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PC 07-16-14 Meeting Minutes Frederick County Planning Commission Page 3120 Minutes of July 16, 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 July 16, 2014. 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; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney; and Robert Hess, Board of Supervisors; Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee S. Arlotta, Clerk. ----------- CALL TO ORDER Chairman Wilmot called the July 16, 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 Oates and seconded by Commissioner Crockett, 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 unanimously adopted the minutes of their June 18, 2014 meeting. ------------- Frederick County Planning Commission Page 3121 Minutes of July 16, 2014 COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) – 7/15/14 Mtg. Commissioner Unger reported the following from the FCSA meeting: Total customer base for water is 14,124; sanitary is 13,639; rainfall for June was 2.5; the previous month was 5.1; average rainfall is 3.26 per month; use at the Diehl plant was 2.9mgd; use at the Anderson plant was 1.7mgd; 1.36mgd was purchased from the City of Winchester; the daily average use was 5.95. The Diehl plant dropped about two feet last month, but continues to be in good shape; the Anderson plant remained at the same level; water loss last month was 18%; a few leaks were found and now water lost is about 17%. A report was provided concerning Stephens City and some of the problems involving basement flooding in Fredericktowne and The Pines. The cause was determined to be old water and sewer lines and water infiltration through some of the manholes. Research is being conducted to determine the best ways to fix the problems. ------------- Southern Frederick Land Use Plan Working Group Chairman Wilmot reported the Southern Frederick Land Use Plan Working Group held a public input meeting on Tuesday, July 1, at the Robert E. Aylor Middle School. She reported there will be a Joint Planning Commission and Board of Supervisors Work Session on Tuesday, August 12, at 12:00 Noon in the County Administration building. -------------- Board of Supervisors Report – 6/25/14 & 7/09/14 Mtgs. Board of Supervisors’ Liaison, Supervisor Robert Hess, reported there were five Planning Commission items considered at the June 25 meeting: the Board approved the revisions to the DIM (Development Impact Model); a public hearing amending the Comprehensive Plan to include additional language regarding the UDA centers was held and although there appeared to be general recognition of the diligent work of staff and the Planning Commission, on a split vote the Board declined to approve this amendment at this time. Next, on a split vote, the Board approved the CUP (conditional use permit) for the kennel on Laurel Grove Road. Supervisor Hess said following discussion, the Board voted to move forward to public hearing the expansion of the SWSA (Sewer & Water Service Area) for the property north of LFCC (Lord Fairfax Community College) with the understanding that the FCSA (Frederick County Sanitation Authority) would be the provider of service for that area. Also moved forward for public hearing was the McCann-Slaughter Properties amendment to the Comprehensive Plan. Regarding the meeting on July 9, Supervisor Hess reported the following items: the amendment to the County Code to remove the requirement that R5 Communities must be age-restricted to qualify for private roads. He said the Board seemed pleased with the Planning Commission adding the requirement of specific VDOT (Virginia Department of Transportation) standards and the amendment was approved on a split vote. Next, was the public hearing on reducing the setback requirements for multi-family residential buildings and on a split vote, the reduction was not approved; the Board received Planning Commission reports on the MDPs (Master Development Plan) for Madison Village, Clearbrook Frederick County Planning Commission Page 3122 Minutes of July 16, 2014 Business Center, and Snowden Bridge Station with few comments or questions. Finally, the Board discussed expanding the SWSA to the future high school site off Route 522 and approved moving it forward for public hearing. Supervisor Hess commented that perhaps there are questions in the minds of the members of the Planning Commission as to why the Board does not approve some items that have been sent forward by the Planning Commission with a recommendation for approval and he personally sees it as an indication of a government process that works in that additional information and additional perspectives are gained at every step and he hopes the citizens of Frederick County are well served by that process. ------------- Charles F. Dunlap, Certified Planning Commissioner Chairman Wilmot announced that Commissioner Charles F. Dunlap, Red Bud District, was recently certified through the Virginia Tech’s Land Use Education Program. Chairman Wilmot thanked Commissioner Dunlap for his dedication and service on the Planning Commission. ------------- 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 2030 Comprehensive Plan Amendment – McCann-Slaughter Properties. A proposed amendment to the Northeast Frederick Land Use Plan (NELUP), contained within Appendix I of the 2030 Comprehensive Plan. 