PC 12-04-13 Meeting MinutesMEETING SMINUTE-
OF THE
FREDERICK, COUNTY PLANN, INQ .6OMMiSSION
n the dick County Admml§tration Building at--' Held in: Board Rodi*,Of Ali& Fred u 107 North Kent, Street in
Wincfiester, Virginia on December 4 „20.1'3'.
PRESENTI:{, June M. Wilmot Chairm ian /Member at' Large; Roger :L. Thbmas, ice. Chairman
District; D, 9pequon Di ct-- Gary— R. Oates;, Stone lf i-strict. J . StanI s `QrQ Stonewall Disirict-,'Lawren R
Ambrbgi- Shawnee. District -, H. Paige, Ma nu6i, Shawnee, Disfrict;, kevi. Kenney, Gainesboro District;
Charles E.Jrplett, Gaines-b,' ro- `f. i Ail
r6g L; Ung er- Back Greek District, Rhodes. Mat toh, Back
Greek -District; Christopher M. Mdhn Red Bud District; .Charles E., Dunlap 'Red Bud District; Roderick
6 e Wiley, B. Williams, County Attorney* Robertrtt Hess,. Board of `Supervisors 'Liaison; and William.' I
STAFF PRESENT: Michael T. Ruddy, -Deputy Director,„ Mark R. -Cheran, Zoning & Subdiyisibn
Administrator Candice E. , Perkins Senior '- Planner, and Renee! S; Aflottd,, Clerk.
CAL LTO ORDER
Chairman 'Wilffi.of called the. December 4, 2013,, ffidefiifg, of"the. Frederick County
flanning, Commission to order, „
i -
at Chairman Wilmot commenced the ni'cefing by inviting
pveryone'to join in a moment of silence.
ADOPTION' OF AGENDA
Upon -motion made ,,by, Commissioner Oates and secOnded"bv-Cbmm;issioner,.Crodkett; -the
PlAnhihg, Coftimi§siob unanimously the agenda for this eyenkMg t. s,mee, ing.
8"SufEls,
Qpph-ftiofi6ft ffidd& by Comm'is-si'oner Oates and:, seconded b y Coinmissidner Crockeft, the
minutes of the; Oc:tdber-,I6; ',2013, and November 6, 2.043 Planning'Commi'ssion were unanimously
approved as presetfied.
mmi§sio Page 3,037Fr'ederick County Planning Commission
Minutes of December 4,.2013
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COMMITTEE' REP.ORTS
Comprehensive: Plans & Programs :Committee (CPPC)'- 11/20%13 M_tg
Commissioner Mohr; reported. the CPPCs considered the, 20;14 2015 Capital
Improvements'Plan (CIP)' and, made a recommendation oflapproval.to the`Planning Commission. He said
th'e CPPC-' also:had a brief di'scussionrof °the progress with the Southern Frederick Ar,ea..plah Study.
j
Transportation,Cqmmittee;---:, HA25/131 M g.
Commissioner Oates: ;reported` about three items on the Transportation Comm_ittee's;
agenda. First' was a speed study request on Cedar Creek Grade; ,n eavaseondominium- housing- °project just
insidelhe Winchester City Lme; considerihiz the increased traffic; ;it w- a- perhaps`a lower
speed limit through this area wbuld'be appropriate. Commissioner Oates said. the, committee voted, to
make that request :of V'DOT. Commissioner Oates said the, secon&- tern `VD:OT project, updates, focused
on Exit 31.0 and .Exit 3`13;;, which ise a study of Route 522 and ,'Route: 50: He. said the other project "updates
included ;the improvements taking place at Crosspo rite, Hillandale anda' sk&Road.
F Winchester <:Plannin Commission — IPP01131 Mtg.
Winchester gCoffrnission is William, Wile ed the; Winchester
Plannin g Commission discussed a text amendment
Liaison,
pertaining to home 'occupations. He said, the
amendmerit'focused on permitted accessory structures with a conditional use perrriit and the amend "merit,
passed urianimously..Mr. Wiley said ;the Planning Comm_ ission will be considering a cell tower- at their
publie:hearing next month.
