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PC 05-21-14 Meeting Minutes Frederick County Planning Commission Page 3098 Minutes of May 21, 2014 MEETING 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 21, 2014. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney; and John David Smith, Jr., City of Winchester Liaison. ABSENT: Gary R. Oates, Stonewall District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee S. Arlotta, Clerk. ----------- CALL TO ORDER Chairman Wilmot called the May 21, 2014 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 Crockett and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- COMMITTEE REPORTS Comprehensive Plans & Programs Committee (CPPC) – 5/12/14 Mtg. Commissioner Mohn reported the CPPC discussed the McCann-Slaughter Comprehensive Plan amendment, which is on the Commission’s agenda this evening for discussion. Frederick County Planning Commission Page 3099 Minutes of May 21, 2014 ------------- Sanitation Authority – 5/20/14 Mtg. Commissioner Unger stated the Sanitation Authority reported a total customer base for water of 14,077; total customer base for sanitary of 13,592; May rainfall was 3.06 which is average; water production at the Diehl Plant was 2.7mgd; water production at the Anderson Plan was 1.7mgd; purchased .74mgd from the City of Winchester; daily average use was 5.18mgd which is normal; the Diehl quarry is down about one foot; the Anderson quarry is up about one foot; the Parkins Mill Plant continues to have a nitrogen problem due to discharge from the Hood Plant; and water leaks were reported at 8%. A water well test at Clearbrook is not producing as they had hoped. Commissioner Unger also reported the Sanitation Authority held their election of officers and the same officers were re-elected; however, one new member was added, Mr. George Michael (Mike) Cundiff, replaced Mr. Richard Ruckman. -------------- City of Winchester Planning Commission -5/20/14 Mtg. Mr. John David Smith, Jr., Commissioner with the City Planning Commission, reported the Commission discussed a CUP (Conditional Use Permit) for the conversion of ground-floor, non- residential use to residential; considered a CUP for the Winchester SPCA for an animal shelter; considered a CUP for extended stay in Old Towne; and the major item currently being discussed is an amendment to the Comprehensive Plan for the new John Kerr Elementary School. Mr. Smith said there will be an open house meeting concerning the school tomorrow evening, Thursday, May 22, 2014 at City Hall on the fourth floor. ------------- 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 wished to speak and Chairman Wilmot closed the Citizen Comments portion of the meeting. ------------- PUBLIC HEARING UDA Centers and the 2030 Comprehensive Plan – The Planning Commission will discuss a proposed amendment to the 2030 Comprehensive Plan; Frederick County UDA (Urban Development Area) Centers, and the 2030 Comprehensive Plan. This amendment is a follow up to and in support of, the UDA Center Design Cabinet Report and the draft Traditional Neighborhood Design (TND) Ordinance discussion. The proposed amendment continues to consolidate and Frederick County Planning Commission Page 3100 Minutes of May 21, 2014 reinforce the UDA Center discussion within the 2030 Comprehensive Plan and further strengthens sound planning principles within the County’s urban areas. The aim of this proposed amendment is to illustrate why UDA Centers in Frederick County are important and to highlight who would benefit from living in these strategic growth areas. The proposed amendment would be inserted into the Plan within Chapter 1, Urban Areas. Action – Recommended Approval by Majority Vote Deputy Planning Director, Michael T. Ruddy, reported the proposed amendment was initiated by the Comprehensive Plans and Programs Committee (CPPC) as a result of the ongoing effort and discussion of this subject at various work sessions and at the Planning Commission’s 2014 Retreat. Mr. Ruddy said the Urban Center Design Cabinet Report, which was accomplished by a group of individuals who were looking at the potential for the identified locations, and the Traditional Neighborhood Design (TND) Ordinance, which would implement the goals for the UDA Centers, were the catalysts for this proposed amendment. He noted the CPPC discussed this proposed amendment at their March 10, 2014 meeting and expressed support for the amendment and the overall UDA Center and TND effort. Thereafter, the Planning Commission discussed this in April and the Board of Supervisors endorsed moving this through the public hearing process. Mr. Ruddy next provided an overview of frequently-asked questions of “why” Urban Development Centers and “who” would the Urban Development Centers benefit. Mr. Ruddy said UDA Centers are an integral part of the overall growth management strategy for Frederick County within the urban areas. He said the County’s planning efforts enable residents, both current and future, recent graduates, and recent retirees, to choose from an array of housing types that suit their needs and provide affordable housing opportunities. Implementation of this effort will ensure