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 identified with P.I.N.s 44-A-40 and 44-A-25B in the Stonewall Magisterial District. The properties are collectively designated in the 2030 Comprehensive Plan for various types of land uses, including Developmentally Sensitive Areas (DSA) and Industrial. The proposal would allow mixed use office manufacturing land uses on a portion of the property and maintain the DSA on the balance of the property. Action – Recommended Approval Frederick County Planning Commission Page 3123 Minutes of July 16, 2014 Commissioner Oates said he would abstain from all discussion and voting on this item due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, identified the location of the subject properties just east of Route 11 and south of Old Charlestown Road. He noted the current designation as a DSA (Developmentally Sensitive Area) on the northern portion, Route 37 running through the southern portion, and the bottom area identified for industrial future land uses. Mr. Ruddy reported that the CPPC (Comprehensive Plans & Programs Committee) recommended an approach to amending the NELUP (Northeast Land Use Plan) in this area which balanced the request for OM (Office-Manufacturing Park) future land uses, the DSA which include both environmental and historical, and a variety of other factors. Mr. Ruddy said the proposed text reinforces what the land use plan shows, as follows: Protection of the environmental features of the site; Preservation of those areas identified with DSAs and development limited to those areas to the south of the DSAs and south of McCanns Road; An OM (mixed use office/industrial) land use designation; Utilizing McCanns 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); Access to be provided via a new north- south road that would generally be either: i) parallel to the west side of the existing railroad or, ii) the dividing line between the DSA land use and the OM land use; No access would be permitted to McCanns Lane for vehicular access to Martinsburg Pike or Milburn Road. Mr. Ruddy stated that some additional text was included as a result of CPPC members meeting with the HRAB (Historic Resources Advisory Board) members and those additional points are: A small area of supporting commercial land use; Interpretive wayside parking at the north end of the road (which may be done in conjunction with the commercial); Buffer zone between the DSA and the OM Land use (environmental BMPs and site design elements); and, Historical signage. Chairman Wilmot next opened the public hearing for citizen comments and she called for anyone wishing to speak to 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 Crockett made a motion to recommend approval of the amendment to the 2030 Comprehensive Plan, Appendix I – Area Plans, Northeast Frederick Land Use Plan for the McCann- Slaughter Properties. This motion was seconded by Commissioner Mohn. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the 2030 Comprehensive Plan Amendment for the McCann-Slaughter Properties by a unanimous vote. This amendment to the Northeast Frederick Land Use Plan (NELUP) is contained within Appendix I of the 2030 Comprehensive Plan. 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. (Note: Commissioner Oates abstained from voting.) ------------- Frederick County Planning Commission Page 3124 Minutes of July 16, 2014 2030 Comprehensive Plan Amendment, CPPA; LFCC/Middletown SWSA, Future Expansion Area. Proceeding from the recently-approved LFCC/Middletown SWSA, which created a 138-acre SWSA in the area surrounding and including the Lord Fairfax Community College, the proposed future expansion area, previously identified as Phase 2, includes an additional 100 acres of business development land uses in support of the college and an expansion of the Middletown/Lord Fairfax SWSA to be served by the Frederick County Sanitation Authority (FCSA). The property is identified with P.I.N. 84-A-78 in the Back Creek Magisterial District. Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, displayed the proposed land use plan which showed the location of the area for business development uses in support of the community college. Mr. Ruddy said text is associated with this expansion area; he said the text recognizes that with the approval of this land use plan, Frederick County will also be approving the SWSA (Sewer and Water Service Area) around the property. Mr. Ruddy stated the SWSA is the area in which the Board of Supervisors has authorized the provision of water and sewer specifically by the FCSA (Frederick County Sanitation Authority). He said the previous initial discussions of this project identified the City of Winchester and the Town of Middletown as the providers of those services. Mr. Ruddy said the direction received very clearly from the Board of Supervisors was to make sure the FCSA would be the party ultimately