissioner Manuel asked, given the Loft example how was that mitigated. Mr. Ruddy explained, that was and existing B2 (Business General) District therefore it was un -proffered. A zoning district buffer was provided and mitigates the parking and circulation of the area. Commissioner Kenney asked if as of today the proffers were legal. Mr. Ruddy noted the proffers within the package have been modified to address some of the outstanding issues raised by the County Attorney regarding language contained within. The County Attorney has the final approved proffer statement on hand this evening in the proper legal form. Commissioner Mohn noted the concern is there, in regards to lack of specificity on the intensity that could occur with this rezoning. He would like to see more in the application on building size and development. Mr. Mohn stated he would like to see something that projects a clearer view of what may be developed on this property. Commissioner Thomas made a motion to table this rezoning application for 45 days. This motion was seconded by Commission Unger and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission unanimously agrees to table Rezoning #05-14 of CB Ventures, LLC submitted by CB Ventures, LLC, for 45 days. (Note: Commissioner Oates abstained from voting; Commissioner Marston was absent from the meeting.) Frederick County Planning Commission Page 3181 Minutes of January 7, 2015 INFORMATIONAL ITEM: Discussion of the 2015 — 2016 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2030 Comprehensive Plan. Deputy Planning Director, Michael T. Ruddy, started by recognizing Ms. Gloria Puffinburger with Frederick County Public Works Department and Mr. Jon Turkel with Frederick County Parks and Recreation Department, both of which will be available should there be any questions. Mr. Ruddy reported, the Comprehensive Plans and Programs Committee (CPPC) evaluated the 2015-2016 Capital Improvement Plan (CIP) at their December, 2014 meeting and recommended the CIP be endorsed and recognized the consistency with the County's Comprehensive Plan. Mr. Ruddy noted the number of projects has remained consistent. There are eighty-eight projects in this year's CIP. There has also been reinforcement on enhancing the connection between the Comprehensive Plan and future rezonings and the benefit of the CIP. Mr. Ruddy highlighted projects that have been completed or are moving forward: Frederick County Middle School replacement is moving forward; the Winchester Regional Airport has removed several parcel acquisitions that are complete; Fire & Rescue, the Round Hill fire station is moving forward. He also noted a few projects that have been added: County Administration, Joint Judicial Center renovation which is a two phase project; Parks and Recreation, pool renovation in addition to the indoor aquatic center; Frederick County Public Schools, renovation to Dowell J. Howard Center; Public Works, the Clearbrook citizens site; Winchester Regional Airport, new general aviation terminal; Fire & Rescue, all items remain the same. There were no further comments or questions. OTHER Cancelation of the Regular Meeting on January 21, 2015 Chairman Wilmot announced there were no pending items for the Planning Commission's January 21, 2015 meeting. A motion was made by Commissioner Thomas to cancel the January 21, 2015 meeting of the Planning Commission. This motion was seconded by Commissioner Triplett and unanimously passed. Frederick County Planning Commission Page 3182 Minutes of January 7, 2015 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 Crockett and unanimously_ passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, June Wil t, Chairman z,^- Eri awrence, Secretary Frederick County Planning Commission Page 3183 Minutes of January 7, 2015