that needs of all residents are met. Mr. Ruddy continued, reviewing the three main policies: Policy #1 – As Frederick County continues to grow, it is essential the vision of the Comprehensive Plan for the Urban Areas meets expected growth of the community in a sustainable manner; growth should primarily be focused within the Urban Areas. Policy #2 – More intensive development should be focused in the UDA Centers, particularly meeting the residential needs of the young adults, the retirement generation, and the workforce needed for business development. Policy #3 – UDA Centers, located at strategic locations within the urban areas, should absorb a portion of the anticipated community growth with the maximum efficiency and effectiveness and be attractive to young adults and the newly retired. Mr. Ruddy said a variety of implementation steps are included within the amendment. Mr. Ruddy explained the UDA Centers and the Urban Areas is a discussion that occurs throughout the Comprehensive Plan and occurs in many locations within the plan. However, this particular amendment seeks to place it in one spot, to highlight it, and to reinforce Frederick County’s planning efforts with regards to urban areas. Commissioner Dunlap commented that he supported this amendment and believed it will take Frederick County to the next level. He said the County has already identified those urban areas where they want growth to occur and this amendment provides greater flexibility as far as how these areas are to be developed. He stated this offers great design flexibility in regards to various types of housing intermixed with commercial which could help to create areas within Frederick County that are walkable, sustainable, and would offer opportunities for people of all ages. Commissioner Dunlap said it’s noted in Frederick County Planning Commission Page 3101 Minutes of May 21, 2014 the report that Frederick County would like to keep its youth and this is also a growing area for retirees. He believed this was a step in the right direction. Chairman Wilmot stated that during the many times this was discussed, there was some sense that this particular effort is not one that’s going to be accomplished in a short period of time. Chairman Wilmot suggested that somewhere within the document, it should state this is a long-term proposal for the County. Mr. Ruddy said the 2030 Comprehensive Plan looks out into the future a good number of years and this goes beyond that time period. Chairman Wilmot next opened the public hearing portion of the meeting and called for anyone in the audience who wished to speak regarding the proposed amendment. The following person came forward to speak: Mr. Allen Morrison, a resident of the Gainesboro District, said the wording about “strengthening sound planning principles” bothered him because he assumed the Planning Department would have been doing this all along. Mr. Morrison commented that when the core function of the department is reiterated within the document, it made him wonder if the authors were trying to convince themselves or the public. He understood there needed to be a county-wide plan and work to accomplish it; but he believed the County is working on things universities are teaching as the best way. He mentioned a key word used, “sustainable;” however, he said it brings to mind another word, “stack and pack.” Mr. Morrison said his biggest concern comes when citizens are no longer allowed to live the lives they have chosen simply because it no longer fits the mold that our sustainable planning has made as the primary goal. He wondered whether the citizens of Frederick County are being led down a path where they will have to give up freedoms and liberties just to maintain this high-density, highly efficient housing model. Mr. Morrison said this is not the model that most people who moved to Frederick County and who have lived in this county for many years would have chosen. He added this will be a dramatic and fundamental change to the way Frederick County people are asked to live. No one else wished to speak and Chairman Wilmot then closed the public comment portion of the hearing. No other comments were made by Commission members. Commissioner Thomas made a motion to recommend approval of the proposed amendment to the Frederick County UDA Centers and the 2030 Comprehensive Plan. This motion was seconded by Commissioner Dunlap and was passed by a majority vote. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the Frederick County UDA (Urban Development Area) Centers, and the 2030 Comprehensive Plan. This amendment is a follow up to and in support of, the UDA Center Design Cabinet Report and the draft Traditional Neighborhood Design (TND) Ordinance discussion. The proposed amendment continues to consolidate and reinforce the UDA Center discussion within the 2030 Comprehensive Plan and further strengthens sound planning principles within the County’s urban areas. The aim of this amendment is to illustrate why UDA Centers in Frederick County are important and to highlight who would benefit from living in these strategic growth areas. The amendment will be inserted into the Comprehensive Plan within Chapter 1, Urban Areas. Frederick County Planning Commission Page 3102 Minutes of May 21, 2014 The vote was as follows: YES (TO REC. APPROVAL): Unger, Marston, Crockett, Thomas, Molden, Kenney, Dunlap, Mohn, Wilmot NO: Ambrogi, Manuel, Triplett (Note: Commissioner Oates was absent from the meeting.) ------------- Consideration of the establishment of the Green Springs Agricultural and Forestal District. This proposed district contains 385.63+ acres within two parcels located in the Gainesboro Magisterial District. The parcels are fronting Glaize Orchard Road (Rt. 682) to the south and Green Springs Road (Rt. 671) to the east. The parcels are further identified by P.I.N.s 21-A-25 and 21-A-36. Action – Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported this is a proposal for a new Agricultural and Forestal District, to be known as the Green Springs Agricultural and Forestal District. Mr. Cheran said the proposed district contains 385.63+ acres within two parcels; the two parcels are zoned RA (Rural Areas); and the surrounding properties are also zoned RA. He noted the predominantly agricultural operations in the proposed district are 40 percent agriculture (livestock and crop harvesting) and 60 percent open-space/woodlands, and the area within the proposed district is rural in nature. Mr. Cheran stated the Agricultural District Advisory Committee (ADAC) met on April 21, 2014 and unanimously recommended the creation of a new Agricultural and Forestal District. Chairman Wilmot opened the public hearing to citizen comments and called for anyone who wished to speak to please come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No questions or issues were raised by the Planning Commission. Commissioner Thomas made a motion to recommend approval of the creation of the new Green Springs Agricultural and Forestal District. This motion was seconded by Commissioner Triplett and was unanimously approved. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the establishment of the Green Springs Agricultural and Forestal District. This proposed district contains 385.63+ acres within two parcels which front along Glaize Orchard Road (Rt. 682) to the south and Green Springs Road (Rt. 671) to the east. The parcels are further identified by P.I.N.s 21-A-25 and 21-A-36 in the Gainesboro Magisterial District. (Note: Commissioner Oates was absent from the meeting.) ------------- Frederick County Planning Commission Page 3103 Minutes of May 21, 2014 Consideration of an addition to the South Timber Ridge Agricultural and Forestal District. The proposed addition contains a total of 85+ acres within one parcel and is located in the Gainesboro Magisterial District. This parcel is located along Hollow Road (Rt. 707) to the north, and Muse Road (Rt. 610) and Gold Orchard Road (Rt. 798) to the east. The parcel is further identified with P.I.N. 26-A-49. Action – Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported this is a proposal to increase the South Timber Ridge Agricultural and Forestal District with one 85+-acre parcel. Mr. Cheran said this district presently contains 15 parcels and consists of 883+ acres; the proposed addition will be one parcel containing 85+ acres. He said if this addition is approved, the resulting district will contain a total of 968+ acres, to be managed by the same property owner. Mr. Cheran noted the proposed parcel is zoned RA (Rural Areas) and the surrounding properties are also zoned RA. He pointed out the predominantly agricultural operations in the district are 90 percent agriculture (orchard and crop harvesting) and 10 percent open-space/woodlands, and the area within the district is rural in nature. Mr. Cheran stated the Agricultural District Advisory Committee (ADAC) met on April 21, 2014, and unanimously recommended this increase to the South Timber Ridge Agricultural and Forestal District. Chairman Wilmot opened the public hearing to citizen comments and called for anyone who wished to speak to please come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No questions or issues were raised by the Planning Commission. Commissioner Thomas made a motion to recommend approval of the addition to the South Timber Ridge Agricultural and Forestal District. This motion was seconded by Commissioner Triplett and was unanimously approved. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the addition to the South Timber Ridge Agricultural and Forestal District. This proposed addition contains 85+ acres within one parcel located along Hollow Road (Rt. 707) to the north and Muse Road (Rt. 610) and Gold Orchard Road (Rt. 798) to the east. The parcel is further identified with P.I.N. 26-A-49 in the Gainesboro Magisterial District. (Note: Commissioner Oates was absent from the meeting.) ------------- An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article VIII – Development Plans and Approvals, Part 801 – Master Development Plans, Section 165-801.03 Waivers. The proposed revision will allow for a waiver of the Master Development Plan requirement, if an applicant chooses to process a detailed site plan in lieu of a Master Development Plan. Action – Recommended Approval Frederick County Planning