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PC 02-15-12 Meeting Agenda AGENDA REGULAR MEETING FREDERICK COUNTY PLANNING COMMISSION WEDNESDAY, FEBRUARY 15, 2012 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 7:00 P.M. – Regular Meeting – Call to Order Pursuant to established procedures, the Planning Commission .... should adopt the Agenda for Adoption of Agenda the meeting. Minutes: .......................................................................................................................................... (A) 1. Regular Meeting, January 4, 2012 County Officials: 1. Resolution in Honor of George J. Kriz as a Member of the Frederick County Planning Commission ............................................................................................................................ (B) Committee Reports Citizen Comments Public Hearings: 1) Rezoning #01-12 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District, totaling 12.692 acres, to M1 (Light Industrial) District, with proffers. The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the north side of Snowden Bridge Boulevard, and are identified by Property Identification Numbers 43-A-143, 43-A-144, 43-A-145, 43-A-146 and 43-A-147 in the Stonewall Magisterial District. Mr. Ruddy ............................................................................................................................. (C) 2) Rezoning #02-12 of Renaissance Commercial Center, submitted by Greenway Engineering, to rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. The properties are located on the west side of Valley Pike (Route 11 South), approximately ½ mile south of the Route 37 interchange near Interstate 81 Exit 310and are identified by Property Identification Numbers 75-A-2C and 75-A-2R in the Back Creek Magisterial District. Mrs. Perkins ........................................................................................................................... (D) Adjourn Frederick County Planning Commission Page 2816 Minutes of January 4, 2012 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 January 4, 2012. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; Board of Supervisors’ Liaison, Ross Spicer; and Roderick B. Williams, County Attorney. ABSENT: J. Stanley Crockett, Stonewall District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee’ S. Arlotta, Clerk. ----------- CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced the addition of an item to the end of the agenda involving discussion of a proposed amendment dealing with sidewalks and pedestrian walkways. A motion was made by Commissioner Kriz to adopt the January 4, 2012, agenda for this evening’s meeting with the additional item at the end of the agenda. This motion was seconded by Commissioner Triplett and unanimously passed. ------------- ELECTION OF OFFICERS, MEETING SCHEDULE, COMMITTEE APPOINTMENTS, AND ADOPTION OF BYLAWS FOR 2012 The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the election of the Chair and Vice Chair for 2012. Election of June M. Wilmot, Chairman for 2012 Secretary Lawrence declared nominations open for Chairman for the 2012 calendar year. The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Thomas and seconded by Commissioner Triplett. Frederick County Planning Commission Page 2817 Minutes of January 4, 2012 A motion was made by Commissioner Kriz, seconded by Commissioner Thomas, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Ms. June M. Wilmot as Chairman of the Planning Commission for the Year of 2012. ------------- Election of Roger L. Thomas, Vice Chairman for 2012 Secretary Lawrence declared nominations open for Vice Chairman for the 2012 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2012. ----------- Election of Eric R. Lawrence, Secretary for 2012 Chairman Wilmot declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Eric R. Lawrence was made by Commissioner Thomas and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Thomas, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2012. ----------- MEETING SCHEDULE FOR 2012 Planning Commission and Committees Upon motion made by Commissioner Thomas, and seconded by Commissioner Triplett, Frederick County Planning Commission Page 2818 Minutes of January 4, 2012 BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors’ meeting room in the Frederick County Administration Building. In addition, if inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to Thursday evening, which is the day after the regularly-scheduled Wednesday meeting. