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PC 01-16-19 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 January 16, 2019. 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; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Christopher M. Mohn, Red Bud District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the January 16, 2019 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the November 7, 2018 and December 5, 2018 meetings. Frederick County Planning Commission Page 3606 Minutes of January 16, 2019 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2019 Director, Michael T. Ruddy presided over the election of the Chairman and Vicc Chairman for 2019. Election of Kevin W. Kenney, Chairman for 2019 Director, Michael T. Ruddy declared nominations open for Chairman for the 2019 calendar year. The nomination of Mr. Kevin W. Kenney for Chairman was made by Commissioner Thomas and seconded by Commissioner Oates. A motion was made by Commissioner Oates, seconded by Commissioner Manuel, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Kevin W. Kenney as Chairman of the Planning Commission for the calendar year 2019. Election of Roger L. Thomas, Vice Chairman for 2019 Director, Michael T. Ruddy declared nominations open for Vice Chairmen for the 2019 calendar year. The nomination of Mr. Roger L. Thomas was made by Commissioner Triplett and seconded by Commissioner Dawson. Motion was made by Commissioner Oates, seconded by Commissioner Manuel, 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 calendar year 2019. Election of Michael T. Ruddy, Secretary for 2019 Chairman Kenney declared nominations open for Secretary of the Planning Commission. The nomination of Mr. Michael T. Ruddy was made by Chairman Kenney and seconded by Commissioner Triplett. Motion was made by Commissioner Thomas, seconded by Commissioner Cline, 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. Michael T. Ruddy as Secretary of the Planning Commission for the calendar year 2019. Frederick County Planning Commission Page 3607 Minutes of January 16, 2019 PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2019 Director, Michael T. Ruddy stated the Planning Commission's Bylaws and Roles and Responsibilities and Meeting Schedules have been reviewed by the Commission and are ready for the Commission's consideration and adoption. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar year of 2019 as presented. COMMITTEE ASSIGNMENTS FOR 2019 Regarding committee assignments for the calendar year 2019, Chairman Kenney asked the Planning Commission members to remain in their current committee assignments until notified otherwise. COMMITTEE REPORTS Frederick Water — Mtg.12/18/18 Commissioner Unger reported, the Frederick Water Board discussed the FY 2020-2029 Capital Improvement Plan which captures capital projects for the ensuing 10 -year period and is utilized in the development of Frederick Water's annual budget and in establishing the availability fees for new connections. He continued, the 10 -year plan contains 114 projects and a total project cost of $92 million; similar to past year Capital Improvement Plans, a majority (85%) of the capital investment is related to strengthening and enhancing the water system. Commissioner Unger explained the Opequon Water Supply Plan's new water intake on the Opequon Creek and the new 8mgd water treatment plant represents nearly 1/3 of the Capital Improvement Plan's project costs; this significant portion of the Capital Improvement Plan costs is further realized in the establishment of availability fees, in which a majority of the availability fee associated with new connections is committed to water system improvements. Commissioner Unger noted, the Board will hold a public hearing on January 22, 2019 to accept public comments on the draft FY 2020-2029 Capital Improvement Plan. Commissioner Unger continued, Frederick Water staff provided the Board with an update on the Opequon Water Supply Plan initiative; tree clearing has begun along the woodland sections of the raw water line, the pipeline design plans are nearly complete and have been provided to the Virginia Department of Health for review. He noted, the designs are now being led by ARCADIS, the representative on the project. Commissioner Unger presented the operations report for October; customer base is over 16,000 connections; monthly water production averages 5.55 mgd; the Diehl Treatment Plant's North and South Quarries continue to enjoy the seasonal recharge and benefits from the efficient water source management; and the quarries are full and in excellent shape. Frederick County Planning Commission Page 3608 Minutes of January 16, 2019 City of Winchester — Mtg. 01/15/19 Commissioner Burnetts, Winchester City Planning Commission Liaison, reported the election of officers was held at the January 15, 2019 meeting. She noted an ordinance to rezone 4.4 acres was heard and a CUP. Board of Supervisors — Mtn. 01/09/19 Board of Supervisors' Liaison, Supervisor Trout reported the Board re-elected Gary Lofton as Vice -Chairman. She noted the Board delayed an item for Wesley Housing and held a discussion on SP #22-18 for Spring Run. CeiffrA W111C UT� i�1kl Ily 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. Mr. Wilbert Washington spoke on behalf of the Autumn Glen HOA regarding REZ #04- 18 for Tasker Road and Warrior Drive Commercial Properties. He shared the concerns with noise, light pollution, and the effects on the water. Mr. Washington noted the hours of operation that could be in place are a significant concern of the homeowners in Autumn Glen. He concluded, there are 169 homes that need the help and the protection of the Planning Commission. Mr. Darrell Volschke came forward and noted he did not receive a letter concerning this meeting and is concerned. Chairman Kenney noted the Public Hearing was previously held therefore a letter of notification was not needed at this time. Mr. Volschke concluded he does not feel it is appropriate and fair to move REZ #04-18 for Tasker Road and Warrior Drive Commercial Properties forward on the basis that the property owner now has a buyer and wants to change the restriction of the prior proffers. No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. ACTION ITEM 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 proffers 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. Frederick County Planning Commission Page 3609 Minutes of January 16, 2019 Action — Recommend Denial Candice E. Perkins, Assistant Director reported this is a request to rezone 20.24+/- acres from the B2 District with proffers to the B2 District with revised proffers and 0.62+/- acres 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 and the approved Rezoning (#02-98) required that businesses be closed from 11 p.m. - 6 a.m. Ms. Perkins noted this item was postponed at the December 5, 2018 Planning Commission meeting. She presented a locations map of the property. 