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PC 05-06-15 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 May 6, 2015. PRESENT: June M. Wilmot, Chairman/Member at Large; 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; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek 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; Mark Loring, City of Winchester Liaison. ABSENT: Charles E. Triplett, Gainesboro District; Robert S. Molden, Opequon 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 May 6, 2015 meeting of the Frederick County Planning Commission to order at 7:05 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 Dunlap, the Planning Commission unanimously adopted the agenda with revisions for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously adopted the minutes of their April 15, 2015 meeting. Frederick County Planning Commission Page 3203 Minutes of May 6, 2015 COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) — 4/21/15 Commissioner Unger reported total customer base for water is 14,348 and the total for sanitary is 13,860. The rainfall total for March was 2.96 inches which is up and better than average for the year. Water usage at the Diehl Plant was 2.2 mgd; water usage at the Anderson Plant was 1.8 mgd; 1.4 mgd was purchased from the City. The daily average use is 5.4 mgd, which has increased. Elevation at the Diehl Plant is up approximately 5 feet to 649 and the Anderson Plant elevation remained the same. Mr. Unger noted water loss has increased considerably to 14% due to leaks that are being located and repaired. He also noted the test well at Lake Frederick has been drilled and testing continues. Transportation Committee - 4/27/15 & 5/4/15 Commissioner Oates reported at the April 27, 2015 meeting the Kernstown Area Plan was discussed. He also noted there will be a public meeting regarding the Kernstown Area Plan on May 26, 2015 at the Valley Farm Credit facility. Mr. Oates reported at the May 4, 2015 meeting House Bill 2 and the rating systems were discussed. He noted Frederick County is currently rated as a B and the committee is seeking approval to ask for a change to be rated a C in order to be more competitive in getting funding for roadways. Mr. Oates also reported a discussion was held on the six year road plan. Development Review & Regulations Committee — 4/23/15 Commissioner Unger reported discussion was held regarding Farm Distilleries and the revision was tweaked a little. He also noted a discussion was held regarding site plan requirements. City of Winchester Planning Commission — 4/21/15 Commissioner Loring reported at their meeting approval was recommended for site improvements at the old Coca Cola Plant. He also noted commercial remodeling at the old Long John Silver building was recommended for approval. Frederick County Planning Commission Page 3204 Minutes of May 6, 2015 Board of Supervisors Report — 4/22/15 Board of Supervisors' Liaison, Supervisor Robert loess, reported information was provided or. MDP #01-15 Graystone Commerce Center and noted there were no comments or questions. 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. PUBLIC HEARING Rezoning #02-15 Blue Ridge Youth Soccer Association, submitted by Painter -Lewis P.L.C. to rezone 20.54 acres from the B2 (General Business) District to the RA (Rural Areas) District. This property is 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 W. Parkins Mill Road (Route 644). The property is identified with Property Identification Number 77 -A -26A in the Shawnee Magisterial District. Action — Recommend Approval Senior Planner, Candice E. Perkins reported this proposal is to rezone 20.54 acres from the B2 (General Business) District to RA (Rural Areas) District. Ms. Perkins noted this application for a downzoning from the B2 District to the RA District is accompanied with a Conditional Use Permit for an outdoor soccer facility. Ms. Perkins explained the property was rezoned from the RA District to the B2 District with proffers with the approval of Rezoning #23-89 on November 8, 1989. She noted that while the original rezoning included 23.2282 acres of land, this rezoning is for 20.54 acres of the site. A five acre residential property was subsequently subdivided (that five acres is split zoned RA/B2) and that property is not part of this downzoning. Ms. Perkins reported the land use proposed in this application is consistent with the Comprehensive Policy Plan. She noted this site does not have access to public water and sewer and is outside the limits of the SWSA; therefore the proposed downzoning of the site from the B2 to the RA District is a positive rezoning. Commissioner Oates noted he had no objections to this downzoning. Commissioner Crockett stated this is a great idea for a downzoning and is in support of the idea. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 3205 Minutes of May 6, 2015 Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #02-15 Blue Ridge Youth Soccer Association, submitted by Painter -Lewis P.L.C. to rezone 20.54 acres from the B2 (General Business) District to the RA (Rural Areas) District. This property is 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 W. Parkins Mill Road (Route 644). The property is identified with Property Identification Number 77 -A -26A in the Shawnee Magisterial District. (Note: Commissioners Triplett and Molden were absent from the meeting) Conditional Use Permit #01-15 for Blue Ridge Youth Soccer Association, for a Commercial Outdoor Recreation Facility. Those 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 W. 