Commission Page 3104 Minutes of May 21, 2014 Senior Planner, Candice E. Perkins, reported this amendment is a proposed addition to the master development plan (MDP) requirements and provides the opportunity for applicants to process a detailed site plan in lieu of a MDP. Ms. Perkins explained it simply removes a step in the process, if an applicant knows exactly what they plan to do with their property. She noted this waiver addition is in response to the Business-Friendly Committee recommendations that came out in 2012. Ms. Perkins said the Development Review & Regulations Committee (DRRC) reviewed the MDP requirements at their October 2013 and January 2014 meetings and they forwarded a recommendation for the waiver option; the Planning Commission discussed the amendment at their meeting on April 2, 2014. She said the Board of Supervisors discussed the amendment on April 23, 2014, and at that meeting, sent it forward for public hearing. Ms. Perkins said this is a public hearing item and the staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. Chairman Wilmot opened the public hearing and called for anyone in the audience who wished to speak to please come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No questions or issues were raised by the Planning Commission. Commissioner Thomas made a motion to recommend approval of the MDP waiver. This motion was seconded by Commissioner Crockett and was unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of an Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article VIII – Development Plans and Approvals, Part 801 – Master Development Plans, Section 165-801.03 Waivers. The proposed revision will allow for a waiver of the Master Development Plan requirement, if an applicant chooses to process a detailed site plan in lieu of a Master Development Plan. ------------- INFORMATION/ DISCUSSION ITEMS Discussion of a Comprehensive Plan Amendment for the McCann-Slaughter Property. This draft amendment to the Northeast Frederick Land Use Plan (NELUP), an area plan contained within Appendix I of the 2030 Comprehensive Plan, is presented to the Planning Commission as a discussion item. The McCann-Slaughter parcels contain approximately 160 acres, near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road and adjacent to the CSX Railroad. The properties are collectively designated in the 2030 Comprehensive Plan for various types of land uses, including Developmentally Sensitive Areas and Industrial. The proposal would allow mixed use office manufacturing land uses on a portion of the property. No Action Required Deputy Planning Director, Michael T. Ruddy, reported the McCann-Slaughter parcels contain approximately 160 acres and are collectively designated within the 2030 Comprehensive Plan for various types of land uses, including Developmentally Sensitive Areas (DSA) and Industrial. He said it is identified with the DSA because of an environmental feature, Hiatt Run, its associated floodplain, and in addition, there are historical components: Stephenson’s Depot is in the general area, the northern part of Frederick County Planning Commission Page 3105 Minutes of May 21, 2014 the property connects to Milburn Road and the Milburn Road corridor, reinforcing the existing conservation easements and the historical character of the area. Mr. Ruddy said the request is to re- evaluate the property to see if the land use designation could change to allow some sort of development to occur. Mr. Ruddy said the applicant had requested the OM (Office-Manufacturing) designation, while still recognizing the DSAs identified, the environmental features, such as the floodplain, and the identified Stephenson Depot primary and secondary areas. In addition, south of McCanns Road, the larger portion of the property is bisected by future Route 37; furthermore, south of Route 37 is already identified with an industrial and M1 land use designation. Essentially, the area in question is the area north of future Route 37 on both sides of McCann Lane, approximately 160 acres east of Route 11 North and south of Old Charlestown Road. The applicant had made the request, the Board of Supervisors supported the evaluation of the land use study, and the Comprehensive Plan Committee worked in conjunction with the Historic Resources Advisory Board, who also reviewed this particular request on a couple of occasions, to come up with an approach to the future land use. The intent of the Comprehensive Plan Committee was to find a balanced approach which looked at future land uses and also recognized those items identified as developmentally sensitive areas. Mr. Ruddy provided a proposed updated map and revised text that would be placed within the Northeast Land Use Plan (NELUP). He made note of the following key points: 1) protection of the environmental features of the site; 2) preservation of those areas identified with DSA’s and development limited to those areas to the south of the DSA’s and south of McCann’s Road; 3) utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area); 4) an OM (Mixed Use Office/Industrial) land use designation; and 5) access to be provided via a new north-south road that would