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PC 12-17-14 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 December 17, 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; Robert Hess, Board of Supervisors Liaison; Stephen Slaughter Jr., City of Winchester Liaison. ABSENT: None STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Candice E. Perkins, Senior Planner; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the December 17, 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 Molden, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3169 Minutes of December 17, 2014 COMMITTEE REPORTS Comprehensive Plans & Programs Committee (CPPC) 12/8/14 Mtg. Commissioner Oates reported the CPPC discussed the 2015-2016 Capital Improvement Plan (CIP) and forwarded it to the Planning Commission and Board of Supervisors for their review. Frederick County Sanitation Authority (FCSA) —12/16/14 Mtg. Commissioner Unger reported total customer base for water is 14,195 and the total for sanitary is 13,710. The rainfall for November 2014 was 2.0 inches which is a little low however he noted the average for the year is still good. Water usage at the Diehl Plant was 2.37 mgd; water usage at the Anderson Plant was 1.68 mgd; .75 mgd was purchased from the City. The daily average use is approximately 4.8 mgd which is lower than last month and attributed to the weather. The elevation at the Anderson Plant and the Diehl Plant remained the same. The flows at the Papermill Plant are good; the Opequon Plant is doing well at 2.1 mgd. Commissioner Unger noted they had 2% water loss which is a significant improvement of the previous month of 10%, due to more leaks being fixed. FCSA is going to be digging a test well at Round Hill and Lake Frederick to try to get more water supplies for the County. He also noted they are working on the communication with Stephens City residents who have basement issues and keeping them in the loop as to what is going on. City of Winchester Planning Commission —12/16/14 Mtg. Commissioner Slaughter reported the last meeting involved a Conditional Use Permit (CUP) for a telecommunication tower modification. They also had two rezoning applications that were tabled: one on Millwood Avenue and the second being on the Merrimans Lane extension. He also noted an ordinance that was passed on to council allowing mobile food trucks in the city. Board of Supervisors Report —12/10/14 Mtg. Board of Supervisors' Liaison, Supervisor Robert Hess, reported the Board of Supervisors has met twice since the last Planning Commission meeting and have covered several topics. At the November 12 meeting there were five Planning Commission items considered: the Board approved the Rezoning #04-14 for Baker/Lepley property; an ordinance amendment to the Zoning District Buffer Waiver Option was approved; an ordinance amendment to the Screening Requirements for Frederick County Planning Commission Page 3170 Minutes of December 17, 2014 Outdoor Storage Areas with the elimination of screening requirements for adjacent outdoor storage areas was approved by the Board; approved the Southern Frederick Area Plan amendment to the 2030 Comprehensive Plan; approved an ordinance amendment regarding a waiver to the buffer and screening requirements if the adjoining land is designated for a similar zoning district in the adopted Comprehensive Plan; approved a resolution of support for the 2015-2016 VDOT revenue sharing program. Regarding the meeting December 10, Supervisor Hess reported the following items: the Conditional Use Permit (CUP) #03-14 Caroline Watson for a daycare business was approved with a minor adjustment to the operating hours after consulting with the applicant; Rezoning #02-14 for Heritage Commons, the applicant requested action on the rezoning be postponed until the first Board of Supervisors meeting in January 2015 so additional changes may be made in the application in response to concerns expressed by the County. The Board of Supervisors agreed to the postponement. 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. ACTION ITEM: Zoning District Buffer Waiver Request for Clearbrook Business Center, submitted by GreyWolfe, Inc., to request a waiver of the required Category C Zoning District Buffer between Parcel 33-A- 123 and the adjacent Vahidi property which is identified by parcel 33-A-125. The Clearbrook Business Center property is zoned B3 (Industrial Transition) District and the adjacent Vahidi property is zoned RA (Rural Areas) District and also contains a residential structure. The 2030 Comprehensive Plan depicts the Vahidi property with future commercial business use. Therefore, if the Vahidi property was rezoned, consistent with the 2030 Comprehensive Plan, a buffer would not be required between the two properties. The Clearbrook Business Center property is located at 3625 Martinsburg Pike, Clearbrook and is within the Stonewall Magisterial District. Action — Recommended Approval Commissioner Oates said he would abstain from all discussion on this item due to a possible conflict of interest. Senior Planner, Candice E. Perkins, reported this is a request to waive the Category C buffer between the Clearbook Business Center (parcel 33-A-123) and the adjacent Vahidi property (parcel 33-A-125) which has a residential land use. The Master Development