7
Citizen-Comments
Planning .Commission s. agenda::No .one came forwacd'to
speaks
on any, sub Wet not currently, on theChairmanWilmotcalledforcitizencommentr
the .citizen
comments portion of the, meeting:
and Chairman Wilmot closed
i
4'
r` F
of'Decern er -4;
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PUBLIC HEARING
Height
I
W . aiVer Reqyest1-fbr-.Carm . euse: Lihte and'. Stone, Inc-..'by Lawson and, S
Inc , to allow the c ofigtificti6ii of if .200 -foot= tall ,#t e theof -CAriftetWe Lime 4fid $tone Co.,
Quarry` -off'Quarr Lane in the .Stonewall. Magisterial 'Di trict. -ThisexistingflearbroogQparry
property--&I'deii.tified b,yVJ.N,;-33-Anf44
Action — Recommended
Senior Planner- Candic& E; - Perkins," reported; -tft&;sidff had received a request from
Law,son,,and Silek. PLC., on, behalf o-fCanneuse Lime and -$to_ne:, Inc.., to, allow ,the construction of a
new kiln. at the ex'istingClea]fbrqok- Quarry located off'Quarry Lane. m the Storiewall Magisterial District.
Ms..'Perkins.,said the requested waiver `is for the construction .cif,.-a,'kiln, .wiih,tlfe,"skin," up io-2W feet in
height. She noted the proposed' kiln structure would, be riior6than 1,00W.feetlrom the closest. adjacent
property,.
Ms. 'Perkins ,stated ,the :Planning Comrriissi'on,., considered .'th'i's request, at their
meeting, 0 ni Solive ffi b6r,- `20T 'arid theC.offini'ssion fecoffi- ended zppf6V6l_ofthe,wdiVef fdrakilh, ug, to6, in
2;00 feet` in hei4hi with the; She, hotel Boa rd, of Supervisors approved arf ordinance amendment
at their November JJ,",J3meeting w allowed the maximum height in the; EM, District: m be. waived
1., -1 , -
I - — 1- .
hJc -
p Iu to with,,a Board,wai ver,follow,ib a public hearing;- Due to the additibn of, he public hearing, t .9
feq-Wrdffen4 the "Cdrffieose Wii'Vefr&Cfu6st,.niUst be taken back, through lie PI'anninK Commission d the
Board of rSupevis or$ PrQcesse
coinniis§ionef, Oates, asked 4f there havel'be&7 any changes to, the Waiver request, since ,the
Pldnning CommissiloW s November 6 ,reeting. Ms., Perkins .replied no.
Chairman Wiln ot askctt.fof. clarification Ofi,whefho'r.tlio.,pu,bl,ic:hearing requirement for
Wdiv&s'Wbuld he dpplica'ble fo,other lf&igbt,; dhanges the Planning Commission, wpjqjd recommend.. Ms.
Perkins replied yes; she said any ' Pig t,..waiver that comes bef6re the U ommissionand Board would
reqp1re i public hearing.
Mr. Thomas ;7 Y 7' Moore; Lawson was representing Carmeuse'Llme, and Stone, Inc. He
said. the Board `acc epted all !of the, "ConiihissibiII& recommendations;, however;• they just added one
additi6nal roquitement which was TdF. the, p u blic hearing. Mr;-LaWsoij thought tbe public hearingI , . - __g
requirement` was not so much for this particular, request, beca6se;,thi§was probably1he third "time the
Commission had reviewedlihis =ah&the, DIM, had ads-o reviewedJJf..'He believed thats-i0cethe Boapd.Wps
re'vi'sing an ;ordinance fot,141] ffiture,,a plications-they wanted'a! requirement for Xpubfi'C hearing.
