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PC 11-01-17 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 1, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Gary R. Oates, Stonewall District; Robert S. Molden, Opequon District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin W. Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Greg L. Unger, Back Creek District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; M. Tyler Klein, Planner. CALL TO ORDER Chairman Wilmot called the November 1, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join m a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Cline and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the September 6, 2017 meeting. Frederick County Planning Commission Page 3477 Minutes of November 1, 2017 COMMITTEE REPORTS Frederick Water — MtLy. 10/17/17 Commissioner Oates reported the Frederick Water Board approved their annual audit for the year ending June 30, 2017; representatives from Brown Edwards presented the results of their FY2017 financial audit of Frederick Water and explained that the financial report expressed an unmodified opinion with no major issues, and that Frederick Water staff has properly accounted for transactions and was very thorough. He continued the Frederick Water Board heard an update on the Opequon Water Supply Plan; effort continues to advance on the Opequon Water Supply Plan. The Joint Permit Application to withdraw water from the Opequon Creek has been submitted to the required state agencies. Commissioner Oates reported the AECOM/PC Construction Design -Build team continues to develop engineered drawings for the creek intake, waterlines, and the water treatment plant. He noted the designs and cost estimates will be at 30% by mid-November and preliminary costs are near $30 million and include all improvements necessary to construct and operate the new water facility. Commissioner Oates reported the features include the ability to treat and deliver 8 mgd, highly advanced water treatment including UV, system redundancy, and to assure the facility will produce high quality drinking water. He continued, the development program also includes $2-3 million for ballfield construction to replace the ballfields that Carmeuse is displacing at Clearbrook Park. He concluded most importantly this new plant will actually save Frederick Water customers in monthly water expense as payments to Carmeuse will be eliminated. Development Review and Regulations Committee — Mtg. 09/28/17 and 10/26/17 Commissioner Kenney reported the committee discussed the inclusion of Solar Energy Generating Facilities as a by -right use in the RA (Rural Areas) District and recommended this item be sent forward to the Planning Commission. He also reported a request to add backyard chickens/chicken coops to the use list for the RP (Residential Performance) District and the committee did not support this request to move it forward. Transportation Committee — Mtg. 09/25/17 and 10/30/17 Commissioner Kenney reported the committee had two full agendas and discussed the following: Kernstown Limited Access Break request for support and request for Revenue Sharing; SmartScale Program Update; VACO Transportation legislative Priorities; Transportation Partnership Opportunity Fund Agreement Execution and Application; Request for 4 way stop at the intersection of Dragonfly Way and Eleven Moons Place; Fall Transportation Forum; VTRANS 2040; Valley Mill Road Revenue Sharing Fund Transfer; County Project Updates; Upcoming Agenda items; Capital Improvement Program Update; Eastern Road Plan Update; Secondary Funds Transfer. City of Winchester - Mtg. 09/19/17 and 10/17/17 Commissioner Richard Fieo, Winchester City Planning Commission Liaison, reported the Commission discussed the following: an ordinance amendment pertaining to signs, no action was taken; and ordinance amendment for extended stay lodging; a CUP to establish a two-family dwelling on Charles Street; and an ordinance amendment for signs sent forward with a 5 — 2 votes. Frederick County Planning Commission Page 3478 Minutes of November 1, 2017 Board of Supervisors Report — Mta. 10/2.5/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported an update was presented on the Tevis Street bridge and Airport Road extension. He noted the Board voted to appoint Kay Dawson to 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. Mr. Greg Miller of 388 Woodchuck Lane came forward to oppose Cup #07-17 for an events facility. Mr. Miller stated on October 21, 2017 he could hear music at his home from a wedding event being held on Woodchuck Lane. He is concerned about the noise and traffic impacts. Ms. Judi Malone of the Back Creek Magisterial District shared her concerns: large field behind her property is overgrown, needs mowing; traffic impacts; noise. Mr. Rocky Keplinger of 218 Woodchuck Lane commented he appreciates Staff working with Mrs. Scheulen to relocate the entrance, however, he does not feel it addresses the main concern held by many of the traffic implications on Woodchuck Lane. He continued this facility will be a commercial building that looks like a barn sitting on agricultural land. Mr. Keplinger concluded he is concerned with who will monitor this facility and the Applicant's ability to have the event facility as well as five -acre lot