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PC 06-17-15 Meeting MinutesMEETING MINUTES 111*1M FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 17, 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; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; Steve Slaughter, City of Winchester Liaison. ABSENT: J. Stanley Crockett, Stonewall District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director -Transportation; Candice E. Perkins, Senior Planner; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the June 17, 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 Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes of their May 6, 2015 meeting. Frederick County Planning Commission Page 3226 Minutes of June 17, 2015 COMMITTEE REPORTS Conservation Easement Authority — 05/28/15 Mtg. Commissioner Triplett reported discussion was held on the Informational Conservation Easement Videos, and at that time the videos were presented. Comprehensive Plans & Programs Committee (CPPC) — 06/08/15 Mtg. Commissioner Oates reported the committee discussed the Kernstown Area Plan and voted to move it forward to the Planning Commission for discussion. Board of Supervisors Report — 05/27/15 & 06/10/15 Mtgs. Board of Supervisors' Liaison, Supervisor Robert Hess, reported at the May 27, 2015 meeting a Public Hearing was held for the renewal of the Agricultural & Forestal Districts. During the Public Hearing and with Board discussion it was revealed that adjacent property owners were properly notified, although there was no legal requirement to do so. He explained the 46 owners of the small parcels that were proposed to be removed from the Districts were not notified by letter of the proposed removal. The Board approved the renewal of the Agricultural & Forestal Districts as advertised with the understanding that Staff moves forward with legal notification to add the 46 parcels back into the Agricultural & Forestal Districts, and then review the parcels individually for those who wish to be removed. Mr. Hess reported at the same meeting a Public Hearing was held for the Interstate Primary & Secondary Road Improvement Plans, at which time the Board unanimously approved. Supervisor Hess reported at the June 10, 2015 meeting a report was received from the Development Impact Model Oversight Committee regarding the model including a recommendation for the annual update and a request to allow staff to utilize the results of the update. This was unanimously approved. Mr. Hess noted a Public Hearing was held for REZ 403-15 MBC LC to rezone two parcels. A motion was made to approve the rezoning with a change to the transportation proffer to allow the use of the funds for general transportation improvements rather than restricting those funds to pedestrian improvements. Mr. Hess also reported the request by CB Ventures LLC REZ #05-14 was withdrawn by the Applicant the day of the Board of Supervisors meeting. Also at the meeting, discussion was held on the proposed ordinance revision for Farm Breweries & Distilleries. The Board suggested minor changes to the text and unanimously agreed to move it forward to Public Hearing. Mr. Hess noted discussion was also held on the Site Plan Requirements. This was also moved forward to Public Hearing. Frederick County Planning Commission Page 3227 Minutes of June 17, 2015 City of Winchester Planning Commission — 06/16/15 Mtg. Commissioner Slaughter reported the Commission held two Public Hearings. He explained the first was a CUP for the Sacred Heart Academy gymnasium expansion. He stated the second was a CUP for the expansion of the Museum of the Shenandoah Valley. He noted guidance was also provided to the City Council regarding safety improvements in the proximity of Indian Alley and the Discovery Museum. 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. The following individuals came forward: Rebecca Arnett spoke regarding Blue Ridge Youth Soccer Association (BRYSA). She explained her family has been involved with BRYSA for 16 years. The organization has benefited her daughters tremendously. She noted they have learned team work and how to persevere. Ms. Arnett stated they have also made many long lasting friendships through the organization. She feels having these additional fields would be fantastic for the community. Ray Lanham spoke on behalf of BRYSA. He explained after hearing the comments and concerns from the citizens at the May 6, 2015 Planning Commission meeting the organization felt a community meeting needed to be held. He noted Mr. and Mrs. Sheehy, the owners of Winchester Montessori graciously hosted the meeting on June 6, 2015. Mr. Lanham reported Nathan Laing the Commissioner of BRYSA, Jim Carden the Executive Director of Winchester United, and himself were present at the meeting along with approximately 25 community members. He explained they felt a meeting needed to be held to let the citizens know about BRYSA and what they want to do with the property. He noted most importantly they wanted to hear the citizens' concerns. It became apparent these concerns needed to be addressed. Mr. Lanham stated on June 8, 2015 he and Nathan Laing met with Staff to discuss changes that needed to be made on this property. The concerns that were addressed were explained by