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission has voted unanimously for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at 7:00 p.m. in the first floor conference room; and for the Development Review and Regulations Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room. ------------- Committee Assignments for 2012 Regarding committee assignments for the calendar year of 2012, Chairman Wilmot asked the Planning Commission members to remain in their current committee assignments until she had the opportunity to communicate with everyone individually and determine if everyone is satisfied with their particular role. Chairman Wilmot next announced the following liaisons: Transportation Committee, Commissioner Oates with Commissioner Lemieux as his alternate; Historic Resources Advisory Board, Commissioner Oates; Economic Development Commission, Commissioner Madagan; Sanitation Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; and Winchester Planning Commission, Commissioner Mohn. ------------- Planning Commission Bylaws and Roles & Responsibilities for 2012 Planning Director, Eric R. Lawrence, stated the Planning Commission’s Bylaws and the Roles and Responsibilities were both reviewed by the Commission last month and there have been no changes. He said both are appropriate for approval this evening. Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws and Roles & Responsibilities for the calendar year of 2012, as presented. ------------- Frederick County Planning Commission Page 2819 Minutes of January 4, 2012 MEETING MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the December 7, 2011 meeting. ------------- COMMITTEE REPORTS Senseny Road/ Eastern Frederick Urban Area Plan Facilitator Group Meeting – 12/21/11 Mtg. Commissioner Mohn reported that the Facilitator’s Group discussed business development and residential group recommendations. He said the next meeting will be on Monday evening, January 9, 2012, and the group will be focusing on green infrastructure and public facilities group recommendations. ------------- Economic Development Commission (EDC) – 12/09/11 Mtg. Commissioner Madagan reported the EDC continued discussions regarding the “Strategy and Mission” of the EDC by insuring those goals were in line with the new Comprehensive Policy Plans from both the City of Winchester and Frederick County. He said some areas of modification were discussed and the EDC will probably adopt the new “Strategy and Mission” at their next meeting. Commissioner Madagan reported that all future annual reports of the EDC will be delivered in digital format only. In addition, he said the EDC staff reported about their attendance at the Private Label Manufacturer’s Association Expo in Chicago in November. He said the EDC staff was able to conduct an appointment with a targeted company while there. ------------- Winchester Planning Commission – 12/20/11 Mtg. Commissioner Mohn reported that the Winchester Planning Commission considered a conditional use permit application, a small rezoning on Amherst Street, and some administrative action items. He said the most significant item was the announcement that this was Chairman Nate Adams’ last meeting, as well as Commissioner Kevin Talley’s last meeting. ------------- Welcome to Gainesboro Supervisor, Mr. Ross Spicer Chairman Wilmot welcomed Mr. Ross Spicer, the newly-elected Board of Supervisors member from the Gainesboro District. Frederick County Planning Commission Page 2820 Minutes of January 4, 2012 ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda. Mr. Dave Stegmaier, Director of Community Outreach for the Honorable Frank R. Wolf, U.S. House of Representatives, 10th District, came forward and introduced himself to the Planning Commission. Mr. Stegmaier said he has been working the last several months out of the Cameron Street District Office. He stated he writes weekly reports to the Congressman about events taking place in the Valley, people he has met, and meetings he has attended. Mr. Stegmaier commented that he looks forward to reviewing the agenda and following up in summary form to report on this particular meeting. Mr. Stegmaier added that his role is to be a conduit for information and if any of the Commissioners, either individually or collectively, have an interest in sharing views with the Congressman, one way of doing so would be to contact him at the Cameron Street office and he would be happy to follow up. -------------- PUBLIC HEARING Conditional Use Permit #10-11 for Joseph Racey, Sr. and AT&T Mobility for a 199-foot monopole telecommunications facility at 3392 Back Mountain Road. This property is identified with P.I.N. 59-A-6 in the Back Creek Magisterial District. No Action – Applicant Requested Postponement Chairman Wilmot announced that correspondence, dated January 4, 2012, was received from the applicant requesting the application be withdrawn from this evening’s agenda. Chairman Wilmot asked if there was anyone in the audience who came to speak regarding this particular conditional use permit application. No one from the audience indicated they were present for this particular application. Commissioner Thomas made a motion to remove this item from the agenda and to postpone it indefinitely, based on the applicant’s request. This motion was seconded by Commissioner Triplett and was unanimously passed. (Note: Commissioner Crockett was absent from the meeting.) ------------- Tasker Road Comprehensive Policy Plan Amendment (CPPA #01-11) involving an 11.35-acre change in land use classification from Institutional to Residential. The property, Parcel 86, is located on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles south of I-81, Exit 310 interchange, in the Shawnee Magisterial District. Frederick County Planning Commission Page 2821 Minutes of January 4, 2012 Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, stated that access to the site ultimately would be through Rutherford Lane with potential access via inter-parcel connectivity to the parcels to the east and northeast. Mr. Ruddy said the Comprehensive Policy Plan Committee (CPPC) approval recognized the transportation aspect of the request and recommended further efforts in providing the best and safest access to the site, including inter-parcel connectivity. He said this was followed forward to the Commission and Board discussions; both of those bodies were generally in support of the proposed request and the Board of Supervisors directed the staff to move towards a public hearing. Mr. Ruddy added that a map for this will ultimately be incorporated into the Senseny/ Eastern Frederick Land Use Plan, which is currently under development. Mr. Ronald Mislowsky, with Patton, Harris, Rust & Associates, came forward on behalf of the owner, Shawnee Village, LC, c/o Dave Holliday Construction, Inc. Mr. Mislowsky stated the inter-parcel connector issue is new to him and he did not remember hearing about it up to this point. Mr. Mislowsky stated that PHR&A has prepared a plan, VDOT has reviewed it, and the applicant is aware they need to abide by an intersection design which meets VDOT’s approval for site distance, safety, and stacking, etc. He said he understood the issues about access at Rutherford Lane and Tasker Road; however, the inter-parcel connectivity may be a problem. He presumed the parcel in question was the mini -storage parcel to the north; however, he wasn’t sure if it was appropriate to have inter-parcel connectivity between a commercial piece and a potential residential use. Mr. Mislowskly hoped the inter- parcel access would not be a requirement for the Comprehensive Policy Plan Amendment because he wasn’t sure whether it would be possible, due to the elevation of the properties or the uses of the properties. He said they will be happy to work with the staff through the approval processes to see what can be done, but he would rather not have the inter-parcel connectivity issue be contingent for approval. Chairman Wilmot next opened the public hearing to citizen comments and called for anyone in the audience wishing to speak regarding this Comprehensive Policy Plan Amendment. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Manuel made a motion to recommend approval of CPPA #01-11 of Tasker Road, Parcel 86, to the Board of Supervisors. This motion was seconded by Commissioner Ambrogi and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of CPPA #01-11 of Tasker Road, Parcel 86, consisting of an 11.35-acre change in land use classification from Institutional to Residential. (Note: Commissioner Crockett was absent from the meeting.) ------------- 2012-2013 Capital Improvements Plan (CIP). The CIP is a prioritized list of capital projects requested by various Frederick County departments and agencies. The CIP is created as an informational document to assist in the development of Frederick County’s annual budget and, if adopted, is a component of the 2030 Comprehensive Policy Plan. Frederick County Planning Commission Page 2822 Minutes of January 4, 2012 Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the Comprehensive Policy Plan (CPPC) Executive Committee endorsed the 2012-2013 Capital Improvements Plan (CIP) for Frederick County at their meeting on November 14, 2011. Mr. Ruddy stated that the Planning Commission and the Board of Supervisors concurred with this endorsement during their individual discussions and affirmed the CIP’s conformance with the Comprehensive Policy Plan. He noted that this year’s CIP contains 92 projects, with several added projects revolving around the Winchester Airport. Mr. Ruddy said the CIP continues to reinforce the connection between the CIP, the Comprehensive Policy Plan, and rezoning applications, particularly with proffered contributions. Commissioner Unger inquired about plans for the fourth high school. Mr. Wayne Lee, with Frederick County Public Schools, explained it takes approximately three to three-and-a-half years to go through the approval process and to construct a school. Mr. Lee said the School Board would like to have the school opened by the Fall of 2016; therefore, the plan is to get started three years before that time. He said the Fall of 2016 is when the School Board has projected there will be a need, population-wise, for the fourth school. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. A motion was made by Commissioner Thomas stating that the 2012-2013 Capital Improvements Plan (CIP) was in conformance with the County’s Comprehensive Policy Plan and recommending that the CIP be sent forward to the Board of Supervisors for approval as presented. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously endorse the 2012-2013 Capital Improvements Plan (CIP) and its conformance with the Comprehensive Policy Plan and does hereby recommend approval to the Board of Supervisors as presented. (Note: Commissioner Crockett was absent from the meeting.) ------------- A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article II, Supplemental Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, Section 165-204.19 Telecommunications Facilities, Commercial. This proposed amendment includes revisions to the commercial telecommunication facility requirements of the Frederick County Zoning Ordinance. Action – Recommended Approval Senior Planner, Candice E. Perkins, reported this proposed ordinance amendment is to revise the supplemental use regulations pertaining to commercial telecommunication towers. Ms. Perkins said the primary changes are revisions to the introductory language to include recognition of a 15.2232(A) review within the ordinance; the addition of language which states there must be a need for the facility; Frederick County Planning Commission Page 2823 Minutes of January 4, 2012 and clarification of the co-location requirements. She said this item was discussed by the Board of Supervisors at their December 14, 2011 meeting and the Board requested changes to the co-location requirements, as well as the definition of an existing structure. With those changes, the Board sent the amendment forward for public hearing. Ms. Perkins noted this is being presented as a public hearing and the staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. Commissioner Thomas asked for clarification on the statements that co-location efforts should be extended to buildings and not solely the telecommunications towers themselves. He asked if this implied that one provider should allow another provider access to the inside of the building where their equipment is located. Ms. Perkins replied that the County wants to be sure the providers are considering all available options. She said typically, there are multiple users on one tower and each provider will have their own equipment sheds or cabinets within the compound. Ms. Perkins said the revisions do not require access to the inside of another provider’s building; she said there is typically enough room for several sheds or cabinets within a single compound. Commissioner Mohn inquired if the 2232(A) review under the revised process would be a separate review or if it would be incorporated into the CUP (conditional use permit) process. Ms. Perkins replied it was not a separate process and would be conducted during the regular CUP process. Chairman Wilmot next opened the public hearing to citizen comments and called for anyone in the audience who wished to speak regarding this ordinance amendment. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates made a motion to recommend adoption of the revisions to the ordinance as presented. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article II, Supplemental Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, Section 165-204.19 Telecommunications Facilities, Commercial. This proposed amendment includes revisions to the commercial telecommunication facility requirements of the Frederick County Zoning Ordinance. (Note: Commissioner Crockett was absent from the meeting.) ------------- Chairman Wilmot next relinquished the chair to Vice Chairman Thomas and he officiated for the remainder of the meeting. ------------- Frederick County Planning Commission Page 2824 Minutes of January 4, 2012 A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, 165-101.02 Definitions and Word Usage; Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for specific Uses, Part 201, Supplementary Use Regulations, 165-201.08, Protection of Environmental Features – Riparian Buffers. This proposed amendment includes revisions to the riparian buffer requirements of the Frederick County Zoning Ordinance. Action – Recommended Approval Senior Planner Candice E. Perkins reported that the proposed ordinance amendment is to revise the riparian buffer requirements. Ms. Perkins said the amendment would allow disturbance of riparian buffers for private utilities, access to a property, buffer restoration, and creation of wetlands, trails, and parks with a Planning Commission waiver. She said the amendment also includes revisions to the definition of “road” and “street” to remove the word, “existing.” Vice Chairman Thomas next opened the public hearing to citizen comments and called for anyone in the audience who wished to speak regarding this ordinance amendment. No one came forward to speak and Vice Chairman Thomas closed the public comment portion of the hearing. Commissioner Oates stated that this amendment was discussed at length at the Development Review and Regulations Committee (DRRC) and the applicant who requested the changes was satisfied with the revisions. Commissioner Oates made a motion to recommend approval of the amendment as presented. This motion was seconded by Commissioner Kriz and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, 165-101.02 Definitions and Word Usage; Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for specific Uses, Part 201, Supplementary Use Regulations, 165-201.08, Protection of Environmental Features – Riparian Buffers. This proposed amendment includes revisions to the riparian buffer requirements of the Frederick County Zoning Ordinance. (Note: Commissioner Crockett was absent from the meeting; Chairman Wilmot abstained.) ------------- A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202, Off- Street