C called forany-one O wished 'to, speak either in, favor or opposition toM_ . _. .- whhai' d n,,Wilffiot
thewaiver request:, , NO one came forward to speak and "Chairman 'Wilmot closed thdy public- c6mmedftt,
poftion of hearing.
ei
Commissioner Thomas made a motion Jo r&Ominend, 4PPtova of a? 00 fQb " t height
waiver for, PJN. 3347-144, t6, Alho-WIhe,construptiOn of ,a 200 7"foQt tall, kiln, including the, "skiii.," at the
eki'sting Cl&axibrobk Quarry. "' This motion was seconded by Commissioner' Crockett and was
uhanimously.'p, assed.
Ffederick,"County Planning Cbffimi - ssion, P.age3039
Mindiesof December 4, 2013'
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BE'IT.RES.OLUED; t1 e:Frederick:County'Plann ng.Commi`sston'..does hereby ,unanimously recominend
approval of a 209 4o6t height waiver for° Carmeuse :L me and S.'tone, Co Inc.; subifted, by Lawson 'and
S'ilek, P.L.C. on, be of Carmeuse Lime' t and Stone 'Co.,.Inc.,,to'allow the construction -'of a 200 -foot tall.
kiln; with skin, at the - ;existing, Cleart rook Quarry; P.I N'. 3:3 -A =144,. located off Quarry Lane in the
Stonewall' Magisterial District:
PUBLIC MEETING
Rezoning #06 -13 of Silver .Lake„ LLC submitted. by 'Greenway Engineering, o ;request a' minor:
revision `fo fhe' proffer statement, associated with Rezoning , #01.19 ,of Silver Lake. Tli'is. reyision-
relafes to `the relocation f6f the site provided for the,-,' development 6f 'A new fire _'an., rescue- facility-
and support facilities. The properties arse "located on the, north >sideoof Northwestern Pike (Rt; 50.V);
west of Retail 'Boulevard,. and., e-ast of Poor House, Road.;(Rt: 654). 'Primary access is provided; via
thee new °developed National.,'Lutt eran Boulevard. The;'pro•perties -are identified,. with P'.I N s 52' -A-
C,= 52 -ArMA, 52 -A -52, and 52-A-6 3'i.1wthe Gainesboro Magisterial District.
Acfon,= Recommended. Approval,
Deputy PlanningDlrector, Michael, T. Ruddy,• reported 'thisrequestJs -,for a, -minor revision
to ° the, proffer° statement .associated with. Rezoning' #0`1 -09 of Silver .Lake and relates to the relocation of
the; site provided. for ;the development ;of a -new fire and' rescue °facility'and support facilities. Mr, Ruddy
said the new location for the. fire • and reseue site will front on Corporate ,Place,Drive near the intersection
of National Lutheran Boulevard': The site, was previously located along'Northwestern Pike and Silver
Lake Road.. He.noted the? proposed general location of the fire and :rescue site is. further identified on the
updated GDP (Generalized' Development; Plan) and the proffer (statement which modif es °thus revision 'is
dated November 4, 20;13: In addition; the, "revised proffer statement addresses several minor editorial
changes that relate to the4ctual development. of •the site since the origmalvrezoning.
Comrnis "sioiiefaOates asked`for e'larific "ation,'concc, , ing the date change within the proffer
from, five years to a specific date; April; 21,'26 °14. 'Mt. Ruddy replied the:,original`. proffer provided a time
period in which the proj'eet should moye .forward with triggers ,and was approximately four to five years
from. the original rezoning. He said the, April 21; 2014 date is essentially the same time .frame placed'
within the „,original proffer. statement.
Mr Evan •A, Wyatt „with Greenway 'Engineering; was representing this- rezoning;
application: Mr., Wyatt stated the .original rezoning showing"th& former fire ,and •rescue site, had, proffe_ red
a preemption signalized intersection at Route 5'0, which, would allow ffke and rescue.veliicles °to• turn lights,
red” when approaching the mtersection Mr. Wyatt said the preemption signalised intersection has been
moyed:to the: existing signal on, Lutheran Boulevard.