responsible for providing water and sewer service within Frederick County’s SWSA and this change has been noted within the text. He added the goal of this amendment is to provide land use opportunities in support of the community college and its ongoing growth. Commissioner Oates remarked about the comment specifying the FCSA as the party to serve this area. He surmised the FCSA would have to purchase the water and sewer from the City of Winchester and the Town of Middletown and then sell it to the applicant. Commissioner Oates asked what would happen if the Town of Middletown or the City of Winchester decides not to sell directly to the FCSA. He questioned whether the FCSA would then be forced to do a multi-million dollar project of constructing water and sewer lines to the area. Mr. Ruddy believed this issue was part of the discussion that would need to take place. He stated the FCSA has the role and responsibility to provide water and sewer service within Frederick County. Mr. Ruddy said those discussions about whether or not FCSA can provide the service or whether they need to be a conduit or a gate keeper in that direction will need to be received through communication between the Board of Supervisors and the FCSA. Mr. Ruddy did not believe FCSA would be backed into a corner to construct new facilities; he believed the additional text would be reinforcing the SWSA policy of the County’s Comprehensive Plan and reinforcing the role of the FCSA as the entity which oversees that for county residents and business owners. He said there is a variety of different ways how that can be achieved, but he believed it was beyond the realm or out of the scope of this particular Comprehensive Plan discussion. He believed it was certainly appropriate between the FCSA and the Board of Supervisors. Commissioner Thomas inquired about a portion of the text, Appendix 1–Area Plans, Middletown/Lord Fairfax SWSA, 5th Paragraph; he said the middle of the paragraph was deleted and probably, the last sentence was added. He said in order to make this text clear, the entire paragraph may need to be rewritten because the first sentence essentially states, “The FCSA has expressed that, at this time, they have no desire to serve this area of Frederick County…nothing would preclude the FCSA from serving this area in the future, if it is deemed necessary and appropriate.” Then, the last sentence states, “The Board of Supervisors, in approving this update to the area plan, expressly stated that the FCSA will Frederick County Planning Commission Page 3125 Minutes of July 16, 2014 be the party responsible for providing water and sewer in this area.” Commissioner Thomas said it doesn’t seem like the FCSA has the option in the final sentence, but the first sentence states they have the option and can choose to or not choose to. He said for clarity, those two sentences should be combined. Mr. Ruddy replied the first sentence was placed there to identify and relay the chronology, which may be redundant at this point and confusing, so he believed that paragraph could be re-worded. Commissioner Unger was pleased questions were being asked because he believed there were numerous issues to overcome before this could take place. Commissioner Unger said he knew Middletown had a fairly new sanitation system and he was sure they needed more businesses and more customers in order to pay for it. He said the FCSA does not own that system, nor does Frederick County have water there. He said the County is getting water from the City of Winchester; therefore, the City has to supply the water at this point, unless wells are dug. Commissioner Unger stated there are no sewer lines in that area either, so taking it over is going to be tough. In addition, Commissioner Unger said as far as bringing the service back towards Stephens City, he didn’t think it was an option because the FCSA is presently having problems trying to get water to the plants without flooding surrounding areas. Commissioner Unger said he liked the idea of this concept, but he believed there was a lot of work to do before it could take place. Chairman Wilmot next opened the public hearing to citizen comments and she called for anyone wishing to speak to come forward. No one came forward to speak and Chairman Wilmot closed the public comments portion of the hearing. Commissioner Unger made a motion to recommend approval. This motion was seconded by Commissioner Oates and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of a 2030 Comprehensive Plan Amendment, CPPA; LFCC/Middletown SWSA, Future Expansion Area. Proceeding from the recently-approved LFCC/Middletown SWSA, which created a 138-acre SWSA in the area surrounding and including the Lord Fairfax Community College, the proposed future expansion area, previously identified as Phase 2, includes an additional 100 acres of business development land uses in support of the college and an expansion of the Middletown/Lord Fairfax SWSA to be served by the Frederick County Sanitation Authority (FCSA). ------------- 2030 Comprehensive Plan Amendment, CPPA; Reliance Road Sewer and Water Service Area (SWSA) Designation–Middletown Properties, LLC and Molden Properties. Middletown Properties, LLC owns approximately 41 acres at the Middletown Exit off Interstate 81, east of the interchange, and is identified with P.I.N.s 91-A-56, 91-A-57, and 91-A-59 in the Opequon Magisterial District. Molden Properties has 90 acres to the east and is identified with P.I.N.s 91-A- 47, 91-A-47A, and 91-A-67 in the Opequon Magisterial District. Additional properties within the Reliance Road Study Area may be added to ensure a contiguous SWSA. Action – Recommended Approval with Stipulation Frederick County Planning Commission Page 3126 Minutes of July 16, 2014 Commissioner Molden said he would abstain from all discussion and voting on this matter due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that during the discussion of the Middletown/LFCC SWSA (Sewer and Water Service Area), the Board of Supervisors received two requests simultaneously and believed it was appropriate to evaluate both those requests and also include them in the public hearing process with the designation of SWSA. Mr. Ruddy said the staff crafted an amendment with the Board’s discussion in mind, which was to identify this particular request as the Reliance Road SWSA. He noted the Reliance Road Study, approved several years ago in conjunction with the Town of Middletown, identified a study area boundary, as well as a variety of potential land uses, predominantly commercial and OM (Office-Manufacturing Park). It also contained a statement that sewer and water service to Frederick County properties would require the Board of Supervisors’ approval. Mr. Ruddy stated this is, in essence, the reason why this is being considered today--to have the Board ultimately through policy approve the Reliance Road SWSA. Mr. Ruddy stated in addition to having the existing boundaries of the Reliance Road Study Area to include the Middletown and Molden properties, the entire boundary within the potential SWSA was included. He said the first property request is located immediately in the southeastern quadrant of the interchange with I-81 (Middletown properties) and contains about 10 acres, zoned commercial; the second area of properties is located on the eastern side of the study area (Molden properties). Mr. Ruddy said the illustration not only provides the Commission with the location of the properties, but provides some understanding of why it was suggested that the SWSA boundary include the entire study area. He noted it is possible to ultimately pull back on the boundaries, if the Board of Supervisors feels it’s appropriate to do so; however, clear direction was given through discussion that it was okay to include the properties requested within the SWSA provided the FCSA (Frederick County Sanitation Authority) would be responsible for providing the water and sewer service. Mr. Ruddy pointed out that the request this evening is a minor modification to the text of the Reliance Road Study; it states the Board of Supervisors expressly recognizes that FCSA will be the party responsible for providing water and sewer services in this area; and secondly, the boundary of the map is designated as a SWSA, as opposed to simply the study area boundary. Commissioner Oates believed it would be appropriate to have comments from the FCSA in which they recognize the proposed SWSA, they state they can provide the service, and describe how they plan to provide the service; or, conversely, that they will not be able to provide the service. Commissioner Thomas commented the Commission is considering the addition of approximately 311 acres to the SWSA and it was his understanding over the last few years that the FCSA doesn’t have an over-abundance of capacity. He understood this wasn’t a rezoning, so the acreage will not be developed soon; nevertheless, this would give the owners the expectation that sometime in the future, a rezoning would be submitted and a request forthcoming for sewer and water service in these areas without knowing what quantities of water would be involved. Commissioner Thomas said the FCSA has not yet come forward and said whether or not they can provide the service. Frederick County Planning Commission Page 3127 Minutes of July 16, 2014 Mr. Ruddy said there is ongoing discussion at various levels regarding the provision of service and the discussions that need to occur with the Town of Middletown and also the City of Winchester from the water perspective. Mr. Ruddy said it is recognized the Town of Middletown and the City of Winchester will have a very big role to play in providing water and sewer service in these areas and no doubt that will be part of the solution. In addition, he said the FCSA would have to be involved to a greater extent. Mr. Ruddy agreed issues would have to be addressed before receiving anything that would implement this. He recognized two exceptions: a small portion of two properties in the area that are presently zoned commercial. Mr. Ruddy stated that by designating this as a SWSA boundary, it provides the policy approval for water and sewer. He noted the zoning is the next step that would implement this