dwellings. Mr. Matthew Keefer of 148 Woodchuck Lane came forward to oppose the facility due to the amount of traffic it will produce. He continued in one stretch of Woodchuck Lane there are nine children ranging in ages 6 — 13; his main opposition is safety for the children. Mr. Keefer is also concerned with alcohol consumption and drivers being impaired then traveling this road or any road. His final concern was with the safety of his family due to his police car being parked in his driveway and large volumes of people who will see this. Mr. Rick Lynch of 873 Round Hill Road came forward and presented information pertaining to five event facilities within close proximity to this proposed CUP: Round Hill Even Center; Round Hill Ruritan Club; Cloverdale Barn; Museum of the Shenandoah Valley; Courtyard Marriott. He does not feel another even center is needed in this area with all of these listed able to accommodate the demand. Ms. Barbara Singhas of 775 Round Hill Road shared her concerns: actual ownership of property, is it Regalo LLC; the property currently not being maintained. Ms. Stephanie Standerfer of 109 Woodchuck Lane came forward with comments: would like to see a full VDOT traffic impact study completed on Round Hill Road and Woodchuck Lane; safety concerns on Woodchuck Lane; distance to nearest residence closer than 1300'; monitoring of property during operation; surrounding property values decreasing; impact to the water table. Frederick County Planning Commission Page 3479 Minutes of November 1, 2017 Ms. Sherry Riley of 207 Montgomery Circle, Stephens City came forward with information pertaining to a request brought forth to the DRRC regarding backyard chickens in the RP (Residential Performance) District. She continued, after two meetings with the DRRC a decision was made not to advance her request to the Planning Commission. She would like the Planning Commission to consider hearing this request in the near future. No additional citizens came forward and Chairman Wilmot closed the citizens comment portion of the meeting. PUBLIC HEARING Rezoning #04-17 for Carbaugh Business Center, submitted by Stowe Engineering, PLC, to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. The site has an address of 831 Shady Elm Road (Route 651) and is located on the eastern side of Shady Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652). The eastern portion of the site is bounded by the CSX Railroad. The properties are identified by Property Identification Numbers 74-A-68 and 74-A-69 and are located within the Back Creek Magisterial District. Action — Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director reported this is an application to rezone two (2) parcels of land that total 107.21 +/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. She continued by presenting a locations map of the property which is located on the southeastern side of Shady Elm Road, southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652); the southeastern portion of the site is bounded by the CSX Railroad. Ms. Perkins reported the properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. She noted the plan identifies these properties with an industrial land use designation as outlined in the Shady Elm Economic Development Area and the Comprehensive Plan calls for the extension of a new major collector roadway, Renaissance Drive. Ms. Perkins continued with this request the Applicant has proffered: • Participate in the cost of transportation improvements in the nearby area, up to a maximum of $1,080,000 • Right -of -Way dedications to Shady Elm Road and Renaissance Drive • Limitation of two (2) entrances on Renaissance Drive • Prohibition of individual business signage along Shady Elm Road • Intensive level survey of the Henry Carbaugh House • Monetary proffer to Fire and Rescue of $30,000 Frederick County Planning Commission Page 3480 Minutes of November 1, 2017 Ms. Perkins presented and explained the GDP (Generalized Development Plan) along with mapping that shows the overall layout of Renaissance Drive. Commissioner Kenney inquired what the $1,080,000 will provide. Mr. John A. Bishop, Assistant Director Transportation presented mapping of the location and explained the funds will specifically relate to Renaissance Drive; in the Applicant's TIA this project is critical to ensuring their traffic flow will work. Commissioner Kenney asked if there will be any improvements to Shady Elm Road. Mr. Bishop noted there is a proffered right-of-way for future widening of Shady Elm Road, however, the focus is going to be on Renaissance Drive. Mr. Tim Stowe of Stowe Engineering PLC and representing the Applicant came forward. Mr. Stowe reported there are benefits of this project that he feels should be highlighted and are: the project builds on the work the Planning Commission has done over the past two years when the Comprehensive Plan and the Kernstown Area Plan were updated; the Transportation items will be critical to the local area; the property is rail accessible; will provide an additional 60' right-of-way on Shady Elm Road to satisfy requirements of the Comprehensive Plan and a multi -use trail along Shady Elm Road; proffered inter parcel connectors; Applicant has taken steps to protect neighbors with buffers and screening; and their will be no signs placed on Shady Elm Road. Mr. Stowe provided mapping and a scale of the property emphasizing the screening and right-of-way. Commissioner Molden inquired will the residence on the east side of Shady Elm Road benefit from screening. Mr. Stowe explained the Applicant has proffered to do a berm and screening on Shady Elm Road where there are residents on the opposite side of the road and there are three (3) types available in the proffers. