PC 11-04-15 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 November 4, 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; J. Rhodes Marston, Back Creek District; Charles
F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro
District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney; Robert Hess,
Board of Supervisors Liaison.
ABSENT: None
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; Mark R. Cheran, Zoning and Subdivision Administrator; and
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the November 4, 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 Crockett, the
Planning Commission adopted the minutes of their October 7, 2015 meeting.
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Minutes of November 4, 2015
COMMITTEE REPORTS
Transportation Committee — Mtg. 10/26/15
Commissioner Oates reported discussion was held on a request from Trex for Industrial
& Developmental access funds, the committee was supportive and Trex will be applying for this on their
own. Mr. Oates also reported a discussion was held regarding the current revenue sharing projects:
$500,000 for the balance of funds required to finish the Route 37/Route 11 North exit 317 study;
$550,000 which is the balance to complete the right-of-way for Renaissance Drive; $9 million for the
Juba] Early extension project.
City of Winchester Planning Commission — Mtg. 11/03/15
Commissioner Fieo reported there was not a public meeting held in October. He
continued the Members held a work session to begin discussion on a rezoning request to apply the
Corridor Enhancement District to approximately 110 parcels comprising land and buildings along
Millwood Avenue.
Board of Supervisors Report — Mtg. 10/28/15
Board of Supervisors' Liaison, Supervisor Robert Hess, reported prior to the regular
meeting the Board of Supervisors held a work session with the Economic Development Authority.
Supervisor Hess then noted the Planning items that were discussed: approval of the Transportation
Committee recommendation to improvements at the Shawnee Drive/ Valley Pike intersection and
inclusions to House Bill 2; approval for a CUP #02-15 for a kennel on Barley Lane; approval for REZ
905-15 Hiatt Run Condos; REZ #09-15 Artillery Business Center was tabled until November 12, 2015 at
the applicants request. Supervisor Hess reported the following items were also discussed: Site plan for I-
81 Distribution Park due to the location in the proposed path of Route 37; Agreement to move forward to
Public Hearing the proposed Ordinance Amendments regarding the supplementary use regulation setback
extension; Approved a resolution supporting rail access funding for an application by Trex; Adopted a
resolution in support of the application for revenue sharing funds. Supervisor Hess concluded there was
no public comment on these items.
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.
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PUBLIC HEARING
Rezoning #06-15 Opequon Crossing submitted by Pennoni Associates, to revise proffers associated
with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the monetary
transportation credits. The properties are located south of the existing terminus of Eddys Lane
(Route 820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are
identified with Property Identification Numbers 55 -A -210,55-A-212, and 55 -A -212A in the Redbud
Magisterial District
Action — Recommend Approval
Commissioner Manuel would abstain from all discussion on these items for a possible
conflict of interest.
Deputy Director Transportation, John A. Bishop reported this zoning request will be
combining two previous rezonings, the Opequon Crossing and the Haggerty rezoning. Mr. Bishop noted
this current rezoning is to modify the proffers to enable transportation credits. Mr. Bishop continued, in
2014 the Board of Supervisors adopted policy (approved for 2 years) to allow for the value of proffered
transportation improvements that are over and above what is needed to mitigate the impacts of the
development. Mr. Bishop briefly summarized the transportation credits for this rezoning:
• Route 37 right-of-way
• Haggerty Boulevard alignment and associated Route 7 improvements
• Route 37 turn lanes
• Reduction in units from 625 to 574, all reduced units are multifamily
Mr. Bishop offered to address any questions at this time. He noted this is the first time
this policy has been enacted and after lengthy discussions with the applicant, Staff feels the credit values
are appropriate at this time.
Commissioner Thomas noted when reading through the proffers regarding transportation
the first few proffers have a timeframe attached and the rest do not. He inquired if this is accurate. Mr.
Bishop explained those parts of the proffer are consistent with the previous two rezonings and this action
is to seek out the credits and the reduction of units. He noted the rest of the language in the proffers was
left untouched.
Mr. Patrick Sowers of Pennoni Associates Inc. came forward on behalf of the applicant.