generally be parallel to the west side of the existing railroad; this road would connect into proposed development to the south; no access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Mr. Ruddy stated that with this request, the area is balanced with the development and still maintains the Milburn Road historical area and the conservation area to the east. He added the Historical Resources Advisory Board’s (HRAB) recommendation was not to change any of the land use there. Mr. Ruddy said the Comprehensive Plan Committee, in recognition of the HRAB’s involvement and recommendation, wanted to reach out to see if this could be balanced or refined even further. Therefore, additional discussion took place at the Comprehensive Plan meeting last Monday evening to consider some of those other points that could be included within the text to make the land use and DSA balance work to a higher level and be more sensitive. As a result, some additional points were created and include: 1) providing a small area of supporting commercial land use; 2) providing interpretive wayside parking at the north end of the road (may be done in conjunction with commercial); 3) provide a buffer zone between the DSA and OM land use (environmental BMP’s and site design elements); and 4) provide historical signage. Commissioner Crockett commented this was a very interesting concept because of the many geographical, environmental, and historical aspects of the property, many of which have competing interests with each other. He stated there has been a considerable amount of discussion between all of the stake holders including the Comprehensive Plan Committee, the HRAB, and the environmental representatives. Commissioner Crockett believed all of the stakeholders have come up with a reasonably balanced approach for the use of this land and he believed they have done a good job. Frederick County Planning Commission Page 3106 Minutes of May 21, 2014 Referring to the updated language, Commissioner Mohn asked if the 50-foot buffer for McCann’s Lane was intended to be a total buffer corridor of 50 feet with 25 feet on either side; he said the language implies 50 feet adjacent. Commissioner Mohn commented this was a point of discussion last week with members of the HRAB. Mr. Ruddy replied this was discussed in detail on Wednesday afternoon and it was meant to be 50 feet from the centerline; however, more importantly, the discussion revolved around what type of buffering or screening should be done in the area. Mr. Ruddy said there was recognition of just leaving it natural, which simply ensures there is no vehicular access up and down, so it maintains its existing character. While at the same time, there may be some areas, if new development is occurring on the north and south, that could be enhanced with some landscaping or view shed to help work that out. Mr. Ruddy said while 50 foot had been discussed and it would be roughly from the centerline, he believed the intent was to be very flexible with what the buffering would be in that particular area to maintain the existing character of McCann’s Lane. Commissioner Mohn believed that made sense and was a good compromise. Commissioner Mohn wanted to be sure that if the suggestion is for 50 feet total, it may be best to clarify that it is “25 feet on either side, measured from the centerline,” if it is a minimum so there is no misinterpretation of something more. Commissioner Thomas commented that 50-foot didn’t seem wide enough for a road. Commissioner Mohn pointed out there would be no road improvement there; it is an existing gravel road within a prescriptive easement, so the idea would be to essentially preserve it as a pedestrian/bicycle trail in its existing condition. Commissioner Mohn clarified it would be preserving a 50-foot corridor in total; he said this is how he interpreted it and how it was discussed at the meeting. He said it was a means of alternative access and wasn’t intended to be any wider than it needed to be to facilitate that connection. Commissioner Thomas asked if the HRAB was in favor of 50 feet. Mr. Ruddy replied that the HRAB’s recommendation was not to change the land use in any way, shape, or form. Mr. Ruddy said when this was discussed with members of the HRAB on Wednesday, there was general support for all of the items listed; however, the HRAB as a whole did not consider the 50 feet. Mr. Ruddy said this will go back to the HRAB to let them know where the discussion is going. Commissioner Mohn stated if Milburn Road is the key element, based on all the prior planning documents and from an HRAB perspective, the Comprehensive Plan Committee thoroughly considered it in terms of a compromise. He said their goals were to preserve what’s important and get some balanced elements involved, but allowing the appropriate form of development to go forward eventually, as well. Chairman Wilmot believed what the staff and the two committees have accomplished was super and a good compromise for all the interested parties. There were no further issues of discussion and Mr. Ruddy said he would forward the Commission’s comments on to the committee and the Board of Supervisors. -------------