Parking, Loading and Access, Section 165-202.03 Motor Vehicle Access; and Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144-17 Streets, Section 144.18 Sidewalks and Pedestrian Walkways, Section 144.24 Lot Requirements. This proposed amendment includes revisions to allow alternative designs to implement low impact design techniques in a residential development and to increase the cul-de-sac length requirement. Action – Recommended Approval Frederick County Planning Commission Page 2825 Minutes of January 4, 2012 Senior Planner, Candice E. Perkins, reported that staff had received this request to revise the Zoning and Subdivision Ordinances to allow for alternative designs to implement low impact design techniques in residential development, as well as an increase in the maximum cul-de-sac length allowance. Ms. Perkins said this was first discussed at a joint work session on December 7, 2011 and the staff was directed to schedule the item for Board of Supervisors’ discussion. Ms. Perkins next reviewed the changes associated with this ordinance amendment, as follows: 1) a revision to provide the Zoning Administrator with the ability to waive the curb and gutter requirement for private roads when low impact design is proposed; the proposed curb and gutter elimination would also need approval from the Director of Public Works; 2) a revision to the street layout requirements for the continuation of planned, existing, or platted streets on adjoining parcels; 3) a revision to the sidewalk requirement to add “sidewalks” in addition to walkways, and to add the Director of Public Works and the Building Official as reviewing parties for the allowance of alternative materials for sidewalks and walkways; and, 4) a revision to allow individual lots on private roads to be up to 1,000 feet from a state-maintained road and allowance for the Planning Commission to allow lots to be up to 1,200 feet from the state-maintained road. Ms. Perkins said this amendment was discussed by the Board of Supervisors at their December 14, 2011 meeting. She said the Board expressed concern with the waivers contained within the amendment and staff has since changed the text to require Board of Supervisors’ waivers. Ms. Perkins said the staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors. Vice Chairman Thomas opened the public hearing to citizen comments and called for anyone in the audience wishing to speak concerning the proposed amendment. No one came forward to speak and Vice Chairman Thomas closed the public comment portion of the hearing. Commissioner Oates believed this type of request was straight-forward and requiring an applicant to go through a waiver process, which would add four-to-six weeks to the approval process, was inappropriate. He believed this should be handled at the staff level. Commissioner Oates said his recommendation to the Board would be to give the Zoning Administrator authority to grant the approval based on a Public Works’ recommendation. He said requiring a waiver by the Board would add eight weeks to a process that would benefit no one. Vice Chairman Thomas agreed with Commissioner Oates. Vice Chairman Thomas thought it was a bit unique that it would have to go to the Board of Supervisors; however, it was a direct request from the Board. Commissioner Oates commented that the Board will be adding extra time to an application approval process. He believed this was something that could be handled by the Public Works and Planning Departments, who have more expertise at this than the Planning Commission or the Board of Supervisors in this type of situation. A motion was made by Commissioner Mohn to recommend approval of the four revised provisions for low-impact design and the related ordinance changes. This motion was seconded by Commissioner Lemieux and unanimously passed. Frederick County Planning Commission Page 2826 Minutes of January 4, 2012 BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202, Off-Street Parking, Loading and Access, Section 165-202.03 Motor Vehicle Access; and Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144-17 Streets, Section 144.18 Sidewalks and Pedestrian Walkways, Section 144.24 Lot Requirements. This proposed amendment includes revisions to allow alternative designs to implement low impact design techniques in a residential development and to increase the cul- de-sac length requirement. (Note: Commissioner Crockett was absent from the meeting; Chairman Wilmot abstained.) ------------- DISCUSSION DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT PERTAINING TO SIDEWALKS AND PEDESTRIAN WALKWAYS Senior Planner Candice E. Perkins stated that staff has received a request to revise the pedestrian facility requirements for properties in the M1 (Light Industrial) Zoning District. Ms. Perkins said the proposed ordinance amendment would allow the Board of Supervisors to waive the sidewalk requirement for collector roads within master planned industrial parks when a ten-foot pedestrian facility is being constructed on one side of the roadway and only in such cases where the sidewalk has been deemed unnecessary along said collector roadway. She reported that this proposed