Mr. Sowers reiterated this is composed of multiple rezonings. He presented a brief overview of each of
the existing rezonings. He explained in 2013 the property owner did get a proposal for the construction of
Haggerty Boulevard (the spine road). He continued, what the applicant is trying to accomplish is to take
the transportation credit policy adopted in January 2014, combine the entire project under one rezoning
application and under the current proffer model for the entirety of the project and then apply the
transportation credits after everything is brought under the current model. Mr. Sowers elaborated on how
the credits are determined. He reviewed the existing proffers for the Haggerty property and the proffers
for the Adams property. Mr. Sowers explained the existing proffer amounts for the Haggerty portion of
this rezoning are $10,211.00 for detached residential and $8,051.00 for attached residential. Mr. Sowers
noted the existing proffers for the original Opequon portion are $26,664.00 for detached residential and
$18,441.00 for attached residential. Mr. Sowers reported the current Development Impact Model (DIM)
projects capital facility impacts of $19,583.00 for detached residential and $13,437.00 for attached
residential. He noted this is the amount that would be applied as a starting point before credits for the
entire development. Mr. Sowers provided a basic description of what is eligible for transportation credits.
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Minutes of November 4, 2015
He explained it is basically what goes above and beyond what it takes to mitigate the impacts of the
project.
Mr. Sowers discussed the spine road, noting in order to implement the County's long
range land use plan and transportation plans, the spine road has to align with the future ramps for Route
37, which will be very costly. Mr. Sowers clarified the applicant is not proposing an alternative
alignment. Mr. Sowers provided a visual profile of Haggerty Boulevard and reviewed the extensive
construction process that will have to take place. He discussed the transportation credits calculation as
follows:
1.
Route 37 right-of-way
600,000.00
2.
Haggerty Blvd. location to suite future
687,090.00
General Government
Route 37 on/off ramps
$770
3.
Route 7 eastbound left turn lane
50,266.80
4.
New Route 7 pavement and
328,806.32
Parks and Recreation
Demolition of existing Route 7 pavement
56,908.80
5.
Maintenance of traffic
250,000.00
6.
Relocation of force mains
121,352.00
Total transportation credit value: 2,094,423.90
Per unit value (based on 574 dwelling units) 3,648.00
Mr. Sowers reviewed the proffer revision submitted by the applicant with the following
contributions to address the capital facility impacts. He noted the amount has changed for parks and
recreation due to this project including a community center, community pools, and asphalt trails which
are all included in a proffer.
Mr. Sowers presented a brief overview of the additional proffer modifications associated
with this rezoning application:
• Reduction of maximum dwelling units from the currently approved 625 to 574,
all of which are single family attached
• Removal of the right-of-way dedication of the east/west collector road previously
planned to go to Valley Mill Road
• Removal of a section of Haggerty Blvd. extending south to the property line
within the Route 37 right -or -way area
• Addition of the ability to use Transfer of Development Rights as an option to the
monetary proffers
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Single Family Detached
Single Family Attached
Fire and Rescue
$446
$298
General Government
$1,118
$770
Public Safety
$0
$0
Library
$360
$248
Parks and Recreation
$0
$0
Schools
$14,108
$8,716
TOTAL 1
$16,031
$10,032
Mr. Sowers presented a brief overview of the additional proffer modifications associated
with this rezoning application:
• Reduction of maximum dwelling units from the currently approved 625 to 574,
all of which are single family attached
• Removal of the right-of-way dedication of the east/west collector road previously
planned to go to Valley Mill Road
• Removal of a section of Haggerty Blvd. extending south to the property line
within the Route 37 right -or -way area
• Addition of the ability to use Transfer of Development Rights as an option to the
monetary proffers
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Commissioner Thomas inquired some of the proffers have a time frame associated with
them, when would the applicant propose the rest of the proffers that do not have a time frame allotted be
obligated to a time. Mr. Sowers commented regarding transportation credits: the Route 37 right-of-way,
it is triggered within 90 days by proffer; other portions they are seeking credits on, it is only Haggerty
Blvd. that enters the site and that has to be built before the initial building permit can be issued. Mr.
