PC 05-01-19 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 May 1, 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; . Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L.
Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud
District; Roderick B. Williams, County Attorney.
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COMMITTEE REPORTS
Transportation Committee — MtE. 04/22/19
Commissioner Oates reported the Committee discussed the Interstate, Primary, and
Secondary Road Plan updates. The Committee also discussed the SmartScale program and noted there
are some good ideas, but a solution needs to be sought. Commissioner Oates concluded the Committee
heard information on the MPO Unified Planning Work Program and an update on County projects.
Board of Supervisors — Mt2. 04/24/19
Board of Supervisors' Liaison, Supervisor McCann -Slaughter reported the Board heard
information and discussed SP #23-18 for Liberty Chase.
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 public comments portion of the meeting.
101313tie] I D17IIli;Ce7
Draft Update of the 2019-2020 Frederick County Primary and Interstate Road Improvement Plans.
The Primary and Interstate Road Improvement Plans establish priorities for improvements to the
Primary and Interstate road networks within Frederick County. Comments from the
Transportation Committee will be forwarded to the Planning Commission and Board of
Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to
the Commonwealth Transportation Board for consideration.
Action — Recommend Approval
John A. Bishop, Assistant Director Transportation, presented an overview of this item to
consider the update of the 2019 — 2020 Interstate, Primary, and Secondary Road Improvement Plans.
Interstate Plan Updates are as follows:
• Separate Widening and Interchange priorities to remove potential conflicts.
• Update segment priorities.
• Add emphasis on safety patrols and increase variable message signs.
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Primary Plan Updates are as follows:
• Create a 4"' Route 37 priority segment, new segment 1 D was fonnerly included
with 1 B.
• Add note that all Primary roadway upgrades on non -limited access roadways
should include access management and safety upgrades.
Secondary Plan Updates are as follows:
• Update Major road improvements list to reflect current activities.
• Add Fishel Road and Canterburg Road to the scheduled list for hard surfacing.
• Add Knob Road to the unscheduled list for hard surfacing.
Mr. Bishop concluded, the Transportation Committee reviewed this item on April 22,
2019 and recommended approval.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Michael Moreland of the Back Creek District came forward and asked if both
segments of Laurel Grove Road will be completed at the same time in 2020. Mr. Bishop commented,
both segments are scheduled for 2020 at the same time.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Draft Update of the 2019-2020 Frederick County Interstate, Primary and Secondary Road
Improvement Plans.
CPPA #02-18 Brucetown Road Area Amendment — Sewer and Water Service Area (SWSA)
expansion and land use designation associated with Comprehensive Plan Amendment #02-18 for
the Carter Tract. This is a request to amend the Northeast Land Use Plan of the 2035
Comprehensive Plan. This amendment request proposes to add 109 acres into the Sewer and
Water Service Area (SWSA) and remove 109 acres from the SWSA. This amendment also seeks to
designate the 109 acres for industrial uses.
Action — Recommend Denial
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Candice E. Perkins, Assistant Director, reported, this is a proposed amendment to the
2035 Comprehensive Plan (#02-18 for the Carter Tract). This amendment proposes to add 109 acres into
the SWSA and remove 109 acres from the SWSA. She continued, this amendment also seeks to
designate the new area for industrial land uses. It was noted, the subject property is located on the
southern side of Brucetown Road and adjoins the existing quarry. Ms. Perkins presented a locations map
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of the property and a map of the proposed SWSA adjustment. She reported, text for the Comprehensive
Plan includes:
• An industrial land use designation for the site.
• Recognition of the road network and improvements that may be identified as necessary
for future development.
• Discusses the relocation of Brucetown Road from its current location and improvements
to Brucetown Road.
• Improvements to Martinsburg Pike and Hopewell Road.
• No new access to Brucetown Road — only from the existing quarry entrance.
• Recognition of water and sewer capacity limitations.
• Protection of environmental features, including enhanced riparian buffers, protection of
existing drainage areas, air quality.
• Buffering between industrial uses and the rural community center — encourage the use of
landscaping and distance for screening.
• Encouragement of the use of rail.
Ms. Perkins explained the path of this amendment and the results: the CPPC discussed at
the October and November 2018 meetings; the Planning Commission discussed it at the December 2018
meeting and sent it back to the CPPC for further consideration of transportation impacts and SWSA
limits; the CPPC discussed this at the February 2019 meeting and endorsed revised text that expanded
upon the transportation expectations, environmental text, buffers from the rural community center and
revised the SWSA limits to show the 109 acres; the Planning Commission discussed this at their March 6,
2019 meeting and endorsed the text and SWSA limits and sent forth to the Board of Supervisors; the
Board of Supervisors discussed this amendment at their April 10th meeting and sent the item forward for
public hearing.