amendment was forwarded to the DRRC (Development Review and Regulations Committee) for review and the staff received supportive comments. Ms. Perkins said the staff is seeking comments from the Planning Commission to forward to the Board of Supervisors. Commissioner Oates said he had the same problematic issues with this proposed amendment as the previous one; he said this should be a case for the Transportation Planner to review and decide whether or not it’s appropriate. He said the Planning Commission will be basing its vote on the Transportation Planner’s recommendation. He said, again, it seems to be a waste of the applicant’s time to go through a public hearing process; it will take eight weeks just to get the request answered. Commissioner Unger agreed with Commissioner Oates; he said it seemed to be a waste of the applicant’s time. Commissioner Mohn stated this scenario was even more straight forward than the previous amendment for low-impact design. He said if there is an existing ten-foot asphalt trail on one side of the road, he wasn’t sure what was to be gained by constructing a sidewalk next to it. Commissioner Mohn commented that the decision would not take much deliberation and he agreed with Commissioner Oates. Frederick County Planning Commission Page 2827 Minutes of January 4, 2012 Vice Chairman Thomas also agreed with the other Commission members. Ms. Perkins said she would forward all of the Planning Commissioner’s comments on to the Board of Supervisors. ------------- CANCELLATION OF THE JANUARY 18, 2012 MEETING Vice Chairman Thomas announced there were no action items pending for the Planning Commission’s January 18, 2012 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Mohn, BE IT RESOLVED, that the Frederick County Planning Commission does hereby cancel its next regularly scheduled meeting on January 18, 2012, by a unanimous vote. ------------- ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Kriz and second by Commissioner Triplett, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, _______________________________________ June M. Wilmot, Chairman _______________________________________ Eric R. Lawrence, Secretary c D REZONING APPLICATION #02-12 RENAISSANCE COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: January 27, 2012 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Planning Commission: 02/15/12 Pending Action Board of Supervisors: 03/14/12 Pending PROPOSAL : To rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. LOCATION : The properties are located on the west side of Valley Pike (Route 11 South), approximately ½ mile south of the Route 37 interchange near Interstate 81 Exit 310. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/12 PLANNING COMMISSION MEETING: This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with proffers, to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right -of-way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff’s concerns. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #02-12 Renaissance Commercial Center January 27, 2012 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 02/15/12 Pending Action Board of Supervisors: 03/14/12 Pending PROPOSAL : To rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with proffers, for commercial use. LOCATION : The properties are located on the west side of Valley Pike (Route 11 South), approximately ½ mile south of the Route 37 interchange near Interstate 81 Exit 310. MAGISTERIAL DISTRICT : Back Creek PROPERTY ID NUMBERS : 75-A-2C and 75-A-2R PROPERTY ZONING : B3 (Industrial Transition) and RA (Rural Areas) Districts PRESENT USE : Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE : North: B2 (Business General) District Use: Office B3 (Industrial Transition) District Use: Heavy Commercial South: RA (Rural Areas) District Use: Church, Agricultural B3 (Industrial Transition) District Use: Office East: B2 (Business General) District Use: Office and Commercial B3 (Industrial Transition) District Use: Heavy Commercial West: RA (Rural Areas) District Use: Agricultural M1 (Light Industrial) District Use: Undeveloped Rezoning #02-12 Renaissance Commercial Center January 27, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone the subject property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers and plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State’s right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal : Plans approved as submitted. Public Works Department: The Public Works Department supports the proposed rezoning of parcels #75-A-2C and 75-A-2R as presented in Greenway Engineering, Inc.’s rezoning application dated December 16, 2011. Sanitation Authority: There is sufficient sewer capacity and water capacity and pressure to serve this site. Service Authority: No comments. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 3, 2012, from Roderick B. Williams, County Attorney. Transportation: This letter will serve as my comment on the Renaissance Commercial Center Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to aid in the improvement of the transportation network serving the subject property. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts the zoning for the two subject parcels as B2 (Business General) District. Parcel 75-A-2C was historically zoned B2 and, therefore, there are no proffers associated with this parcel. The portion of parcel 75-A-2C that is currently zoned RA (Rural Areas) District was originally part of Parcel 74-A-71, which was historically zoned B2 (Business General) Rezoning #02-12 Renaissance Commercial Center January 27, 2012 Page 4 District but was subsequently down-zoned to the RA (Rural Areas) District on May 10, 1989. This area was adjusted into parcel 75-A-2C to accommodate the construction of Renaissance Drive. With Rezoning #11-98, Parcel 75-A-2R (75-A-2R was part of 75-A-2D when the site was rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer that pertains to this property was for the future road connection that is covered by the Revenue Sharing Agreement that is currently in place. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [2007 Comprehensive Policy Plan, p. 1-1] The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial and industrial development will occur. The properties are also within the limits of the Southern Frederick Land Use Plan. The plan shows this area with a business and commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3 (Industrial Transition) Zoning Districts and, therefore, this requested rezoning is in general conformance with the Comprehensive Policy Plan. Land Use. The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new east-west major collector road running through this development which would connect Valley Pike (Route 11) to Shady Elm Road. Prosperity Drive would also be extended from its current terminus and would intersect with this new road. It should be noted that a Master Development Plan for the Renaissance Commercial Center was approved for this development on November 11, 2007. The MDP provides for this roadway (Renaissance Drive) on the subject property (from Valley Pike to the western limits of the development) as well the construction of two lanes of Prosperity Drive that will intersect with Renaissance Drive. Site Access and Transportation. It is also important to note that this development is also participating in a Revenue Sharing Project to implement the proposed Renaissance Drive improvements and the extension of Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the development of the first phase of this roadway (two of four future lanes for Renaissance Drive) as well as a new signalized intersection at Renaissance Drive and Valley Pike. The Applicant has entered into a Revenue Sharing Agreement with Frederick County that provides $1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County will manage this project. Rezoning #02-12 Renaissance Commercial Center January 27, 2012 Page 5 3) Proffer Statement – Dated November 30, 2011 and revised on January 18, 2012. A) The Applicant has proffered to dedicate a variable width right-of-way to Frederick County to allow for the construction of Renaissance Drive as described in the Revenue Sharing Agreement. The plat for this right-of-way shall be recorded within 30 days of final rezoning approval. Renaissance Drive Right-of-Way Dedication: The Applicant has proffered to dedicate an 80 foot right-of-way on a portion of parcel 75-A-2C to allow for the future extension of Renaissance Drive from the limits of the project described in the Revenue Sharing Agreement to the CSX railroad right-of-way. This right-of-way shall be provided at no cost to the County and shall be provided within 90 days of written request. B) The Applicant has proffered that Truck Stops (SIC 5541) and Adult Retail shall be prohibited on the subject properties. Land Use Restrictions: C) The Applicant has proffered to provide $0.05 per square foot of structural development for all land uses on the subject properties. Fire and Rescue Monetary Contribution: STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING: This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the Revenue Sharing Agreement in place for this development. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff’s concerns. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. SUL K Y D R MAR A T H O N D R NAR R O W L N VAL L E Y P I K E PRO S P E R I T Y D R 75 A 17A 75 A 18 74 A 71 75 A 16 75 A 12 75 A 15 75 A 11E 75 A 11F 75 A 11G 75 3 10 75 A 11I 75 3 12 75 3 16 75 A 13 75 3 5 75 3 6 75 3 14 75 3 13 75 3 7 75 3 11 75 3 19A 75 3 19 74 A 68 75 3 8 75 3 9 75 3 21 75 A 2A 75 A 2C 75 A 2B 75 A 2 75 A 11C 75 A 2H 75 A 2G75 A 2R 75 A 2I75 A 2Q 75 A 2J 75 A 2E 75 A 1 75 A 2F 75 A 2L 75 A 3 75 A 2D 75 A 2P 75 A 2M 75 A 2N 75A 6B 41 75A 6 B41A REZ0212_RenaissanceCommercialCenter Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District)0 150 30075 Feet I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: Jan 25, 2012Staff: cperkins Winchester REZ # 02 - 12RenaissanceCommercial CenterPIN:75 - A - 2C75 - A - 2R176,800 sq ft Commercial REZ # 02 - 12RenaissanceCommercial CenterPIN: 75 - A - 2C75 - A - 2R176,800 sq ft Commercial 75 A 2C 75 A 2R Balti m o r e & O h i o R R NAR R O W L N PR O S P E R I T Y D R £¤11 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data, Aerial Photos from 2006; Greenway