PC 12-05-18 Meeting MinutesMEETING MINUTES
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FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on December 5, 2018
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District;
Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back
Creek District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District;
Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Greg L. Unger, Back Creek District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R.
Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the December 5, 2018 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening's meeting with one change, a
Resolution presentation to Ms. June Wilmot.
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COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPC) — Mtg. 11/19/18
Commissioner Mohn reported a discussion was held regarding CPPA 402-18 the Carter
Tract and Staff provided feedback to the committee.
Transportation Committee — Mt2. 11/26/18
Commissioner Oates reported the committee discussed the CIP update; unpaved roads;
and an update on County projects.
Frederick Water — Mtg.11/20/18
Commissioner Oates reported the Board of Directors held a public hearing to receive
public comment on the use of condemnation to acquire three sites to accommodate water system
improvements that will strengthen the water service in the Lake Frederick community. He continued, the
proposed elevated water storage tank and the water wells with a treatment plant will ensure that a water
service with proper fire flows and pressures, and service redundancy is achieved in Lake Frederick. The
improvements and sites have been identified continuously since the developer's original 2001 Master
Development Plan was approved by Frederick County, and the 2001 development agreement was entered
into by the developer, Frederick Water, and Frederick -Winchester Service Authority. Commissioner
Oates reported, improvements are necessary to meet the ongoing new residential construction while
continuing to provide water service to existing Lake Frederick customers. He noted, the three sites being
pursued are owned by either the developer (MREC Shenandoah) or the homeowner's association
(Shenandoah HOA); the developer owns the water tank site; the HOA owns the water well sites; efforts to
purchase the sites have been unsuccessful. He noted, during the public hearing individuals representing
both the developer and the HOA spoke in opposition to the improvements and use of condemnation to
acquire the sites. Commissioner Oates shared, the Board approved a resolution authorizing the use of
condemnation to secure the sites; Frederick Water will advance efforts to construct the needed water tank
so that the tank will be operational by summer 2019; the water wells and treatment will be constructed
and operational by summer 2020. Commissioner Oates presented the operations report for October:
customer base is over 16,000 connections; monthly water production averaged 6.02 mgd; water
production at the Diehl plant has increased to 2.787 mgd yet the quarry levels continue to rise.
City of Winchester — Mtn. 12/04/18
Commissioner Fieo, Winchester City Planning Commission Liaison, reported the
Commission discussed a CUP request for waivers at 333 W. Cork Street; and a CUP request for off street
parking at 11 Meadow Branch Avenue.
CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission's agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #04-18 for Tasker Road and Warrior Drive Commercial Properties, submitted by
Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General Business) District with
proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned
RP (Residential Performance) District with proffers to the RP (Residential Performance) District
with revised proffers. The properties are located in the northwest and southwest corners of the
intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are
identified by Property Identification Numbers 75-A-104 and 75 -A -104E.
Action - Postponed 45 days
Candice E. Perkins, Assistant Director presented a locations map of the property and
reported, this request is to rezone 20.24+/- acres from the B2 District with proffer to the B2 District with
revised proffers and 0.62+/- aces of land zoned RP (Residential Performance) District with proffers to the
RP District with revised proffers. She continued, the subject property was rezoned with proffers in 1998;
the approved Rezoning #02-98 required that businesses be closed from 11 p.m. to 6 a.m. Ms. Perkins
explained, the Applicant is requesting to remove the hours of operation for the majority of land uses
allowed in the B2 District that could be constructed on this property; hours of operation for restaurants,
miscellaneous repair and amusement are proposed to be restricted from 11 p.m. — 6 a.m., all other uses
could operate 24 hours. She noted, minor revisions also include updates to include SIC codes,
transportation study proffer (completed during the site plan stage) and a revised fire and rescue monetary
contribution.
Commissioner Thomas inquired what could operate at the site 24 hours. Ms. Perkins
explained it could be a convenience store, grocery store, or offices.
Mr. Evan Wyatt of Greenway Engineering, representing the Applicant gave a brief
overview of the request. He explained, the purpose of this request is the owner recently had a group look
at the property for purchase; this group noted the limited hours of operation are a detriment to the
property. Mr. Wyatt continued, with that in mind the Applicant wants to maintain the integrity of what
was approved; what was done with the prohibited land uses they have maintained everything that was
prohibited with the original proffers and added new commercial uses that have been approved over time
that were not part of the 1998 zoning code. He noted, looking at the adjoining residential uses, the
Applicant thought it would still be appropriate to keep the hours of restriction on uses that would be
louder in the evening such as restaurants, bars, amusement, and recreational services. Mr. Wyatt
concluded, the Fire & Rescue proffer was a one-time payment that was done with the first site plan on the
other side of the road and the Applicant felt it was appropriate to make sure there was proffer money
coming in for future commercial development on this side for Fire & Rescue.