Plan (MDP) for this property was reviewed by the Planning Commission on June 18, 2014 and the Board of Supervisors on July 9, 2014. Frederick County Planning Commission Page 3171 Minutes of December 17, 2014 Ms. Perkins noted the MDP was administratively approved on August 25, 2014. Ms. Perkins explained the Clearbrook Business Center property is zoned B3 (Industrial Transition) District and the adjacent Vahidi property is zoned RA (Rural Areas) District. Due to the Vahidi property containing a residential structure, a Category C buffer (100 foot distance with full screen landscaping) is required on the Clearbrook Business Center property. Ms. Perkins noted the 2030 Comprehensive Plan reflects the Vahidi property with future commercial business use and therefore, if the Vahidi property was rezoned, consistent with the 2030 Comprehensive Plan, a buffer would not be required between the two properties. Ms. Perkins reported recently there was a Zoning Ordinance Amendment approved by the Board of Supervisors that allows the Board to consider waivers or modifications to required zoning district buffers in the commercial districts. She noted that two things have to occur; both properties must have the same Comprehensive Plan designation; the adjoining property owner of the RA zoned property must provide written notarized consent to the waiver. Ms. Perkins concluded, this waiver request meets the criteria set forth in the Zoning Ordinance and Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on this requested waiver. Commissioner Wilmot asked for comments or questions for Ms. Perkins. There were no questions. Commissioner Crockett commented he believes this is an appropriate use and the waiver meets the criteria set forth is the Zoning Ordinance. A motion was made by Commissioner Crockett to recommend approval of the Zoning District Buffer Waiver Request for Clearbrook Business Center. This motion was seconded by Commissioner Ambrogi and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does herby unanimously recommend approval of Zoning District Buffer Waiver Request for Clearbrook Business Center, submitted by GreyWolfe, Inc., to request a waiver of the required Category C Zoning District Buffer between Parcel 33-A-123 and the adjacent Vahidi property which is identified by parcel 33-A-125. The Clearbrook Business Center property is zoned B3 (Industrial Transition) District and the adjacent Vahidi property is zoned RA (Rural Areas) District and also contains a residential structure. The 2030 Comprehensive Plan depicts the Vahidi property with future commercial business use. Therefore, if the Vahidi property was rezoned, consistent with the 2030 Comprehensive Plan, a buffer would not be required between the two properties. INFORMATIONAL ITEM: CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion; Parcels 33-A-113 and 33-A-124. A change to the SWSA boundary to include approximately 433 additional acres in the vicinity of the Blain properties to the SWSA. The additional properties include parcels; 33 -A - 78A, 33 -A -114B, 33 -A -77B, 33 -A -114C, 33 -A -123A, and 33 -A -123B. This property is currently designated with a commercial and industrial land use. The properties are generally south of Cedar Hill Road, Route 671, north of Hopewell Road, Route 672, and west of Interstate 81, and are located in the Stonewall Magisterial District. Frederick County Planning Commission Page 3172 Minutes of December 17, 2014 No Action Required Commissioner Oates said he would abstain from all discussion on this item due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, presented an overview of the proposed amendment to the 2030 Comprehensive Plan. He noted the Board of Supervisors held a joint work session with the Planning Commission to discuss this Comprehensive Policy Plan Amendment application. Following the discussion, the Board directed the Blain request through the public planning and review process with additional study. Mr. Ruddy reported, the Comprehensive Plans and Programs Committee reviewed this request on June 9, 2014 and felt this application was in need of further study and recommended that the proposed SWSA boundary take into consideration all properties in this location that have a commercial or industrial future land use designation. He also noted the Comprehensive Plans and Programs Committee endorsed this request at the November 10, 2014 meeting. The CPPC recommended that the road alignment and land use areas be modified slightly to ensure the road was in a logical location consistent with the property line and existing road and that the areas of land use were completely within the SWSA, and utilizing the future road as a logical boundary between the industrial and commercial future land uses. The CPPC also recommended the inclusion of language to this effect in the amended land use plan. Mr. Ruddy noted the suggested language is as follows; the area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character; the north - south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses; flexibility should be offered in the final balance and location of land uses; future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. Commissioner Unger inquired as to how the property is zoned currently. Mr. Ruddy responded the property is zoned RA (Rural