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 — Tabled for 45 Days by Majority Vote Senior Planner, Candice E. Perkins 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 62 acres located on West Parkins Mill Road. This Conditional Use Permit would enable the construction and operation of an outdoor soccer complex on the subject properties. Ms. Perkins noted commercial outdoor recreation, athletic or park facilities are permitted uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). She also noted this proposed use would be conducted on two parcels that contain a total of 62 acres. Ms. Perkins stated this is a general concept plan that the applicant provided, it is a draft and subject to final engineering that is completed at the site plan stage. Ms. Perkins explained this property is surrounded by residential properties that are zoned RA (Rural Areas). The proposed use and its traffic, lighting, and noise could impact the residential properties. Ms. Perkins presented conditions drafted by staff that are an effort to mitigate those impacts. The conditions specify site access, lighting, hours of operation, signage, restroom facilities, and buffering. The suggested conditions are as follows: 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. Permanent bathroom facilities shall be provided on site. 4. 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. Frederick County Planning Commission Page 3206 Minutes of May 6, 2015 5. Site lighting shall conform with 165-201.07F — 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. 6. A single 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. 7. Hours of operation shall be 8:00 a.m. to 10:00 p.m. 8. 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. 9. Any expansion or change of use shall require a new Conditional Use Permit. Ms. Perkins pointed out this Conditional Use Permit is for commercial outdoor recreation soccer fields only and any other uses would not be included such as festivals, concerts, etc. These types of items would require a festival permit and ultimately approval of the Board of Supervisors. Commissioner Unger inquired what type of buffering or fencing will be around the property for the neighbors. Ms. Perkins reiterated it is proposed that a single row of evergreen trees that would be 6' in height and 8' on center would be required for properties that are residential and do not have existing woodlands. Commissioner Marston asked will this facility be a seven day a week operation and is there a proposed schedule of how often the facility will be used. Mr. Stephen L. Pettler Jr., representing the applicant responded, the anticipation is to use the facility as much as possible. He noted during schools hours it would not be used, tournaments would be held on weekends, and in the evenings there would be practices and some games. Commissioner Manuel asked will there be buildings on this site. Ms. Perkins responded at this time one restroom building is being proposed. Commissioner Kenney asked if parking would be adequate for this facility. Ms. Perkins noted the parking would be based on the ordinance for the number of fields and it would be planned for the maximum. Mr. Stephen L. Pettler Jr. noted it is difficult at this time to give precise answers to the questions being asked and at this point BRYSA (Blue Ridge Youth Soccer Association) is just trying to acquire the property. He explained there has been no engineering or site plan work done as of today and obtaining the Conditional Use Permit would allow them to move forward. Mr. Pettler noted the following: BRYSA has grown 29% from 2011-2014; the anticipated development would not happen for at least two years; development would be completed in phases as BRYSA raises funds to offset costs. Mr. Pettler also noted BRYSA is in agreement to Staff's proposed conditions. Commissioner Unger asked if VDOT is going to be involved. Mr. Pettler responded the comments from VDOT were "no measurable impact". He noted the issues being raised are ones that have been discussed at BRYSA meetings. BRYSA has been looking for some time to put fields in the county, this site is beneficial: there is easy access to Route 50, the land is relatively flat, and the price for the property is very generous. Frederick County Planning Commission Page 3207 Minutes of May 6, 2015 Commissioner Oates noted there will be a lot of grading involved in this process, therefore having excess dirt. He explained with the excess dirt they could create a 6 foot berm to help deaden the sound around the facility. He also noted berms are cheap and reasonable to put in place. Mr. Oates feels this should be a condition put into the Conditional Use Permit. Commissioner Dunlap expressed his concern is with the number of people that will be at the facility. He is also concerned with the screening issues, especially the five acres that sits in the middle of this proposal. He would like to see a more adequate buffer. Commissioner Kenney inquired how the restrooms will be handled if not served by SWSA. Mr. Pettler noted a pump and haul system has been discussed. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. The following citizens came forward: Mr. Edward Nail of 130 George Drive, Winchester VA came forward to speak. Mr. Nail posed the following questions and concerns: will this facility be used for children or adults; lighting at night; the noise this will create; will there be wells drilled on the property and if so how many; the buffer trees are not adequate for this large of a facility; who will maintain the property; will there be any type of security; can the conditions of the Conditional Use Permit change. Mrs. Julie Boulais of 1148 W. Parkins Mill Road, Winchester VA came forward to voice her concerns. She noted her property is the five acres in the middle of this proposal. Mrs. Boulais explained her major concern is the pond on their property; she does not want it destroyed. She is also concerned with the buffering, trash, security, and lighting. Mr. Tommy Almond of 861 W. Parkins Mill Road, Winchester VA came forward and stated his concerns in regards to the traffic flow given the large number of people that is anticipated. He also noted there is not a traffic light at the intersection of Route 50 and Parkins Mill Road and that is a concern. Mrs. Jennifer Sheehy, owner and operator of Winchester Montessori located on Parkins Mill Road stated her concerns: extra traffic this will bring on a narrow road; buffering does not appear to be adequate; safety for all involved. Mrs. Sheehy noted she is in favor of the soccer fields but more study needs to take place before this can go through. Chairman Wilmot called for anyone else who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Pettler concluded all concerns have been noted and he will be available after the meeting to talk with neighbors and citizens. Commissioner Unger said until more information is provided in regards to the number of people, better traffic calculations, and lighting he cannot fully support this Conditional Use Permit at this time. Commissioner Thomas stated he does not think this proposal is that bad; however, he is concerned with the amount of noise it will generate and is in support of requiring the 6 foot berm be added to the conditions. Frederick County Planning Commission Page 3208 Minutes of May 6, 2015 Commissioner Mohn stated the impacts are not nailed down enough for him to support. He is in favor of adding the 6 foot berm to the conditions of Conditional Use Permit. Commissioner Manuel noted he is in full support of this proposal and agrees with adding the 6 foot berm to the conditions. Commissioner Oates said he would like to see a fence put around the proposed property, especially the pond area. He also noted, to enhance security, the facility should be fenced and gated. Mr. Oates suggested BRYSA meet with all the neighboring property owners and fully discuss the buffering. Chairman Wilmot noted there have been some interesting ideas presented that should be considered and possibly adding them to the conditions of the Conditional Use Permit. Commissioner Thomas made a motion to table this Conditional Use Permit application for 45 days. This motion was seconded by Commissioner Ambrogi and passed by majority vote. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend tabling Conditional Use Permit #01-15 for Blue Ridge Youth Soccer Association for 45 days. (Note: Commissioners Triplett and Molden were absent from the meeting) Rezoning #01-15 Blackburn Commerce Center submitted by Stowe Engineering, PLC., to rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to MI (Light Industrial) District and 36.754+/- acres are to remain RA (Rural Areas) with proffers. The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37 and is identified by Property Identification Number 63 -A -80I in the Back Creek Magisterial District. Action — Recommend Approval with Proffer Change Commissioner Oates and Commissioner Marston would abstain from all discussion on this item for a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy presented an overview of the proposed application to rezone 92.066+/- acres of land from RA (Rural Areas) District to M1 (Light Industrial) District with proffers to accommodate industrial uses. Mr. Ruddy noted the property is located within the Sewer and Water Service Area (SWSA) and the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. He also shared the 2030 Comprehensive Plan and the Southern Frederick Plan provide guidance on the future development of this property. Mr. Ruddy explained with this rezoning, the applicant has proffered the project will contribute to the transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution for this general area. The application has addressed the concerns identified by the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an agreement that addresses the historical context of this rezoning. Frederick County Planning Commission Page 3209 Minutes of May 6, 2015 Mr. Ruddy provided an overview of the Proffer Statement included with the application for this rezoning: Allowed Uses: All of the uses permitted in the M 1 (Light Industrial) District would be allowed. A Generalized Development Plan (GDP) has been used to illustrate the location of the proposed landscape/greenspace/buffer area design features, the preservation of the pond area, and the location of the two entrances to the property. Access Management and Transportation: Dawson Drive and the existing entrance onto Apple Valley Road as the two entrances for the property. Participate in the cost of transportation improvements in the nearby area. The method for doing so is based upon a similar model used with the BPG rezoning application. The Applicant will contribute to Frederick County a maximum of Six Hundred and Twenty Five Thousand and 00/100 Dollars ($625,000). Payments shall be made prior to the issuance of a Certificate of Occupancy for all structures developed on the property. Site Development: Will develop the property with several building restrictions and landscape design features aimed at mitigating the impact of the project on the adjacent residential and historical properties. These include a maximum height limitation of sixty (60) feet for all structures for a distance of one thousand feet from Apple Valley Road, the screening of all loading docks from adjacent properties, and the provision of green space buffer areas between Apple Valley Road and the development including the