and in some cases, there is a portion of zoning already in place. Mr. Ruddy added that for the vast majority of the 311 acres, there are significant steps to go through to enable the development to happen and those questions would have to be answered and agreements, roles and responsibilities, worked out. Chairman Wilmot raised a question concerning the text. She questioned the meaning of the text, “An approach that includes fewer properties may be more acceptable following the review of this proposal.” Mr. Ruddy replied the Board of Supervisors received the request from the two property owners, which included a number of properties. He said for a simple way of approaching it, the properties were grouped together with all of the land in the Reliance Road Study Area and was advertised as a part of the proposal. Mr. Ruddy explained this may not be what the Planning Commission and the Board of Supervisors ultimately would want to do and a smaller, more contiguous area could be considered, if necessary. Commissioner Unger commented that he liked the idea of expanding the SWSA in this area for the future; however, at this time, the Commission has no idea where the service will come from. He said the Commission is being asked to vote on extending water and sewer services to this area with no answers as to where the service is coming from and the Board wants FCSA to take it over. Commissioner Oates said if the FCSA has to do this and supposing it is 40 years before FCSA can get service down there, if they can’t work out an agreement with the Town of Middletown or the City of Winchester, then all of these property owners are on hold for 40 years. The property owners would have no ability to go to the Town or the City on their own to get water and sewer service. Commissioner Oates asked if this was correct and Mr. Ruddy replied yes. Mr. Ruddy said there is an exception, one existing business operation is currently on a connection to the Town of Middletown and they would be able to continue with that connection, but any future expansion would have to be with the approval of the FCSA. Commissioner Thomas noted if these properties are placed inside the SWSA, it would allow anyone who wanted to develop this to provide proffers to connect to the FCSA lines, as long as they had approvals. He said if the developer wanted to pay for the extension of lines for water and sewer service and if FCSA had the capacity to provide it, then this would allow the developers to pay for the connection. Mr. Ruddy replied that was correct. He said the implementation of the land use plans, transportation, sewer and water infrastructure, and land uses, would be the responsibility of the developer. Chairman Wilmot next opened the public hearing to citizen comments and she called for anyone wishing to speak to please come forward. No one wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 3128 Minutes of July 16, 2014 Members of the Commission discussed the possibility of waiting to make their recommendation on this matter until a comment is received from the FCSA. They considered the appropriateness of making a motion to recommend approval contingent on getting a positive comment from the FCSA stating they acknowledge this expectation and are willing to provide service. A member of the Commission remarked it was impossible for the FCSA to make that comment because there are no lines in that area. Another Commissioner commented it was possible, if a developer builds the lines and the FCSA oversees the construction. Another Commissioner believed this was an opportunity for the FCSA to identify the source of water and how much capacity they could provide there. Commissioner Thomas next made a motion to recommend approval contingent upon the FCSA providing recognition they are expected to provide sewer and water service with comments on how they would provide service and the future timing to provide service to this entire area. This motion was seconded by Commissioner Unger. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the 2030 Comprehensive Plan Amendment, CPPA; Reliance Road Sewer and Water Service Area (SWSA) Designation–Middletown Properties, LLC and Molden Properties, contingent upon the FCSA (Frederick County Sanitation Authority) providing recognition that they are expected to provide sewer and water service to this area in the future, and with comments on how they would provide this service, along with the timing for installation. The vote on this recommendation was as follows: YES (TO REC. APPROVAL): Unger, Marston, Ambrogi, Manuel, Crockett, Thomas, Dunlap NO: Oates, Wilmot, Kenney, Triplett, Mohn ABSTAIN: Molden ------------- Rezoning #01-14 of Cowperwood FEMA, LLC, Commercial Property, submitted by Greenway Engineering, Inc., to rezone 1.24+ acres of an 18.34-acre property from RA (Rural Areas) District to B2 (Business General) District with proffers. The balance of the property is to remain 16.53+ M1 (Light Industrial) District and 0.57+ RA (Rural Areas) District. This property is located approximately 0.6 miles north of Interstate 81, Exit 317 and is identified with P.I.N. 43-A-111 in