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. She continued, hours of operation for restaurants, miscellaneous repair and amusement services are proposed to be restricted from 11 p.m. — 6 a.m. and all other uses could operate 24 hours. Ms. Perkins noted, the Applicant has added a new proffer that prohibits deliveries to all uses from 11 p.m. — 6 a.m. Ms. Perkins concluded, minor revisions also include updates to include SIC codes, transportation study proffer (to be completed during the site plan stage), and a revised fire and rescue monetary contribution. Commissioner Dawson inquired if the entrances can be blocked during the hours of 11 p.m. - 6 a.m. Ms. Perkins commented the Applicant would have to agree to this and it would take place during the site plan stage Commissioner Thomas asked, with the restricted hours of operation, who enforces this. Ms. Perkins explained Staff would have to enforce if complaints are received. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant presented an overview of the public hearing held on December 5, 2018; after discussion, the question from the Planning Commission was concern with delivery trucks between the hours of 11 p.m. - 6 a.m. particularly tractor trailers and refrigerated trucks that might sit and idle late into the night. He continued, a question was asked if something could be included in the proffer to prohibit this and Mr. Wyatt noted that could not be committed to at that time. Mr. Wyatt reported, he was contacted by the HOA and the property management group of Autumn Glen; they were able to meet and discuss options. The Applicant was asked to provide a detailed outline of what they are planning to do regarding storm water management, lights, noise, and buffering. Mr. Wyatt noted this was provided to the HOA. He clarified, they are requesting to maintain the same uses that were originally prohibited and added a couple additional uses that have been applied to the zoning ordinance over the last 20 years that were not part of the original rezoning. Mr. Wyatt stated the concerns with buffering, lighting, water would all be appropriate and adhered to the County codes. Mr. Wyatt concluded, although not an ideal situation; the Applicant has added additional language to the proffer which prohibits deliveries between 11 p.m. - 6 a.m. Commissioner Thomas inquired what happens if delivery trucks arrive late, sit there idling all night; that is not prohibited according to the current language in the proffers. Mr. Wyatt asked if the language going to the Board of Supervisors would be more appropriate stating deliveries and staging of vehicles during l Ip.m.-6 a.m. are prohibited. Commissioner Thomas commented it could read no delivery trucks on the site during that time. Mr. Wyatt noted, this could be considered. Commissioner Thomas commented, all concerns are enforceable with the exception of the noise; this neighborhood has been there 20 years and living there with the commitment of this protection. He noted, the tools to enforce this are not good and he feels this commitment to the neighbors needs to be upheld. Mr. Wyatt noted, if the restricted hours are maintained that does not guarantee or prevent trucks on the property; they are willing to offer that tractor trailer parking be prohibited on the properties from 11 p.m. — 6 a.m. Commissioner Thomas inquired regarding SIC codes, what would be the most intense use. Mr. Wyatt responded most likely a grocery store. Commissioner Oates commented another use possible on the property would be a hardware store such as a Lowe's. Frederick County Planning Commission Page 3610 Minutes of January 16, 2019 Commissioner Thomas concluded, he has received ten emails and a few letters and will share these with Staff; all of which were unanimously against this type of rezoning. He reiterated the concern to enforce the restrictions and noted just because the developer cannot sell the property and now wants to make changes to make the property more valuable and appealing to a buyer does not justify this and changes should not be made to what was committed to at the initial rezoning. He noted he will not be in support of this. Commissioner Molden agreed with Commissioner Thomas. He commented the citizens purchased those homes with this commitment in place and that should not change. Commissioner Unger agreed with Commissioner Thomas as well. Upon motion made by Commissioner Thomas and seconded by Commissioner Molden BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend denial of 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 proffers 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 Mohn was absent from the meeting.) INFORMATION/DISCUSSION 2019-2024 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. Candice E. Perkins, Assistant Director, reported the CIP is a document that consists of a schedule of major capital expenditures for the County for the ensuing five-year period, as well as a category for long term projects (6 + years out). She noted, the inclusion of projects on the CIP is in no way an indication that Frederick County will be undertaking these projects. Ms. Perkins explained, the CIP is strictly advisory; it is intended for use as a capital facilities planning document, not for requesting funding allocations. She continued, once adopted, project priorities and cost estimates may change throughout the year based on changing circumstances; it is also possible that particular projects may not be funded during the year that is indicated in the CIP. Ms. Perkins noted this year's CIP continues to reinforce the connection between the CIP, the 2035 Comprehensive Plan, and future rezoning applications; the total number of projects is 79 to include (Schools, Parks and Recreation, Regional Library, County Administration, Fire and Rescue, Transportation, and Winchester Regional Airport). Ms. Perkins concluded, the CPPC endorsed the 2019-2024 CIP in December 2018 and determined the CIP is in conformance with the 2035 Comprehensive Plan; the CPPC sent the CIP forward at that time to the Planning Commission and the Board of Supervisors. Chairman Kenney commented there is a lot of work that goes into this by all departments and it is greatly appreciated. Frederick County Planning Commission Page 3611 Minutes of January 16, 2019 OTHER Chairman Kenney welcomed Mr. Alan Morrison to the Planning Commission. Cancelation of the regular meeting Chairman Kenney announced there were no pending items for the Planning Commission's February 6, 2019 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 Triplett and unanimously passed. The meeting adjourned at 7:45 p.m. Respectfully submitted, Kevin w. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3612 Minutes of January 16, 2019