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Kevin Anderson of the Back Creek Magisterial District and living adjacent to the Carbaugh property came forward. He shared his concerns with safety along these roads; primarily large truck traffic. Mr. Glen Moore of the Back Creek Magisterial District and living adjacent to the Carbaugh property came forward and shared his concerns with the traffic impacts this will have on Springdale Road. Ms. Darla Parsons -Barrett of the Stonewall Magisterial District is concerned with the $30,000 proffer to Fire and Rescue; she would like to see a more continued support. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Tim Stowe addressed the concerns pertaining to truck traffic; he empathizes with the citizens that came forward regarding Springdale Road. He continued it's his understanding that the railroad crossing on Springdale Road may eventually be closed with the bridge crossing at Renaissance Drive taking shape. Regarding the Fire and Rescue proffer, Mr. Stowe reported over a million dollars is being invested in Renaissance Drive to make emergency access to this area much easier and faster for emergency vehicles to be able to get to the residences and businesses and the surrounding area. He concluded they feel that is a significant contribution to help with the needs of Fire and Rescue. Frederick County Planning Commission Page 3481 Minutes of November 1, 2017 Commissioner Manuel inquired has this property been in the Comprehensive Plan for light industrial for some time. Mr. Stowe explained over the years it has been considered for numerous things; the 2035 Comprehensive Plan update moved the Sewer Water Service Area line and put things into place. Commissioner Mohn directed a question to Mr. Bishop regarding Springdale Road; is the closing of the railroad crossing in the plan. Mr. Bishop reported it has been discussed in the past; with the project as it is currently scoped there is the bridge which saves having to close railroad crossings including the Springdale Road crossing. He noted a possible truck restriction could be sought in the future. Commissioner Mohn asked, once Renaissance Drive is in place what is the likelihood of getting a through truck restriction or something that would help with enforcement. Mr. Bishop responded he cannot speak for VDOT, however based on what he has learned from their program that would be feasible to achieve. Commissioner Kenney asked if the Fire and Rescue proffer has been increased by 20,000 to make it now $50,000. Ms. Perkins noted it was initially $10,000, increased by $20,000 thus making it now $30,000. Upon motion made by Commissioner Marston and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #04-17 for Carbaugh Business Center, submitted by Stowe Engineering, PLC, to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. (Note: Commissioners Thomas and Unger were absent from the meeting) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 203 — Buffers and Landscaping §165-203.02. Buffer and screening requirements. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. Action — Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Planner reported this is a proposed amendment to Chapter 165 Zoning Ordinance to modify the requirements for residential separation buffers in the RP (Residential Performance) District. He continued, residential separation buffers are required to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. He noted the intent of this request is to provide flexibility for smaller infill type lots, ensuring desired housing types and densities specified in the LRLUP (Long Range Land Use Plan). Mr. Klein explained Staff has drafted a revision to the Zoning Ordinance Residential Separation Buffer matrix to modify the required buffer between: • Single-family detached (SF) units, townhome units; and • Single-family small lots (attached and detached) and townhome units Frederick County Planning Commission Page 3482 Minutes of November 1, 2017 Mr. Klein reported this amendment would change the required buffer category from a Category B Type Buffer to a Category A Type Buffer. Mr. Klein presented a brief comparison of the two buffer categories. He concluded the DRRC discussed this amendment at their April, May, July, and August meeting and agreed with the proposed changes; the Planning Commission discussed this item on September 20, 2017 and agreed as well. Following discussion on October 11, 2017, the Board of Supervisors forwarded the item to Public Hearing. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Patrick Sowers of Dave Holliday Construction commented he represented one of the Applicants that prompted the proposed text amendment. He explained this is not just between townhomes and single family detached dwellings, this also applies to single family small lot housing and noted this is important because as Mr. Klein pointed out, single family housing can be detached or attached. Mr. Sowers concluded this is basically utilizing land in the UDA and he is in support of this proposed amendment. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kenney commented this has gone through the process with the DRRC, not all were in agreeance, however, it has moved forward. Upon motion made by Commissioner Kenney and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning ARTICLE II SUPPLEMENTARY USE REGULATIONS: PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 203 — Buffers and Landscaping § 165-203.02. Buffer and screening requirements. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. The vote was as follows: YES: Marston, Ambrogi, Manuel, Molden, Triplett, Dawson, Mohn, Wilmot NO: Cline, Kenney Abstain: Oates (Note: Commissioners Thomas and Unger were absent from the meeting) ACTION ITEMS Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, submitted for construction of a special event facility. The property is located at 283 Barracks Lane, Winchester, Virginia and is identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. Frederick County Planning Commission Page 3483 Minutes of November 1, 2017 Action — Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Planner began by providing a brief overview and locations map of the property. He acknowledged the receipt of more than 28 pieces of correspondence regarding the proposed CUP and noted that a public hearing had been held on September 20, 2017. Mr. Klein presented a brief overview of the proposal and spoke to changes made to the application and additional recommended Conditions of Approval from the September 20, 2017 Planning Commission Public Hearing which was tabled for 30 days. He noted the Planning Commission had specifically raised three (3) concerns to be further evaluated, including: traffic access and safety, noise, and site lighting; further he noted how new conditions provided sought to mitigate these concerns. Mr. Klein continued, following the Public Hearing Staff sought additional comments from VDOT's land development division regarding the proposed entrance of Barracks Lane. He noted, Barracks Lane is a private driveway on the Applicant's property which connects to the state roadway network; VDOT reaffirmed their commitment to Barracks Lane as the proposed point of access on the property. Mr. Klein reported the second point of access is through the old Round Hill Fire Station property. He continued, VDOT confirmed in their correspondence on October 11, 2017 that his is not a preferred point of access and it crosses an un - signalized railroad crossing and provides limited lines of site on Round Hill Road. Mr. Klein reported Staff considered two (2) additional points of access: Cather Lane, which is a state partially maintained road, is of minimal width, unpaved, requires and un -signalized railroad crossing, and in Staff's research they have not been able to determine if there is a private access easement on the Applicant's property to the state maintained portion nor any agreement between property owners; second the proposal to use a piece of property owned by an adjacent land owner to connect directly to Round Hill Road would require a recorded deed of easement for use or written permission from the adjacent property owner. Mr. Klein reported the Zoning Ordinance — Supplemental Use Regulations for Special Even Facilities reads: Special event facilities that share a private access easement with another property owner(s) must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Mr. Klein commented regarding the concerns for traffic access and safety; Staff has drafted two (2) additional Conditions of Approval. Access to the site shall be provided to Woodchuck Lane via Barracks Lane orientation to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52 -A -280A In the future should the owner of Parcel 52-A-261 be able to secure private access to Cather Lane, Round Hill Road, or Woodchuck Lane through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. Regarding the site lighting, Mr. Klein noted an additional condition has been added that requires all lighting shall be downcast to avoid glare onto adjacent properties and residences. Mr. Klein presented the Condition of the CUP with the additions: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be submitted and approved by Frederick County prior to establishment of the use. Building permits are also required. Frederick County Planning Commission Page 3484 Minutes of November 1, 2017 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. *NEW* All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5. *NEW* All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. *NEW* Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks lane (private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A-261 to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52 -A -280A. 7. *NEW* In the future, should the owner of parcel 52-A-261 be able to secure private access to Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route 654) through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. 8. Events may accommodate up to and not to exceed 280 persons. 9. One (1) monument style sign is permitted. 