Commissioner Thomas reminded everyone that the restriction was put in place because of
the noise concerns shared by neighbors. He is concerned how the surrounding neighborhoods will be
protected from the noise; a grocery store having tractor trailers with night deliveries will create a lot of
noise and there is a senior development directly behind this property. He asked how this would be
explained to the neighbors. Mr. Wyatt commented, the first thing that would be explained is the proffer
amendment does nothing to the requirements for the buffer and screening between the commercial
property and the senior subdivision which in this case would be a six -foot -high opaque element and
landscaping so that would assist with the noise levels.
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Chairman Kenney inquired what square footage of buildings can fit on the property. Mr.
Wyatt explained, on the 5 acre parcel the maximum would be approximately 25,000 SF and on the 16
acre parcel approximately 100,000 SF. Chairman Kenney stated, therefore $10,000 to $15,000 could go
towards Fire & Rescue.
Commissioner Thomas inquired could there be a way to arrange the buildings so the
tractor trailer deliveries and parking could be on the side of the buildings rather than in the back. Mr.
Wyatt responded, the orientation of the building is to face Warrior Drive; the depth of the property to
have the buffer and 120 feet of depth to get to the building may dictate that it is on Tasker Road; he will
have to look at the site before he could agree to that condition.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
A neighboring resident asked where the entrance would be on the 5 -acre parcel and will
there be more than one entrance.
No one came forward to speak and Chairman Kenney closed the public comment portion
of the hearing.
Mr. Wyatt displayed mapping and described the possible entrances. Commissioner
Thomas commented, the neighborhoods surrounding this property trust the Planning Commission and the
decisions made in the past; he cannot support this and break that commitment to the citizens.
Commissioner Manuel suggested to restrict the tractor trailer delivery times from occurring in the middle
of the night. Commissioner Thomas noted if that could be accomplished, he may consider this request.
Commissioner Oates noted that restriction would be difficult to enforce. Chairman Kenney requested a
comment from Staff. Ms. Perkins explained this could not be handled at the site plan process unless a
proffered restriction was added; notes on the site plan if there were a proffer in place to restrict the hours
at that time it would become an enforcement issue, if violated. Mr. Ruddy commented it would be up to
the Applicant to offer this as a proffer. Mr. Wyatt concluded, reasonable comments have been made and
he would prefer to have an opportunity to talk to the property owner and would agree to a postponement.
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement for 45 days of Rezoning 404-18 for Tasker Road and Warrior Drive Commercial
Properties, submitted by Greenway Engineering, Inc., to rezone 20.24+/- acres from the B2 (General
Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/ -
acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential
Performance) District with revised proffers. The properties are located in the northwest and southwest
corners of the intersection of Tasker Road and Warrior Drive in the Opequon Magisterial District and are
identified by Property Identification Numbers 75-A-104 and 75 -A -104E.
(Note: Commissioner Unger was absent from the meeting.)
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INFORMATION/DISCUSSION
CPPA #02-18 for the Carter Tract — Sewer and Water Service Area (SWSA) inclusion request and
Industrial Land Use Designation request; parcels 45-A-2, 45-A-7, 33-A-144, and 33-A-89. This is a
request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 213.8
acres of land and to designate the site for industrial land uses. The properties are currently zoned
RA (Rural Areas) and the Northeast Frederick Land Use Plan shows the properties as remaining
rural. The properties are located north of the CSX Railroad, south of Brucetown Road, and
east/adjacent to the Clearbrook quarry in the Stonewall Magisterial District.
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Candice E. Perkins, Assistant Director, reported at the Board of Supervisors meeting
September 12, 2018 the Board directed Staff to undertake a Sewer and Water Service Area (SWSA)
expansion and land use designation associated with Comprehensive Plan Amendment #02-18 for the
Carter Tract. She continued, this amendment proposed to add 144 acres into the SWSA and remove 150
acres from the SWSA; this amendment also seeks to designate the 144 acres for industrial land uses. Ms.
Perkins presented a locations map of the property. She explained, the CPPC discussed this amendment at
their October and November 2018 meetings and the CPPC looked at the broader Brucetown Road area in
determining which area would best support a sewer and water service area expansion and an industrial
land use designation inclusion. Ms. Perkins presented a locations map of the property depicting what is
being removed and added. Ms. Perkins reported, the CPPC at their October and November meetings
discussed issues associated with the Carter Tract; specifically, the environmental features located on the
site and ultimately determined it was not best suited for inclusion in the SWSA. She continued, the CPPC
in discussion with the applicant agreed it would be best to shift the SWSA amendment from the Carter
Tract; this change shifted the SWSA expansion north along Brucetown Road to an area more suited for
industrial development. Ms. Perkins noted, the Committee ultimately endorsed the Brucetown Road Area
Amendment and associated text with the amended location. Ms. Perkins concluded, the text that was
endorsed by the CPPC included:
• An industrial land use designation for areas identified as most appropriate for a
SWSA expansion
• Recognition of the road network and improvements that may be needed;
specifically Brucetown/Route 11 intersection
• Water and sewer capacity limitations
• Protection of environmental features
• Buffering between industrial uses and the rural community center
• Encouragement of the use of rail
Chairman Kenney requested clarification as to where the SWSA line is going to be. Ms.