Engineering AE R I A L O V E R V I E W BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t Legend Parcels To Be Rezoned Parcel Boundary 200 0 200 400100 Feet Renaissance Commercial CenterRezoning - Aerial Overview µ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G AE R I A L O V E R V I E W RE Z O N I N G 75 A 2C 75 A 2R Balti m o r e & O h i o R R PI C K E T L N SUL K Y D R DES T I N Y D R AGA P E W A Y NA R R O W L N K A V A N A U G H D R CAR R I E B R O O K E D R KER N S T O W N C O M M O N S B L V D TAS K E R R D PR O S P E R I T Y D R HI L L A N D A L E L N MAR A T H O N D R MUS K E T D R rs642 rs847 rs649 £¤11 ËÊ37 ËÊ37 §¨¦81§¨¦81 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering LO C A T I O N A N D Z O N I N G BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 4 0 0 F e e t Legend Parcels To Be Rezoned Parcel Boundary Frederick County Zoning B2 (Business, General Distrist) B3 (Business, Industrial Transition District) M1 (Industrial, Light District) RA (Rural Area District) RP 400 0 400 800200 Feet Renaissance Commercial CenterRezoning - Location and Zoning µ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G LO C A T I O N A N D Z O N I N G RE Z O N I N G Insi d e S W S A Outs i d e S W S A Ins i d e S W S A Ou t s i d e S W S A 8 in c h 8 in c h 8 in c h 24 i n c h 8 in c h 8 in c h 8 in c h 8 inc h 75 A 2C 75 A 2R Balti m o r e & O h i o R R NAR R O W L N PR O S P E R I T Y D R £¤11 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering SW S A M A P BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t 200 0 200 400100 Feet Renaissance Commercial CenterRezoning - SWSA Mapµ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G SW S A M A P RE Z O N I N G Legend Parcels To Be Rezoned Parcel Boundary SWSA Boundary FCSA Master Sewer 2006 FCSA Master Water 2006 75 A 2C 75 A 2R 750 775 750 750 750 775 750 725 750 750 Balti m o r e & O h i o R R NAR R O W L N PR O S P E R I T Y D R £¤11 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering EN V I R O N M E N T A L F E A T U R E S BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t 200 0 200 400100 Feet Renaissance Commercial CenterRezoning - Environmental Features µ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G EN V I R O N M E N T A L F E A T U R E S RE Z O N I N G Legend Parcels To Be Rezoned Parcel Boundary Ponds Wetlands 100 Year Flood Plain Streams 5 Foot Intermediate Contours 25 Foot Index Contours 14C 6C 8B 14B 14C 6C 6C 8B 75 A 2C 75 A 2R Balti m o r e & O h i o R R NAR R O W L N PR O S P E R I T Y D R £¤11 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering SO I L S BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t 200 0 200 400100 Feet Renaissance Commercial CenterRezoning - Soilsµ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G SO I L S RE Z O N I N G Legend Parcels To Be Rezoned Parcel Boundary Soils 14B, FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES 14C, FREDERICK-POPLIMENTO LOAMS, 7 TO 15 PERCENT SLOPES 6C, CARBO-OAKLET SILT LOAMS, VERY ROCKY, 2 TO 15 PERCENT SLOPES 8B, CHILHOWIE SILTY CLAY LOAM, 2 TO 7 PERCENT SLOPES [e [e [e [e [e [e [e [e [e[e [e [e [e 75 A 2C 75 A 2R 34-987 34-316 34-315 34-12734-128 34-28 34-129 34-980 34-319 34-320 34-1011 34-1044 34-1015 Second Kernstown PICKET L N G R A S S Y L N S O L D I E R S R E S T L N SUL K Y D R SKYJES L N FR O G A L E C T DES T I N Y D R AGA P E W A Y NAR R O W L N CA L E D O N C T K A V A N A U G H D R TAS K E R R D SHA D Y E L M R D SPRIN G D A L E R D CHINKAPI N D R HILL A N D A L E L N HACKBERRY D R SOMERS E T D R MIDDLE R D FAY S T ASPEN DR MILL L N NA T U R E D R KIN G L N PR O S P E R I T Y D R IND U S T R I A L D R I V E HOOD W A Y M O S S C T MUS K E T D R rs649 rs847 rs642 rs651 rs648 rs881 rs846 £¤11 ËÊ37 ËÊ37 §¨¦81 §¨¦81 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering HI S T O R I C F E A T U R E S BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 1 , 0 0 0 F e e t 1,000 0 1,000 2,000500 Feet Renaissance Commercial CenterRezoning - Historic Features µ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G HI S T O R I C F E A T U R E S RE Z O N I N G Legend Parcels To Be Rezoned Parcel Boundary [e Potentially Significant Properties Civil War Battlefields Battle Name Cedar Creek First Kernstown First Winchester Second Kernstown Second Winchester Stephensons Depot Third Winchester 75 A 2C 75 A 2R74 A 68 75 A 12 74 A 71 75 A 2 75 A 1 75 A 2B 75 A 2A 75 A 2H 75 A 2Q Balti m o r e & O h i o R R NAR R O W L N PR O S P E R I T Y D R £¤11 VAL L E Y P I K E Map Data Source: Frederick County, Va. GIS Department, August 2010 Data; Greenway Engineering AD J O I N I N G P R O P E R T I E S BA C K C R E E K M A G I S T E R I A L D I S T R I C T RE N A I S S A N C E C O M M E R C I A L C E N T E R FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 1 0 - 2 7 - 2 0 1 1 P R O J E C T I D : 4 6 1 3 DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t 200 0 200 400100 Feet Renaissance Commercial CenterRezoning - Adjoining Properties µ RE N A I S S A N C E CO M M E R C I A L C E N T E R RE Z O N I N G AD J O I N I N G P R O P E R T I E S RE Z O N I N G Legend Parcels To Be Rezoned Parcel Boundary Adjoining Properties