10. Any expansion or modification of this use will require approval of a new CUP. Commissioner Dawson commented a prep kitchen was mentioned however it is not on the sketch and the Health Departments comment on the septic system regarding food waste is limited. Mr. Klein explained this will not be a commercial kitchen, it will be a kitchen for warming and catering company uses; the Health Department has approved the septic system for this Application. Commissioner Kenney requested clarification, does a CUP stay with the land. Mr. Klein explained a CUP does convey with the land. Commissioner Triplett requested clarification on when the events would end. Mr. Klein explained the condition: All events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight; the new condition was regarding music which would end outdoors by 9 p.m. Commissioner Kenney asked is this regarded as a commercial building or agricultural. Mr. Klein explained it is not an agricultural building where they could be granted agricultural exemption; depending on the design it may be considered commercial and the building officials will determine this as it will be an Agritourism type of use. Frederick County Planning Commission Page 3485 Minutes of November 1, 2017 Commissioner Triplett inquired this can be an event center and a subdivision. Mr. Klein noted that is correct. Commissioner Mohn asked what other uses could be established here that could have comparable impacts on the surrounding community. Mr. Klein explained under the By Right uses for the RA (Rural Areas) District it could have 5 -acre lot subdivision, farm wineries and breweries, churches, farmers market, etc.... Commissioner Mohn inquired would this be based on the site plan approval. Mr. Klein noted those types of uses would require and illustrative sketch plan. Mr. Robert Boyd the Co -Applicant came forward and provided an overview of things he has done to the property since purchasing and his future plans. He noted his cash flow will determine what he can do annually regarding planning, fencing and such. Mr. Boyd continued, with this proposal he is understanding of the concerns and does not feel the impacts will be too significant. Mrs. Dixie Scheulen the Co -Applicant came forward and commented this proposed event center is a necessity for her family and the sustaining of the farm. She continued, their hope is to mitigate the cost of the property mortgage and maintain agriculture in their community. Mrs. Scheulen reported she has sent letters and tried to personally visit each adjoining property owner. She emphasized her goal to keep the line of communication open with the neighbors. Mrs. Scheulen noted some neighbors are in fact in favor of this event facility. She continued, there is a common theme with those opposed to this and that is the entrance; all avenues have been explored and Barracks Lane is their best option at this point. She noted as a family they have agreed they will not forfeit any of their property for a compromise brought forth by a neighbor. Mrs. Scheulen explained regarding the septic and well water concerns; they are limited to what they can do by the Health Department. Mrs. Scheulen commented they want the farm to be self-sustaining and would like the community's support. In closing she provided information on the aspects of Agritourism. Mrs. Clair Boyd the Co -Applicant addressed several concerns brought forth: o Supervision on site — there will be staff as well as them personally to handle all supervision. o Waste and trash — they plan to monitor the area for this, they take pride doing work themselves and maintaining the property. o Noise/sound — the distance to other properties is significant, there is a condition in place to mitigate this. Mrs. Boyd concluded, regarding the name REGALO LLC, this is the acronym for the first initial of all their grandchildren. She thanked the Planning Commission and the Planning Department Staff for all the time spent on this CUP. Commissioner Kenney asked what constitutes a CUP being negated. Mr. Klein explained if it is found that a CUP was in violation of any or all their conditions the CUP could be revoked. Mr. Ruddy commented the most important thing, with the revocation of a CUP, the conditions guide how the operation runs, the revocation occurs back through the Planning Commission and the Board of Supervisors; the Board of Supervisors, if there are significant complaints, would have this ability. The conditions that guide the CUP are important and if not followed it falls to the Board of Supervisors to revoke the CUP. Commissioner Kenney asked Mr. Ruddy to define significant. Mr. Ruddy continued, the intent is to make the conditions as clear as possible. He explained it is very clear what has been presented as to how the property would be used; the site plan that will be approved, all the review agency comments that are provided will need to be followed. Frederick County Planning Commission Page 3486 Minutes of November 1, 2017 Commissioner Kenney commented he has not seen any correspondences from those in favor of this, however, there are numerous ones opposed; he is not convinced farming is taking place there. He stated he feels this property was obtained for the events center not farming and does not think it is a right fit for this area. Commissioner Marston commented he believes the Applicants do plan to operate as a production farm on this land, what acreage