Area) as well as all properties to the west of Interstate 81 in that section are RA as well. Commissioner Unger also asked if it is possible for the property to be zoned residential. Mr. Ruddy explained this will not be zoned residential. He stated this is a big distinction to reinforce, the Sewer and Water Service Area (SWSA) allows public water and sewer to be extended for commercial, industrial, and institutional uses. The UDA (Urban Development Area) boundary which stops a little further south provides the ability for residential land uses to exist in addition to commercial, industrial, and institutional. Eric R. Lawrence, Planning Director requested clarification on number of acres being expanded into the SWSA. Mr. Ruddy stated it is a 433 acre expansion. Commissioner Wilmot noted the attraction to her was this being the first time the Planning Commission has seen the capabilities of the Sanitation Authority in a specific area for service purposes. Commissioner Thomas noted this is consistent to the Comprehensive Plan and more importantly, including this in the SWSA sends a message to the sewer and water provider that plans need to be put in place to upgrade or expand service in this area. Frederick County Planning Commission Page 3173 Minutes of December 17, 2014 Commissioner Kenny asked for clarification on the number of acres being included in the SWSA. Mr. Ruddy explained, the 97 acres was the initially identified two parcels 33-A-113 and 33-A- 124, and the 433 acres was calculated as being inclusive of that with the boundary change. Commissioner Mohn commented an important point is that the SWSA already existed in proximity but if it were extended just to bring those parcels in, it would have been very fragmented and this provides much cleaner edges and makes sense. No other questions or issues were raised by the Planning Commission and no action was needed. ANNUAL REVIEW OF THE PLANNING COMMISSION BYLAWS AND RULES AND REGULATIONS Planning Director, Eric R. Lawrence, reported this is the time of year when the Planning Commission reviews its two guiding documents, the Bylaws and the Roles and Responsibilities, and if any modifications are needed, this is the time to accomplish those. Mr. Lawrence said based on the feedback staff has received so far, a few minor changes have been proposed to the Planning Commission Bylaws. Mr. Lawrence briefly reviewed the proposed changes with the Commission, as follows: Page 4 of the Planning Commission Bylaws: Article V — Committees, Section 5-4, changed to read "Commission members, employees of the County, and citizen volunteers may be members of the committee". Page 7 of the Planning Commission Bylaws: Article VIII — Operating Rules, Section 8-3-8-3, added to first sentence "under the purview of the Commission". Page 7 of the Planning Commission Bylaws: Article VIII — Operating Rules, Section 8-3-8-4, changed "start at the date of the first completed public hearing" to read "start after the first Commission meeting following the referral of the amendment to the Commission". Page 10 of the Planning Commission Bylaws: Article IX — Operating Rules, Section 9-2, added "The" at beginning of sentence and removed "in November of'. Mr. Lawrence discussed the revised proffers on Page 8 of the Planning Commission Bylaws, Article VIII — Operating Rules, Section 8-3-9-1 (D) which reads; revised proffers have been received from the applicant less than twenty-one (21) days of the advertised Planning Commission meeting (may be tabled by the Planning Commission). He noted there have been comments this is somewhat stringent, therefore the idea is to revisit the number of days. Mr. Lawrence provided a little background regarding the 21 days which was adopted a number of years ago because it linked how the agendas were produced, the application deadline, and the state law for advertisements. Staff is recommending the agendas be sent out 5 days prior to the Planning Commission meeting and suggests we do a trial run through the end of February 2015. Frederick County Planning Commission Page 3174 Minutes of December 17, 2014 Commissioner Dunlap asked a question in regards to the proposed new timeframe; if revised proffers are received will this be enough time for legal review. Mr. Lawrence noted the trial run will assist in determining if this will be will be efficient from. a business perspective. Commissioner Oates noted he is not comfortable with the proposed 5 day change. He commented if an application is received on a Friday this does not allow enough time for adequate review. He suggested going to 14 days from the current 21 days for a revised application. Commissioner Thomas agreed with Commissioner Oates and the compromise of 14 days seems feasible. He noted this would be acceptable should the pace pick up and more frequent revisions start being submitted to the department. Mr. Lawrence suggested the Planning Commission Bylaws not be revised pertaining to the 21 day trigger at this time and we will adjust the agenda preparation to make sure there is enough time for review and staff is allotted enough time for preparation. 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 7:45 p.m. Respectfully submitted, WilnhL Chairman Eric 1f. Lawrence, Secretary Frederick County Planning Commission Page 3175 Minutes of December 17, 2014