Mr. Lanham: Security — the mode of operation will be complete supervision of players and visitors at all times during practice sessions and games to be monitored by coaches, team managers, and parents; no pregame or post game loitering; no tobacco or alcohol; no trespassing signs will be posted; the property will be gated; a fence between Winchester Montessori and the BRYSA property will be installed; a swing gate installed for the parking lot of Winchester Montessori ; signs for traffic will be posted; BRYSA could potentially rent out the property and there will be a BRYSA member there at all times. Screening — will provide 75' no build zone between BRYSA and any adjoining property; between 120 George Drive, will place two rows of evergreen trees 6' in height and 8' on center staggered; between 1148 W. Parkins Mill Road, will place three rows of evergreen trees 6' in height and 8' on center staggered. Trash — players, parents, and coaches will be responsible for clean-up and all trasli will be removed daily. Frederick County Planning Commission Page 3228 Minutes of June 17, 2015 Lighting — BRYSA will follow the ordinance which will be turned off by 10:00 p.m. Environmental — will have natural all grass fields Alex Stanford spoke in support of BRYSA. She explained she began playing through BRYSA at age 4, began to play travel for Winchester United in the 4ch grade, and after 3 years she and her family realized a change was needed in order for her to play at a higher level. She noted practices were constantly canceled due to the slightest of weather. At that time she began to play for a team in Loudoun County. Ms. Stanford concluded there are many talented soccer players in the area and a more adequate facility would offer many more opportunities for these athletes. Luke Mason spoke in support of BRYSA. He explained he has been a part of the organization for 15 years. Mr. Mason noted this is about more than just soccer. He stated the organization helps build character, relationships, and a strong work ethic. He concluded the organization is maintained with high standards and he takes pride in that. Lauren Mason, a player for Winchester United, came forward to speak in support of BRYSA. She noted the organization has many great coaches and players. She stated when traveling to various places they have nice fields and restrooms. She noted it would be really nice to have good fields here in our area and it would be good for the community. Jennifer Gaylor, a resident of Frederick County, came forward to speak. She explained her daughter has played for BRYSA for 5 years. She agreed with the comments the previous speakers have made. She noted everyone becomes one great big family and the new facility would be a great asset for the community. Mike Danielson was the next supporter of BRYSA to come forward. He noted BRYSA needs its own home, someplace they can control. He feels it would give BRYSA an identity. No one else came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ACTION ITEM Conditional Use Permit #01-15 for Blue Ridge Youth Soccer Association, for a Commercial Outdoor Recreation Facility. The Properties are located east of the City of Winchester, on the west side of US Highway 50/17, at the southeastern corner of the intersection of Route 50/17 and with West Parkins Mill Road (Route 644). The properties are identified with Property Identification Numbers 77 -A -26A and 77 -A -26B in the Shawnee Magisterial District. Action — Recommend Approval Senior Planner, Candice E. Perkins, noted as previously reported this is a request by the Blue Ridge Youth Soccer Association for a Conditional Use Permit for a commercial outdoor recreation facility on two parcels of land that total 57 acres. Ms. Perkins reported the Applicant held a meeting on June 6, 2015 with the residents to discuss their concerns. She explained the conditions of the CUP (Conditional Use Permit) have been updated to include: security fencing along the adjacent school Frederick County Planning Commission Page 3229 Minutes of June 17, 2015 property and a gate for their entrance; the property will be gated when not in use; the proposed buffer has been increased to three rows of evergreen trees instead of a single row, minimum parking standards, allowance for concession stand, trash removal, and a minimum of 75' setback for all fields to adjacent properties. Ms. Perkins offered to answer any question the Planning Commission may have. There were no questions at this time. Upon motion made by Commissioner Ambrogi and seconded by Commissioner Triplett, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #01-15 for Blue Ridge Youth Soccer Association, for a Commercial Outdoor Recreation Facility with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. 3. Minimum parking shall be thirty (30) spaces per field. Access to the site shall be gated when the fields are not in use. 4. Permanent bathroom facilities shall be provided on site. 5. One permanent concessions stand shall be permitted. 