existing pond and a green space buffer fifty (50) feet wide in the area along the zoning. Mitigating the he Impact of Development A cash contribution in the amount of $10,000 to be directed to Frederick County Fire and Rescue to assist in the capital facility needs of the fire and rescue associate with the development of the property. Mr. Ruddy elaborated on the transportation impacts associated with this rezoning. He explained the 2030 Comprehensive Plan identifies Shady Elm Road and Apple Valley Road as improved major Collector Roads. It has been recognized that Route 11 is an Arterial Road to be improved. Mr. Ruddy reported that as you head south of Route 37 on Shady Elm Road this is ultimately a planned road that serves the industrial growth in the area. Mr. Ruddy noted the applicant does not have the ability on their property or control of these properties to implement any of these improvements at this time, and in addition there are no specific projects underway that they could participate in. Mr. Ruddy noted a recent rezoning on the BPG Property took a very similar approach in regards to the transportation perspective. The same calculation was used on this rezoning based on the square footage of the building to be constructed to come up with a monetary contribution to be used for transportation improvements in the area. Mr. Tim Stowe, President of Stowe Engineering PLC, representing the Applicant addressed the Planning Commission. Mr. Stowe explained the Applicant is intending on following a business friendly approach with this rezoning. From a scheduling stand point they want to move rapidly Frederick County Planning Commission Page 3210 Minutes of May 6, 2015 with the development in order to have it ready for industries that may like to move in and develop the property. Mr. Stowe reported the Applicant has considered other factors such as the impacts on neighbors. He noted other factors that have been studied by the Applicant: Buffers around the pond on the property and along the M1 zoning line so the land will remain in its natural state; transportation has been heavily studied and the number of entrances will be limited; met with Kernstown Battlefield Association and have entered into an agreement. Mr. Stowe highlighted a few of the items in the agreement with Kernstown Battlefield Association: minimal reflective glass on any building constructed on the property; landscaping would be deciduous trees to the south and would be consistent with the character of the property in the 1860's; construct a bus pull off for visitors; may do relic hunting on the property prior to development. Mr. Stowe reiterated the goal of the applicant is to follow the business friendly approach. He also stated they feel there are benefits that will come to the County from this rezoning in the form of jobs, expanded industrial base of M1 land, and certainly tax revenue. Commissioner Kenney inquired will the entrance onto Apple Valley Road be the primary entrance. Mr. Stowe responded one of the challenges with the property is the wetlands. The wetlands and their location push the development of the property to the south end. They are anticipating approximately 50/50 split in the end and ultimately may be a little heavier on Dawson Drive. Commissioner Thomas noted it appears the proffer that includes the $625,000 is prorated based on the square footage being constructed and it will not be paid until the occupancy permit is issued, he inquired if this is correct. Mr. Stowe responded that is correct in the proffer. Mr. Thomas asked if the applicant would consider changing the proffer to providing the transportation funding when the construction permit is issued rather than the occupancy permit. Mr. Ruddy noted there is flexibility in regards to this proffer. On behalf of the Applicant, Mr. Stowe offered to modify the proffer statement to reflect that the transportation proffer be paid at issuance of the Building Permit rather than at issuance of the Certificate of Occupancy. Commissioner Thomas inquired if most traffic will be from trucks. Mr. Stowe noted that the majority of the traffic is projected to be from employees. Commissioner Unger requested comments be heard from Mr. john A. Bishop, Deputy Director — Transportation. Mr. Bishop gave a brief overview of the existing traffic problems in the area of the proposed rezoning. He noted the BPG rezoning was the same type of warehousing use and a very good comparison in terms of a cash proffer based on square footage which is used to calculate the number of trips on a TIA. Commissioner Kenney inquired in today's dollars what $625,000 gets the County. Mr. Bishop explained typically to signalize an intersection the cost is around $250,000. He also noted what makes this proffer attractive is the ability to receive matching revenue sharing dollars. Commissioner Thomas inquired what the process is to receiving revenue sharing funds. Mr. Bishop explained these are typically applied for as soon as a project begins to take shape. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. Frederick County Planning Commission Page 3211 Minutes of May 6, 2015 Mr. Bruce Dawson, owner of the adjacent industrial park came forward. He noted, although he is in favor of this rezoning his concern is the large truck traffic on Dawson Drive. He stated he would like to see traffic limited to strictly automobiles on the road. Mr. Paul Peters of Jordan Drive came forward to voice his concerns regarding this rezoning application. Mr. Peters noted his property is quite elevated, thus giving him full view of this property and the adjacent warehouse. He is concerned with: lighting from the structures that may be placed on the property; fear of another warehouse sitting vacant for years to come; another warehouse type structure will take away the residential appeal; the overall heritage of the area; impact it will have on the surrounding property values. Mr. Joshua Cohen spoke in opposition of the proposed rezoning. He noted the heritage that involves this property and feels it should remain residential. Chairman Wilmot called for anyone else who wished to speak regarding this rezoning. No one came forward and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Unger made a motion to recommend approval of this rezoning with a proffer change offered by the Applicant to modify the proffer statement to reflect that the transportation proffer be paid at issuance of the Building Permit rather than at issuance of the Certificate of Occupancy. This motion was seconded by Commissioner Thomas and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of REZ #01-15 Blackburn Commerce Center submitted by Stowe Engineering, PLC., to rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District and 36.754+/- acres are to remain RA (Rural Areas) with proffers. The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37 and is identified by Property Identification Number 63 -A -80I in the Back Creek Magisterial District. (Note: Commissioners Triplett and Molden were absent from the meeting) Rezoning #03-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MHl (Mobile Home Community) District to B2 (General Business) District with proffers and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately % miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55 -A -34A in the Redbud Magisterial District. Action — Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Deputy Director, Michael T. Ruddy reported the proposed application is to rezone a total of 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH 1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate Frederick County Planning Commission Page 3212 Minutes of May 6, 2015 commercial uses. Mr. Ruddy noted with this rezoning, the applicant has proffered this project will contribute to off-site pedestrian improvements based upon an increase in the intensity of the use of this site. Mr. Ruddy explained with a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts are limited to an extent. Commissioner Unger inquired as to the importance of a site plan in regards to the number of vehicle trips per day. Mr. Ruddy explained once the site plan is administratively approved by staff and VDOT, the number of trips is based on the square footage of the building/s placed on the property. Commissioner Crockett requested clarification of the proffer referencing 10' bike/hike trail. Mr. Ruddy noted the proffer applies when any development takes place on the site. Mr. Tim Stowe, President of Stowe Engineering PLC, representing the applicant noted a site of this size poses a challenge when developing. Commissioner Mohn suggested it would be helpful to incorporate a Generalized Development Plan (GDP) to give everyone a better perspective of the property. Chairman Wilmot called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the Public Hearing portion of the meeting. 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 REZ 403-15 MBC, LC summited by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MH1(Mobile Home Community) District to B2 (General Business) District with proffers and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately 3/4 miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55 -A - 34A in the Redbud Magisterial District. (Note: Commissioners Triplett and Molden were absent from the meeting) ACTION ITEM — (Informational/Discussion Item) Master Development Plan 402-15 Blackburn Commerce Center, submitted by Stowe Engineering, P.L.C., to develop 139.96 acres of land zoned RA (Rural Areas) and MI (Light Industrial) District with industrial uses. The subject properties are located adjacent to Dawson Drive, Apple Valley Road and are identified by Property Identification Numbers 63 -A -80I and 63 -A -38C in the Back Creek Magisterial District. Action — Recommend Approval of Waiver Commissioner Oates and Commissioner Marston would abstain from all discussion on this item for a possible conflict of interest. Frederick County Planning Commission Page 3213 Minutes of May 6, 2015 Senior Pianner, Candice E. Perkins presented an overview of the proposed MDP #02-15 Blackburn Commerce Center. Ms. Perkins explained the applicant is requesting to utilize private roads within the Blackburn Commerce Center development; therefore, a waiver of § 144-24C of the Frederick County Subdivision Ordinance to allow the subdivision of lots on private roads has been requested. Ms. Perkins noted the Master Development Plan for the Blackburn Commerce Center depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. She explained this MDP is in a form that is administratively approvable once Rezoning #01-15 for the Blackburn Property is approved and if the requested waiver for private streets is approved. Upon motion made by Commissioner Thomas and seconded by Commissioner Mohn BE IT RESOLVED the Frederick County Planning Commission does hereby unanimously recommend approval of a waiver of § 144-24C of the Frederick County Subdivision Ordinance to allow the subdivision of lots on private roads within the Blackburn Commerce Center development. (Note: Commissioners Triplett and Molden were absent from the meeting.) ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Kenney and unanimously passed. The meeting adjourned at 9:05 p.m. Respectfully submitted, Jude ilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 3214 Minutes of May 6, 2015