the Stonewall Magisterial District. Action – Recommended Approval with Proffers Deputy Planning Director, Michael T. Ruddy, reported this parcel is home to the FEMA headquarters in Frederick County. Mr. Ruddy pointed out the main access to the facility through the Rutherford Farm project and the secondary access on Martinsburg Pike (Route 11N). He said the purpose behind this request is simply to allow some land subdivision and boundary line adjustment/consolidation to occur. Mr. Ruddy said this rezoning request is consistent with the land use plan for a commercial land use designation. Referring to the proffer statement, Mr. Ruddy noted the use is completely limited to the existing residential use. He said there will be no additional access points on Route 11 and no real development opportunity; therefore, no impacts exist at this time. Frederick County Planning Commission Page 3129 Minutes of July 16, 2014 Commissioner Thomas remarked about a residence on commercial property. He noted the proffer specifies the only activity that can occur on this property is residential use. Commissioner Thomas inquired if there are any by-right commercial uses that would be allowed with a residence on a commercial designated plot of land, even though the proffer states residential use. Mr. Ruddy said a home occupation could be done; however, a conditional use permit could not. Mr. Ruddy commented there are a few places where this occurs and especially in recent years as rezoning has occurred in anticipation of future commercial development. He said it allows continued use of the residential property until such time as the commercial development occurs. In this particular area, it is recognizing there are a variety of small existing residential lots up and down Route 11 and the future land use is identified as commercial. Consequently, over time, it will convert to the commercial designation and eventually there will be a mass that would be sufficient enough to support an actual commercial project of substance. Mr. Evan A. Wyatt, with Greenway Engineering, was representing the Cowperwood FEMA, LLC commercial rezoning. Mr. Wyatt provided some history, explaining that back in 2006, Greenwood came forward with a request for a waiver of the minimum acreage size in the RA (Rural Areas) District to create a 1.24-acre parcel off this and the purpose was to allow the residence to be subdivided off what FEMA did not need for the balance of the property. He said the history goes back even further when the rezoning actually occurred, which set forth the FEMA project, and the property owners had an agreement in principle with FEMA that if they could achieve the ability to get the residential property severed from the 18 acres, they would do so. So, back in 2006, the conduit they tried to achieve was to get a waiver exception for the minimum lot size in the RA District and then be able to subdivide the property in that regard. Mr. Wyatt said the Board of Supervisors preferred him to come back later with a rezoning and do it in that fashion; however, from 2008 until a year ago, the momentum was lost in the recession. Mr. Wyatt said he was approached to come back in and rezone the property because whether the property is zoned RP or B2, the minimum lot size would not be an issue and, therefore, they would be able to subdivide the property. Mr. Wyatt said in his initial discussions with the planning staff, the question was asked if RP would be the appropriate zoning district and staff pointed to the Comprehensive Plan for this particular area. He said the Comprehensive Plan adopted for this area of the County calls for the properties along the frontage of Route 11 to be commercially zoned over time. Therefore, the request is for B2 Zoning and the idea is this parcel is being zoned B2 today. He noted the other arrangement the property owners and Cowperwood had was that because this access drive serves primarily for service delivery and for emergency access for FEMA, FEMA did not want the access loaded with commercial traffic in the future. The idea was they would get this zoned today so the property could be subdivided off on B2, they would restrict the proffers to say everything that exists today is all that it will ever be, even though the zoning is going to change, and then over time, work to try to obtain the parcel next door to create a four-acre land bay. They would be able to get entrance spacing and they could reset the plan at that point in time. Mr. Wyatt said in the future, if the adjoining parcel did come into play and it was rezoned, the applicant could combine it with the 1.24 acres and change the proffers, and that would be the project the Commission would be considering. Chairman Wilmot next opened the public hearing to citizen comments and she called for anyone who wished to speak to come forward. The following individual came forward to speak: Frederick County Planning Commission Page 3130 Minutes of July 16, 2014 A neighbor in the Stonewall District, said she was surprised the review comments state there will be no impact and no change with a business rezoning for this property. She assumed a business rezoning would give the property owners the ability to place a business there and she questioned why this would be of any benefit to the neighborhood; she said this is a nice northern approach to the City of Winchester. She said Rutherford Crossing is a large business district less than a quarter of a mile away and it is not yet built out. She saw no reason at this time to give a business rezoning to a property in this area. She believed it was disingenuous to say it’s going to be rezoned to business, but will have no impact. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Crockett made a motion to recommend approval of Rezoning #01-14 of Cowperwood FEMA, LLC. This motion was seconded by Commissioner Manuel and was unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #01-14 of Cowperwood FEMA, LLC, Commercial Property, submitted by Greenway Engineering, Inc., to rezone 1.24+ acres of an 18.34-acre property from RA (Rural Areas) District to B2 (Business General) District with proffers. The balance of the property is to remain 16.53+ M1 (Light Industrial) District and 0.57+ RA (Rural Areas) District. ------------- INFORMATION/ DISCUSSION ITEMS Waiver Request for Lake Frederick (Shenandoah) Development – A request to waive the public road requirement and allow the Lake Frederick (Shenandoah) Development to utilize private roads. Action – Recommended Approval Master Development Plan #06-14 of Shenandoah, submitted by Bowman Consulting Group, to revise Master Development #01-13. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive. These properties are identified with P.I.N.s 87-A-103C and 87-A-102 in the Opequon Magisterial District. Please note this item is presented for informational purposes only. No Action Required Commissioner Mohn said he would abstain from all discussion and voting on both of these items due to a possible conflict of interest. Frederick County Planning Commission Page 3131 Minutes of July 16, 2014 Senior Planner, Candice E. Perkins, reported that her presentation would include both the waiver request for Lake Frederick (Shenandoah) Development and the following item, Master Development Plan #06-14 for Lake Frederick (Shenandoah) Development. Ms. Perkins stated the Lake Frederick (Shenandoah) MDP (Master Development Plan) is a proposal to develop 926 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 residential dwelling units (includes the 253 existing platted lots). She said this development was originally zoned in 1975; it was master planned in 1991; and revised in 2001 and 2007, with the most recent revision in 2013. She noted the access to the development is via an existing entrance, Lake Frederick Drive, off Route 522. Ms. Perkins said the revision before the Commission this evening is to the 2013 Shenandoah MDP, which is now called Lake Frederick. The changes include removing the commercial pod located in Phase 1B, removing a road connection and adding lots in Phase IIA, and adding a model court in Phase 1A. She noted these changes do not impact the overall lot number approved within the development. Ms. Perkins said the MDP for Lake Frederick is consistent with the Comprehensive Plan and the zoning ordinance and is being presented to the Commission as an informational item. Ms. Perkins stated the action item for the Commission this evening is the waiver request received from Lawson and Silek, P.L.C., on behalf of Lansdowne Development Group to waive the public street requirements within the Lake Frederick (Shenandoah) Development. She said the applicant is requesting that the public streets be waived to allow the development to be constructed with a complete network of private streets with a gated access. Ms. Perkins said a recent text amendment allowing all developments in the R5 District to apply for a waiver to the public street requirement was approved by the Board of Supervisors, as recommended by the Planning Commission. She stated the applicant has provided road details for the proposed private streets. Ms. Perkins said the staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on the proposed waiver request for private streets within the Lake Frederick Development. Commissioner Unger asked if access to the commercial land is through the private streets. Ms. Perkins pointed out the only commercial pod remaining, which is held under separate ownership, was severed; she said it has access via existing Lake Frederick Drive, constructed a number of years ago. Commissioner Oates recalled a previous site plan in which there was land set aside for a fire station. Ms. Perkins said there was a note on an older MDP; however, it was never a proffer and was removed with the 2013 plan. Commissioner Thomas said back in 2002-2003, it was understood there would be a fire station; he said it was a mistake not to have that understanding formalized into a proffer. Commissioner Thomas next made a motion to recommend approval of the waiver request to the public streets requirement. This motion was seconded by Commissioner Triplett and was unanimously passed. No action was required by the Planning Commission on the MDP.