6. All trash shall be removed from the fields each day the fields are in use. 7. One freestanding sign shall be permitted; this sign shall not exceed 12' in height and 50 square feet in size; this sign shall be located on West Parkins Mill Road. 8. Site lighting shall conform with 165-20.07F — Lighting Standards for Recreational Facilities in all Zoning Districts (Class III facility — full cutoff luminaries must be used to control spill light). All lighting shall be turned off by 10:00 p.m. 9. All fields shall be a minimum of 75' from any adjoining property boundary. 10. A 3 row of evergreen trees 6' in height, planted a maximum of 8' on center shall be provided along any property line that boarders a residential dwelling, where existing woodlands (minimum 50' width) are not present. Screening shall be phased as the fields are constructed. 11. Wire fencing shall be provided along parcel 77 -A -26C; a gate shall also be provided to restrict access into 77 -A -26C. 12. Hours of operation shall be 8:00 a.m. to 10:00 p.m. 13. The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. 14. Any expansion or change of use shall require a new Conditional Use Permit. INFORMATION/DISCUSSION ITEMS Kernstown Area Plan — A proposed amendment to the 2030 Comprehensive Plan; Appendix I — Area Plans. The Kernstown Area Plan looks to update, renew, and expand the land use and transportation plans for the Kernstown area. The study area is generally located along Route 11, south of the City of Winchester, and north of the Town of Stephens City, and west of I-81. The Kernstown Area Plan builds on the Route 11 South Corridor Plan, and the balance of the Southern Frederick Plan which was adopted in 1998, by incorporating the western portion of this plan into Frederick County Planning Commission Page 3230 Minutes of June 17, 2015 the Kernstown Area Plan. This Draft Plan is reflective of the work of a number of citizen volunteers who have previously worked on updating the County's Area Plans, the input of the �Irl oinprehensive Pians and Programs Committee, and public input received through the process. No Action Required Deputy Director, Michael T. Ruddy, reported the Kernstown Area Plan has been worked on by the Comprehensive Plans and Programs Committee (CPPC) and the draft is reflective of the work of a number of citizen volunteers who have previously worked on updating the County's Area Plans in addition to the input of the CPPC. Mr. Ruddy noted, the draft addresses residential development, business development, transportation, historic resources, natural resources, and community facilities. Mr. Ruddy explained the Kernstown Area Plan utilizes the previously adopted area plans (Southern Frederick Land Use Plan and Route 11 south Corridor Plan) as a basis to build on. Mr. Ruddy reported a public information and input meeting was held on May 26, 2015 at the MidAtlantic Farm Credit building in Kernstown. He explained this was an important meeting because it was an opportunity for citizens to come and discuss what all is part of the plan and provide input and comments at that time. Mr. Ruddy pointed out since the Planning Commission agenda was distributed, Staff has continued to receive comments and have been evaluating some additional changes to make. He noted a letter was placed at everyone's dais from Mr. Ralph Gregory consisting of additional comments. Mr. Ruddy presented four maps that encompass the Kernstown Area Plan: Land Use, Transportation; Trails; Natural/Historical Resources Mr. Ruddy elaborated on the public comments and requests. He explained a more significant amount of flexibility was added to the identified Rural Historic Resource Areas description to encourage adaptive reuse and sensitive development of the areas where appropriate. Mr. Ruddy noted, citizens were very supportive of the resources and the environment in the Bartonsville area. He stated the area identified as the Bartonsville DSA/Rural Historic Resource Areas was reduced in size to allow additional areas of Commercial Recreation land use to the south and additional areas of Commercial land use to the north specifically to address a property owner's request. Mr. Ruddy also reported Route 11 south in the vicinity of Bartonsville was maintained at its current designation with no additional improvements identified. He pointed out; as a result of the plan, no additional widening of Route 11 in the immediate Bartonsville area is anticipated. Mr. Ruddy noted it is important to recognize the mechanics of this. It is important to recognize the Sewer and Water Service Area (SWSA) changes and the Urban Development Area changes. He explained there will be a net increase of approximately 50 acres to the SWSA and a reduction of 28 aces in the Urban Development Area. At this time Mr. Ruddy welcomed comments and concerns from the Planning Commission members. Commissioner Thomas inquired, when going from a historic designation to rural designation does that give the property owner the assumption they can develop the property in the future, would it also allow the property to be broken into five acre lots at any given time without the County's input. He also asked is it truly a historic area we would be losing or is it a peripheral historic area. Mr. Ruddy responded they are certainly historical areas but they would be able to do in the Bartonsville area what the Rural Area designation would allow. For instance, they would be able to subdivide if their density and lot acreage would allow. He explained they would be allowed to work with the County on a