Commissioner Morrison commented, the 109 acres slated to be removed from the SWSA
and the 109 acres being added is being described as a net zero change however looking at the 109 acres
being removed the likely hood of them being developed is virtually nonexistent. Ms. Perkins explained, it
is about how Frederick Water looks at the existing limits on the SWSA and property within it, so the
potential is there for that quarry area because it is within the limits of the SWSA; by removing that it will
still be a net zero when reviewed by Frederick Water.
Mr. Tim Stowe of Stowe Engineering, PLC on behalf of the Applicant reported there
have been a lot of discussion on this amendment and it boils down to two items:
o Change in the SWSA — this is a no increase in the area of the SWSA, he referenced a
memo from Eric Lawrence of Frederick Water on December 11, 2018; the limitation is
placed on the wastewater that can be discharged from the property and that can control
what happens there; taking land that cannot be developed out of the quarry and being able
to transfer that SWSA over to land that can be developed and use it productively.
o Land Use — going from agricultural to the manufacturing land use; this has gone through
studies by Staff, the CPPC, and ultimately to the Board of Supervisors.
Mr. Stowe commented, they feel the concerns shared at the community meetings have
been addressed by the text change such as traffic, access to acreage from existing entrance, sewer and
water capacity, encouraging the use of rail, protection of overall environment and air quality, and
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buffering. He noted, the Comprehensive Plan is only a guide and not prescribed legislation, therefore the
opportunity is there to make amendments.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Michael Holly of The Clorox Company commented they held public meetings, heard
the community concerns, and he feels they have addressed these. He noted their commitment to work
with the community.
Ms. Cathy Whittier came forward and shared her concerns with traffic in the area and the
impacts of a global company which she feels will be significant.
Ms. Brenda Fristoe commented she has reviewed the Comprehensive Plan and feels
Clorox does not follow this plan. She continued, the buffer should stay as is and the Comprehensive Plan
should not change for one company. She requested the Planning Commission vote no for this item.
Mr. Arthur Bragg commented, Clorox does not conform to the Comprehensive Plan and
requested the Planning Commission vote to deny this request.
Mr. Mark Georgiana asked what the plans are to widen Brucetown Road; he feels the
traffic impacts will be significant. He concluded if approved this will open the door for others to do the
same and requested this request be denied.
Mr. Tom Macumber commented he's been told for years this buffer will remain in place
and now it will be moving closer. He feels this item should be denied.
Mr. David Riner stated he agrees with the citizen comments and that this will also affect
the County schools; he requested a vote of no on this item.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Thomas asked Staff if this encompasses any of the Brucetown Rural
Community Center. Ms. Perkins noted it does not and is outside of that. Commissioner Molden asked
Mr. Stowe if a traffic study was or should be performed on moving the Carmeuse entrance. Mr. Stowe
commented a traffic study was not performed and would not be until a rezoning process. Commissioner
Molden stated he feels this is a prime issue. Commissioner Thomas stated this is a SWSA and
Comprehensive Plan Amendment and not a rezoning. He continued, it would be increasing industrial
base as part of the Comprehensive Plan, taking 109 acres of nondevelopable property out and adding 109
acres that can be used to increase the County's industrial base, have a railroad spur there, it is outside of
the Brucetown Rural Community Center, not increasing the water and sewer allocation set aside by
Frederick Water whether the land is used or not. He stated, he is inclined to agree with this as a
Comprehensive Plan Amendment and a SWSA Amendment and all concerns tonight would be addressed
at a rezoning should that ever take place; he feels the 109 acres of industrial land is needed in the County.
Commissioner Mohn commented, through the process and at the CPPC they looked at
this with different boundaries to it; from the CPPC perspective the idea was that they wanted this to stand
on its own as an appropriate expansion to the extent it would happen as a Comprehensive Plan
Amendment. He continued, from that prospective it was regardless of who an ultimate user would be,
who would come forward with a rezoning in the future and to try to have a balance with it in terms of the
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Minutes of May 1, 2019
area that was appropriate for the expansion and to consider those things from a policy standpoint that will
be critical in the future. He concluded, this is a sound amendment from the CPPC perspective and one
that makes sense and a long way from anything being done; he is inclined to support this. Commissioner
Unger commented he supports the Comprehensive Plant and feels the 109 acres put into the SWSA
previously should not have taken place.
Upon motion made by Commissioner Cline and seconded by Commissioner Morrison
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend Denial of
CPPA #02-18 Brucetown Road Area Amendment — Sewer and Water Service Area (SWSA) expansion
and land use designation associated with Comprehensive Plan Amendment #02-18 for the Carter Tract.
This is a request to amend the Northeast Land Use Plan of the 2035 Comprehensive Plan. This
amendment request proposes to add 109 acres into the Sewer and Water Service Area (SWSA) and
remove 109 acres from the SWSA. This amendment also seeks to designate the 109 acres for industrial
uses.