they can. He continued, all should remember they just purchased this land and most was just grass. Commissioner Marston noted he believes their intent is to put cattle on this property once it is more established. He concluded he has confidence the Applicants do want to work with the neighbors. Upon motion made by Commissioner Marston and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, submitted for construction of a special event facility. The property is located at 283 Barracks Lane, Winchester, Virginia and is identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. The vote was as follows: YES: Marston, Ambrogi, Manuel, Molden, Triplett, Dawson, Mohn, Wilmot, Cline NO: Kenney Abstain: Oates (Note: Commissioners Thomas and Unger were absent from the meeting) 2017 — 2022 Capital Improvement Plan (CIP) — The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2035 Comprehensive Plan. Action — Recommend Approval Candice E. Perkins, Assistant Director reported the Planning Commission previously held a public hearing for the CIP on September 01' and tabled the item for 45 days. She continued Staff is seeking affirmation that the projects in the 2017 — 2022 CIP are in conformance with the Comprehensive Plan. Ms. Perkins noted the CIP is scheduled for a public hearing at the December 13, 2017 Board of Supervisor's meeting. Ms. Perkins reported the CIP is an advisory document that is updated annually; with each cycle projects are removed from the plan as they are completed or as priorities change. She continued it is intended for use as a capital facility planning document, not for requesting funding allocations. Ms. Perkins noted the monetary amounts shown within the tables were compiled during December 2016 — January 2017; some of these figures may have changed and updated figures are being gathered with the 2018-2023 CIP. Upon motion made by Commissioner Kenney and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of 2017 — 2022 Capital Improvement Plan (CIP) — The CIP is a prioritized list of capital projects Frederick County Planning Commission Page 3487 Minutes of November 1, 2017 requested by various County Departments and Agencies component of the 2035 Comprehensive Plan. INFORMATION/ DISCUSSION ITEMS The Plan is created as an informational Master Development Plan #05-17 for Abrams Chase submitted by Painter — Lewis, PLC, on behalf of Abrams Chase. This application seeks to develop 3.24 acres of land zoned RP (Residential Performance) with 13 units age restricted single family. The subject properties are located on Senseny Road (Route 657) 500' west of the intersection with Channing Drive, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 65 -A -27A and 65 -A - 28A. M. Tyler Klein, Planner reported this proposal to develop 3.25 acres of land zoned RP (Residential Performance) District to 13 single-family detached (SFD) age -restricted units; the Master Development Plan (MDP) also included 0.64 acres of right-of-way improvements for Senseny Road. Mr. Klein noted the Applicant is also seeking a waiver of the requirement for a community center. He provided a locations map of the property. Mr. Klein reported the properties were rezoned in 2007 with REZ #11-06 to rezone 3.25 acres from RA (Rural Areas) District to the RP (Residential Performance) District. He continued the properties were also modified in 2015 as part of REZ #04-15 to modify the approved proffers to restrict the residential uses to age -restricted and reduce the monetary contributions for proffered improvements. Mr. Klein reported access will be provided to the site via Senseny Road; future inter - parcel access is provided to the west, and a turnaround is provided for residents. He continued sidewalks will be included on either side of the internal street for pedestrian connectivity within the development, and a 10' trail will be provided along the property frontage on Senseny Road. He noted the right-of-way for the future condition of Senseny Road as a four -lane roadway is also reserved. Mr. Klein provided a visual of the MDP. Mr. Klein explained the Applicant is also seeking a waiver of the community center requirement as the proposed subdivisions contains less than 25 lots and the Applicant will provide equivalent recreational value within the development. Mr. Klein concluded the MDP for Abrams Chase is generally consistent with the requirements of the Zoning Ordinance and the MDP is also in conformance with the proffers and Generalized Development Plan (GDP) for the approved REZ #11-06. Upon motion made by Commissioner Manuel and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval for the waiver of the requirement for a community center. Annual review of Bylaws and Roles and Responsibilities Michael T. Ruddy, Director reported the Bylaws and Roles and Responsibilities were provided over a month ago to the Planning Commission, he has received a few responses noting everything was in order; he will continue forward with this information. Frederick County Planning Commission Page 3488 Minutes of November 1, 2017 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Cline to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting adjourned at 9:05 p.m. Respectfully submitted, Kevin W. Kenney, Chairm� n Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3489 Minutes of November 1, 2017