Conditional Use Permit (CUP) if they felt a restaurant facility would be appropriate. The property owner would not be able to turn the property into a commercial or industrial location because the land use would not support it. Mr. Ruddy noted it's important to recognize the second area in the Frederick County Planning Commission Page 3231 Minutes of June 17, 2015 Kernstown Battlefield location that is recognized as a DSA but could revert back to Rural Area (RA) designation is wholly protected by the Kernstown Battlefield Association through ownership of the property or future easements that they are obtaining on the adjacent properties. He noted RA designation has been reinforced over the last few years and that is something to be supported. Commissioner Thomas asked, is the future being given away too much that the historical area will be lost by using RA designation or should we use a combination of RA and Historical Area on some of this, such as the more significant Historical areas. He suggested possibly keeping the Historical designation and the peripheral areas designate RA. Mr. Ruddy explained, in the process, we are always trying to balance just that, to allow the property owners to do certain things but also to recognize our resources. He noted Development Sensitive Areas (DSA) have been a good tool for the County in identifying those places and locations. Mr. Ruddy noted when everyone uses the DSA they are reflecting what it is the County is looking to see and that is promoting those Historic resources, but also allowing things to happen in and around those resources creatively. Commissioner Thomas commented he appreciates the property owner's rights and wants to keep those rights flexible. He stated possibly part of this should have some historical designation to preserve the significant parts of it. Mr. Ruddy noted, there have been discussions in that regard with the adjacent property owners in the area wanting to have commercial opportunity and citizens within the Bartonsville area in particular valuing what they have and valuing the future of that, as the resources that are there today and trying to find a balance. Commissioner Oates commented, when he became a Planning Commission member in 2005, the mapping was mainly white. He stated he was pleased that over the last 10 years on the land use plans, colors have been added to identify areas that were to be preserved. He noted the color acted as a chip indicating the land has been looked at, was a DSA, etc. He pointed out it gave citizens notice that the land was not to be used for high density residential or commercial/light industrial uses. He stated, leaving the mapping white is going to reopen the door for confusion and the false sense the property can be developed. Commissioner Oates noted, in recent years we haven't had citizens' think the property was missed being designated because maps were appropriately color coded. He elaborated if it was in the DSA and there was a legitimate reason why part of it should come out then a study could be done to analyze that. He noted keeping the colors on the maps will put everyone on notice that something exists there and it will prevent citizens from getting the false sense something can be done with the property (ex. Rezoning, serviced by SWSA, etc...) when actually it cannot. Mr. Ruddy commented he appreciates everyone's comments and input as this will continue to be a work in progress. Conservation Easement Authority Video Director, Eric L. Lawrence presented a brief update on the Conservation Easement Authority (CEA). He explained, the CEA was created by the Board of Supervisors in 2005. The goal of the CEA is to provide a means to assist County landowners in protecting and preserving farm and forest land, open space, scenic vistas, historic sites, water resources, and environmentally sensitive land. He Frederick County Planning Commission Page 3232 Minutes of June 17, 2015 noted the CEA acts as a clearing house for conservation easement information and it provides guidance to property owners interested in pursuing things further. Mr. Lawrence stated the decision is ultimately that of the property owner. Mr. Lawrence commented, as of April 2015 there are over 8,000 acres in Conservation Easements within the County. Mr. Lawrence reported, over the past year, the CEA has partnered with Potomac Conservancy on a video series of information specific to Frederick County. He noted the series consists of five videos, two of which are available now online and the others will soon follow. Mr. Lawrence introduced Ms. Diane Kearns, Chairman of the CEA. He then presented the CEA informational video. Mr. Lawrence noted the video series is available via Comcast channel 16 and www.fcva.us/cea. OTHER Cancelation of the regular meeting on July 1, 2015 Chairman Wilmot announced there were no pending items for the Planning Commission's July 1, 2015 meeting. A motion was made by Commissioner Thomas to cancel the July 1, 2015 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. 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 Dunlap and unanimously passed. The meeting adjourned at 8:05 p.m. Respectfully submitted, ilmot, Chairman Eric K. Lawrence, Secretary Frederick County Planning Commission Page 3233 Minutes of June 17, 2015