Ch a rman,`Wilmot mqui'redabout,the'two future; alternative routes to the, mest,designated
on the GDP- in the location of the relocated fire and rescue :site. Mr. Wyatt explained that at the, time of
the original rezoning; the traffic tudy .indicated a need, and the Board• desired, a connection to Poorhouse
Frederick County Planning °Commi`ssion, Page 3040
Minutes of"December4,20'13
g-
Road; .and the, applicant proui&d, those two road, option's. .Mn Wyatt said "those two toad,,Options were a
part of the original proffer, and "d'o,n- t have any part';of the relocation' of the fire and rescue site.
Chairman Wilmot called for 'any citizens who wished to speak regarding,'tls "rezoning
and proffer amendment: No one eaine forward to speak and,'Chairman Wilmot. closed' the public
comment portion of the: meeting.
A motion was made 'by Comrriissioner'Triplett 'io recommend, approval of Rezoning
Application #06 -13 of Silver 'Lake,: LLC and the associated proffer amendment. 'This :motion was
seconded by Commissioner Kenney, and ;unanimously passed,, .
BE. IT RESOLVED; the 'Frederick County. Planning, Commission does. `hereby unanimously .recommend,
approval. of Rezoning 406 l3:.of Sil -ver ,Lake; ,LLC'; submitted by Greenw,ay Engineering; for a minor
revision to theproffer statement'associated,`with Rezoning - #,Qt :19. of Silver Lake: Thi''srevision relates to
the relocation of the site provided 'f6r,Ihe development of 'a new fire and °rescue,Tacility and support°
facilities.
INFORMATION/ DISCUSSIONATEMS
Revised Master Development Plan *03 -,13 for The Townes 'at Tasket. submitted. by Penn "oni
Associates; Ines, to •develop an 80 unit townhouse development:; The subject' property'is located on
the east side of Tasker Road (Rt. 642) and north, of Rutherford Lane (Rt. 846), approximately 0.7
miles south of thgee I-81 Interchan a 310. The pro ee is further identified `with, P I N., 75 =;A,46 yin.
the'Shawnee Ma isterial District., This item; is presented for informational purposes only.,
No.Action Required
Senior 'Planner„ Candice ,E. ,Perkins, reported "this Rev sed MIjP (master development,
plan) .is. to develop 10.25' acres of 1'ah4 zoned RA (Rural Areas)`with a "total of'81 single- farni!ly attached
townhouse units 'Ms. Perkins said.this' receiving property. will be . utilizing° transferred. development rights
V,
as permitted by the TDR (Transfer of :Development Rights) ordinance "to develop with RP (Residential
Performance), District standards; She said the subject receiving parcel will be 'utilizing 54 transferred
development. rights from six parcels ,(72 A 3'0 72 -A =34, 72- A -29C, 2,1- A -7A,; "31- A -3'4, and .34- A -34B)
located within the County's sendinglarea.
Ms. Perkins! noted ;the Wk is .the, same layout reviewed b; ,'the Plan frig Commission on
Nouerriber .6, 2013: Tlie:;only revision pertains to the. number of residential units; based on the, approval of
t the TDR Ordinance =amendment's. She, said. the Board of :Supervisors; approved. the TDR conversion ,rate
which is based.onahe type of housing unit being, developed on the recewirig property; either- si'ngle-fami'ly,
g
ppro
Y _ .
ty
g
g:
Y
y _
ndetachedsinle.- fainil attached- or multifamil Based on the sin le famii attached TDR ,conversio
rate;. she said this roe owner pow has the abili to build 8,1- sinle famil attached units on this:
property. Ms,. Perkins stated the property isT using 54 transferred rights from, six, parcel's; within the
sending area; lthe54 development units multiplied by the conversion rate' of 1:5 equals the 81 units they
now have righfs'fo develop.