YES: Unger, Marston, Ambrogi, Morrison, Triplett, Cline, Kenney
No: Manuel, Thomas, Molden, Dawson, Mohn
CPPA #01-19 Blackburn Property Workforce Housing — Urban Development Area (UDA)
expansion and land use designation change associated with the Comprehensive Plan Amendment
#01-19 for Blackburn Property. This is a request to amend the Kernstown Area Plan of the 2035
Comprehensive Plan. This is a request to add 71.849 acres to the UDA. This amendment also seeks
to designate the 71.849 acres for workforce housing.
Action — Recommend Denial
Commissioner Marston 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 December
12, 2018 meeting the Board directed Staff to undertake an Urban Development Area (UDA) expansion
and land use designation change for the Blackburn Property Workforce Housing request. She continued,
this amendment proposed to add 71.7 acres into the UDA and designate the site for a residential
/workforce housing land use; this site is currently designated for industrial land uses and split zoned
RA/M1. Ms. Perkins explained, the Applicant is requesting the UDA expansion and land use designation
to allow for the development of workforce housing that would provide affordable housing opportunities
for residents of the community located within reasonable proximity of workplaces in the community. She
presented a zoning map of the property and long-range Land Use maps. Ms. Perkins shared the text for
the Comprehensive Plan:
• Affordable residential housing for households that average 60% of the median household
income.
• Promote high quality design that is complementary to the existing residential uses.
• Recommends limited heights to minimize visual impacts to the battlefield.
• Recommends single family detached housing units with no more than 4 units per acres.
Ms. Perkins shared, the Comprehensive Plans and Programs Committee (CPPC)
discussed this request at their February 2019 meeting. She explained, the CPPC recognized that
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Minutes of May 1, 2019
workforce housing was needed within the County but expressed concern with the area this was proposed
for; the CPPC did not support the loss of planned industrial land and recommended denial of the request.
Ms. Perkins concluded, the Planning Commission discussed this request at their March 6, 2019 meeting
and did not support the request and the Board of Supervisors discussed this amendment at their April 10,
2019 meeting and sent the item forward for public hearing.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant reported, after
the last Planning Commission discussion there were three primary items taken from the discussion:
• The concern with removing land that was designated as industrial in the Comprehensive
Plan — the site constraints that have been identified over time were not realized when the
initial Comprehensive Plan designation was made for the Blackburn Property. It is a very
difficult site for industrial.
• Is this site appropriately located (if it becomes Workforce Housing) within proximity of
employment clusters — have identified several clusters and did drive times from the
project site to those areas, and the proximity of those clusters ranged from 1 to 6 minutes;
they feel the location is appropriate from a travel perspective.
• The concern with residential land use development on the Blackburn Property — it is
important to remember the Comprehensive Plan currently does not designate areas for
Workforce Housing; they feel this revision is needed because it is not something
previously addressed in the Comprehensive Plan.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Delmara Bayliss came forward and spoke in favor of this project. She noted the
number of families with good jobs in this area that would benefit from this (nurses, secretaries, teachers,
firefighters). Ms. Bayliss asked the Planning Commission to vote to approve this request.
Mr. Joseph Jablonski, the Volunteer Coordinator for Valley Assistance Network spoke in
support of this item and share the needs within the community this could benefit.
Mr. John Misal commented he agrees with the need of Workforce Housing in Frederick
County, but he disagrees with the proposed location because of traffic, jobs, public transportation not
available. He would like for this request to be denied.
Mr. Matt Moats commented this is a well -intended project but his is not a good location
and there are other areas in the County that would be more accommodating.
Mr. Dermis Cotor commented he questions whether this is a good residential site
primarily due to the proximity to Route 37 and he feels there is plenty of undeveloped residential land
available in Frederick County better suited for this request.
Mr. Roy Wilkins stated traffic is already an issue in this area and this project will add too
many cars to the already busy County roads and intersections.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Thomas requested the CPPC gather information on Workforce Housing,
so everyone knows what it is about. He feels this should stay industrial land. Commissioners Unger,
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Oates, and Mohn agreed, traffic will be a major issue in this area and the land needs to stay as industrial
designation.
Upon motion made by Commissioner Unger and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
Denial of CPPA 901-19 Blackburn Property Workforce Housing — Urban Development Area (UDA)
expansion and land use designation change associated with the Comprehensive Plan Amendment #01-19
for Blackburn Property. This is a request to amend the Kernstown Area Plan of the 2035 Comprehensive
Plan. This is a request to add 71.849 acres to the UDA. This amendment also seeks to designate the
71.849 acres for workforce housing.
Cancelation of the regular meeting
Chairman Kenney announced there were no pending items for the Planning
Commission's May 15, 2019 meeting and it will be canceled.
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 8:40 p.m.
Respectfully submitted,
f'
Kevin W. Kenney, Chairman
CL
Michael T. Ruddy, Secretary
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