Perkins presented a graphic depicting the location.
Commissioner Dawson commented it makes sense to do this given the land is more
suitable. She noted, the name needs to be changed. Ms. Perkins clarified the name going forward is the
Brucetown Road Area Amendment.
Chairman Kenney inquired if there has been any follow up from Frederick Water since
the August 27, 2018 correspondence. Ms. Perkins noted she has not seen another correspondence; Staff
did request an update to include the different name, however in discussions with Frederick Water it was
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stated as long as it was a net zero request, they were amenable to the SWSA expansion. Commissioner
Thomas commented there is basically no impact since it is a net zero request and he asked how this
request transpired. Ms. Perkins noted this was a request by an outside entity to amend the SWSA.
Commissioner Thomas shared his suggestion to include the more detailed discussion when presenting to
the Board of Supervisors to make this easier to understand.
Commissioner Dawson commented the discussion was that the Carter Tract was
primarily too wet and the cost to develop would be horrendous. Chairman Kenney stated we need to
make sure there is clarity on this before it can move forward, and he does not feel it is clear at this time.
Commissioner Cline commented he does not feel this plan conforms with the motion
made by Supervisor Slaughter and it impacts many more houses than the original request; he made a
motion to send this item back to the CPPC to do the following:
• Notify the landowners within 1000' of this new area.
• Provide a more detailed analysis and expectation of the transportation
improvements needed to Brucetown Road and the intersection with Route 11 so
the community can be assured this change of land use will work.
• Obtain comments from review agencies about the Transportation, Environmental,
and Water & Sewer impacts with their recommendations.
• Reduce the proposed land use map for industrial development to match only the
SWSA expansion.
The motion was seconded by Commissioner Thomas and unanimously agreed upon to
send back to the CPPC for further discussion and analysis.
(Note: Commissioner Unger was absent from the meeting.)
Spring Run Site Plan #22-18 (Subdivision), this application is for a subdivision design plan (site
plan) for fifteen (15) single-family attached (townhouses) units planned to be constructed on 1.88 +/-
acres of land zoned RA (Rural Areas) District with RP (Residential Performance) standards via
Transfer of Development Rights (TDR) credits. The property is located at 2659 Senseny Road,
Winchester and is identified with Property Identification Number 65-A-46 in the Red Bud
Magisterial District.
M. Tyler Klein, Senior Planner, reported this is a proposal to develop 1.88 +/- acres of
land zoned RA (Rural Areas) to 15 single-family attached townhouses with RP (Residential Performance)
standards via Transfer of Development (TDR) credits. He continued, the Applicant received a waiver of
the Master Development Plan (MDP) requirements in June 2018 and has chosen to process a site plan in
lieu of the MDP. Mr. Klein presented a locations map of the property. Mr. Klein explained, Rezoning
Application #07-16 downzoned the property from RP (Residential Performance) to RA (Rural Areas) and
removed the previously approved proffer statement. He continued, although the property is zoned RA,
the Applicant will utilize the County's Transfer of Development Rights (TDR) program to develop
additional lots with RP District standards (10 credits purchased x 1.5 SFA units/credit = 15 units
allowed). Mr. Klein explained, access to the site will be provided from Senseny Road via a private street
(Coralyrose Court); sidewalks will be included on either side of the internal street for pedestrian
connectivity within the development, a 10' trail will be provided along the property frontage on Senseny
Road; the right-of-way for the future condition of Senseny Road as a four -lane roadway is also depicted
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(as dedicated in REZ #07-16). He continued, recreational amenities (to -be -determined at the time of
construction) may be provided in the form of an outdoor pavilion, playground, tot lot, or equivalent; and
residential separation buffers and roadway efficiency buffers are also provided to screen the development
from adjacent properties and roadways. Mr. Klein presented a locations map of the property. Mr. Klein
concluded, the site plan for Spring Run is generally consistent with the requirements of the County's
Zoning & Subdivision Ordinances and is in a form that is administratively approvable. There were no
questions or further discussion at this time.
(Note: Commissioner Unger was absent from the meeting.)
Annual Review of Bylaws and Roles and Responsibilities
Michael T. Ruddy, Director, reported the Bylaws and Roles and Responsibilities are
provided and asked each member to review and direct any changes to him accordingly.
OTHER
Cancelation of the regular meeting
Chairman Kenney announced there were no pending items for the Planning
Commission's December 19, 2018 meeting.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was, seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:55 p.m.
Respectfully submitted,
W. Kenney,
V Michael T. Ruddy, Secretary
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