Eiederick County`Planning,.Comm s`siob Page '3041
Minutes of °December 4, 20 131
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Commissioner Thomas ,commented that 'VD0T seemed' to have, questions and safety
concerns abbut,the,.affiquh.t of trips on Task6r-,'Road (14;, 642-) dnd,,'he inquired, about, the, applicant's
discussions -with. VIJOT,
Mr. no-ni Associdtes fnc. was the representative- f6rIthis MOPRdhald.Mi'9l.6ws_ i. wi en
Ipplication, In response to Co'nimissioner Thomas's inquiry, `Mr. MWbw-ski ,stated the major concerns
that wi'll need,to be overcom'e°involve the widening of'TaskerR6ad,,,n.orth-of the site,and the construction
ki
t - ed that working out, fid 'the re,t "hing'wall i ' constructed; asof'a,rotaining,,wall., Mr; Mi4lows i,ex an ai iss
well as ho w VDOT will 'provi'
l -fibiur.e.,mairtenance of'it;, 4rejliq major issues at this time,;. He said
MOT has asked the,agplicdnt to ;fry --, and'acquir-e an easerfient"Roin an hajoining. pfoperty owner and they
are "itr the process of worki
I
ng owth"is ., , He ;added they WM need to get ;appro a] of the plan
before Frederick, County will sign °,theii-- site plan, which Would 'allow the applicant to subdivide the
property.
Commissioner Unger this was the first dine application: has comepAer __ s -me
through the Process. and he; asked the4ppl icant about the experience was easy to accomplish. Mt.
Mi§l6_W`,ski!stAted it W'as an easy processI
and'the, ywere guided 4ailid'ass "i fed by the Planning Staff and the
process has worked out well.,
No action WAs, ri Q_edoldibf-takeh byythe PIdniiiiig Commission at-this time,.
ANNUAL REVIEW OF THE' PLANNING' COMMISSION BY-LAWS AND THE ROLES AND
Deputy Planniifg Pi ectoh-- Michael - - - T-. Rud- dy, rppI ort'oI—d this is the time .o.f y ear,when the
P14miing Commissi onlreviews its two,guiding,documents,.the.Bylaws and the Roles and Resoonsibilities,
and if any modifications;. are jie,eded., this is "the time to Accoftipfikh ffio,96., Mr; Ruddy said :based on'the
feedback'staf!"hag received .so,far,,,Kfew, changes have 'been .rprqp,,0sed'to both documents. Mr.: Ruddy
briefIv reviewed those,prQposed 7chang6swithIhe Commission, as,,follows:
Page --sim Bylaws: Article; V — Committees. Section 5-9, the' name "ad-'hoc", of the Planning . C omm ils
group has beenchanged,to "worki!ielgroup.
Page of the Planning, Commission ;Bylaws: Article VIII — Operating . Rufes;:Section 8-1-7, Vuw"I`C:
in "PlanningMeetings" has?. Meeti' -'been. changed, to 'Adidn Items; „' Aftd Section 8-14 lanhiq Commission ";Discussion” -
hasheen chaiia6d,to,"fnforrhati'on/Discussion.;lteih's."
Page ,of the, Planning. Commission Byldws: Article VIII — Operating Rules, Section 8 3-9-2 a,
typograp hicaterror. has been corrected from Administator" to Administrator."'
Pages I, and, 3`,-df,,the, Planiiing. Commission 'Roles and. Respon_iNlftiqs- Under,the section,'Commissioner
Development, -_,'an lupdate drefiects the xevi§e-d.,.name, of the organization, providing educational. assistance to
Commissioners inbur ;area from "CPEAV 0 1 nCitizensPla-ndniiig Education6 XssociAbif of Virginia)'' to
TlanVirginia"
Trederi , &t6unty Planning Commission: ommli'ssio-n',, Pzfge 3041
Minutes of gecember, 4, 20 13
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please
F
tthe muk( the
wsPlannina Rnb bud 90l 'be
oxkbroduud at huhuo
OTHER
Chairman Wilmot mo ouaucdthccc were no pending, applications for, te, Commission,s
Dec.ondber|8L.20l1, addthe fj[pWin~ oh J-`- — [ -a
Upon motion ' made the
D*c"^^~^ '",^"^3"°""'~^""'"`"y^x meetings ~—~ ~~^e~ canceled ^v~~^~^^'^^`~~`~~
ADJOURNMtNt
Odtes-to adj ourn 'the. meeting.* T - his moti
I
on was:seconded by Comm , issfoner Crockett and unanimously
minutma of December 4`28l3,
k6spectfully submitted,
Dep