Sowers noted the applicant is not seeking any credits for any built improvement that would not be
triggered by the County requesting it or constructed initially complete. Commissioner Thomas requested
confirmation that Route 37 interchange is all linked to the construction of Haggerty Blvd. Mr. Sowers
noted that is correct.
Commissioner Dunlap requested clarification regarding the alignment of the alternate
road, why the alignment was chosen as it appears to go through the water treatment plant property. Mr.
Sowers explained the alignment for current Haggerty Blvd. went through what used to be the Service
Authority property that was negotiated to provide the right-of-way. He continued the alignment shown as
the alternative reflects the existing improvements for the Service Authority.
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 Thomas asked is it reasonable to expect the alternate alignment route
shown would have been obtainable from the Service Authority. Mr. Bishop noted that is a reasonable
statement.
Commissioner Oates noted he is not in favor of this project. He continued there is only
one way in and one way out after it is built and it will drastically affect Route 7. He commended Mr.
Sowers on the preparation and presentation of this project.
turn supportive.
Commissioner Dunlap commented he feels this project has vastly improved and he is in
Upon motion made by Commissioner Mohn and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #06-15 Opequon Crossing submitted by Pennoni Associates, to revise proffers
associated with Rezoning #04-07 and Rezoning #12-07. This revision relates specifically to the monetary
transportation credits. The properties are located south of the existing terminus of Eddys Lane (Route
820) approximately south of Route 7 and adjacent to Opequon Creek. The properties are identified with
Property Identification Numbers 55-A-210, 55-A-212, and 55 -A -212A in the Redbud Magisterial District
INFORMATION/ DISCUSSION ITEM
Subdivision Request #07-15 for Regents Crest, submitted by Painter -Lewis, P.L.C., is requesting 42
townhouses and 24 single family small lots. The property is located on North Frederick Pike (Route
522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood. The
properties are identified with Property Identification Numbers 53-6-1-1, 53-6-1-2,53-6-1-3, 53-6-1-4,
53-6-1-5, 53-6-1-6,-53-6-1-7, 53-6-1-8, 53-6-1-9, 53-6-1-10, 53-6-1-11, 53-6-1-12, 53-6-1-13, 53-6-1-14,
53-6-1-15,-53-6-1-16, 53-6-1-17, 53-6-1-18, 53-6-1-19, 53-6-1-20, 53-6-1-21, 53-6-1-22, 53-6-1-25, 53-
6-1-26, 53-6-1-27, 53-6-1-28, and 53-6-1-28C in the Stonewall Magisterial District.
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Zoning and Subdivision Administrator, Mark R. Cheran reported the property is currently
zoned RP (Residential Performance) and is vacant. He continued this property is subject to Master
Development Plan (MDP) 402-03 knows as Regents Crescent that was approved by the Frederick County
Board of Supervisors on September 8, 2014. Mr. Cheran explained the MDP was approved for 28 single
family detached cluster and 42 townhouse lots on 8.77+/- acres of RP (Residential Performance) zoned
land. It also included a property that was zoned B2 (General Business) fronting North Frederick Pike.
Mr. Cheran noted the prior owner started infrastructure on the properties to include roads, water and
sewer lines, and sidewalks. Mr. Cheran highlighted the most significant change is some of the units will
not be built and will now be open space.
Mr. Cheran reported this proposed subdivision will enable the current owner to subdivide
this 9 +/- acre parcel into 42 townhouses and 24 single family small lots for a total of 66 lots with open
space. He continued the B2 property fronting North Frederick Pike will not be included with this
subdivision. Mr. Cheran concluded this project will be served by a private road which will access the
public road known as Trafalger Square.
There were no questions or comments from the Planning Commission at this time.
OTHER
Annual Review of the Planning Commission Bylaws and the Roles and Responsibilities
Director, Eric R. Lawrence reported each year the Bylaws, Roles, and Responsibilities
are presented for review. He is asking everyone to review them and provide any comments or feedback
to him within the next few weeks. These will be presented at the December 2, 2015 meeting.
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,
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Minutes of November 4, 2015