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PC 09-01-21 Meeting MinutesFrederick County Planning Commission Page 3845 Minutes of September 1, 2021 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 September 1, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large. ABSENT: William H. Cline, Stonewall District. STAFF PRESENT: Wyatt G. Pearson, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the September 1, 2021 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. ------------- 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. Frederick County Planning Commission Page 3846 Minutes of September 1, 2021 PUBLIC HEARING Rezoning #04-21 for Orrick Commons submitted by Dave Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201B. Action – Recommend Approval Commissioner Molden would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director, reported this is a proposal to rezone 33.61+/- acres from the RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. The property is located south of the intersection of Senseny Road and Greenwood Road, west of the terminus of Farmington Boulevard within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within the Steeplechase Subdivision. Ms. Perkins presented a zoning map of the property and surrounding area. She continued, the subject property is part of the original Orrick Commons rezoning which was approved in 2006 and included both commercial and age-restricted housing. This requested rezoning only pertains to the 33.61 acres zoned RP, and the B2 zoned properties will remain subject to proffers for the 2006 rezoning. Ms. Perkins noted, a separate proffer statement for the RP parcel would not impact the overall development as the proffers for the B2 zoned properties were previously completed. She explained, the 2006 rezoning proffered 3.5 acres to Frederick County as a park and required an existing pond to be preserved within that area. The proffer also allowed for that area to count towards the required open space for the age-restricted residential development. Ms. Perkins noted: The park if dedicated, would be owned by Frederick County and open to the public, this does not pertain to any amenities required to be built within the age-restricted development; and dedication of that land would require approval from the Applicant and Frederick County, the Applicant could be the HOA depending on the ultimate timing of the request. Ms. Perkins reported, the request is seeking to eliminate the proffer for the park and the preserved pond; it is noted that the Department of Parks and Recreation in their review of this request, did recommend that the park proffer be retained. She continued, the revision restricts the total number of units permitted to a maximum of 170 units (122 single-family detached or attached and 48 multi-family). The approved proffer statement allows for the maximum density which could result in up to 201 units. Ms. Perkins shared proffers proposed with this rezoning and presented a GDP of the development: • Maximum of 170 age-restricted units, no more than 48 multi-family • Preservation of an existing intermittent stream channel • Extension of Farmington Boulevard through the project • Interparcel connection to the commercial area consistent with the approved rezoning • Sidewalk connection from Farmington Boulevard to the existing sidewalk along Ladyslipper Drive • Monetary proffers consistent with the 2006 proposal Commissioner Mohn inquired if there has been any discussion about relocating the park. Ms. Perkins commented the Applicant is looking to eliminate it. Commissioner Thomas asked if Frederick County Planning Commission Page 3847 Minutes of September 1, 2021 anything has been offered to the County to replace the elimination of the Park. Ms. Perkins responded not at this time. Commissioner Oates commented this rezoning will reduce the number of homes by 31. Commissioner Morrison inquired if there are wetlands on the property. Ms. Perkins noted there is a very small pond, and any designs will have to meet the requirements of stormwater management through Public Works. Commissioner Thomas asked what the size of the pond is, and Commissioner Oates commented it is less than a quarter of an acre. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Kristin Koontz of the Red Bud District came forward and shared her concerns with the ongoing drainage issue in the area and the need for a stop sign to slow traffic through the development. Adam Spatz of the Red Bud District asked what type of easement is behind their properties and what is the timing of the development. Chuck Lloyd of the Red Bud District inquired as to what type of buffers will be placed around the new development especially what backs up to his property. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Oates asked what the buffers would be. Ms. Perkins replied it depends on the type of housing built; she noted there are no buffers between the RA & RP and that the buffers are the same as with the current rezoning. Commissioner Oates commented that the houses could be built to the property lines. Commissioner Jewell commented he sees the need for a stop sign and what is the requirement. Mr. Bishop explained a stop sign cannot be a part of the proffers and Mr. Patrick Sowers is working on this however it is ultimately up to VDOT. Commissioner Mohn asked if there has been any discussion of other traffic calming measures. Mr. Bishop noted, it depends on what VDOT will allow and there is no clear answer at this point. Mr. Patrick Sowers of Dave Holliday Construction, Inc., representing the Applicant came forward to answer questions. Commissioner Thomas asked where the pond gets its water and how will they be getting rid of the pond water so that it doesn’t end up in the back yards of the nearby houses. Mr. Sowers stated the pond is at the high point of the property and it is very shallow. Commissioner Thomas commented it appears on the backside of the site it drains into their backyards. Mr. Sowers explained, this site drains in five different directions; there is a small area that does drain to the back lots at Steeplechase and when the roads are built, they will actually decrease the drainage area going towards that area. Commissioner Thomas feels increasing hard surface area will not shrink the amount of runoff. Mr. Sowers explained with the energy balance and not being able to exceed the predevelopment flows, they will not be sending more than what is going through there now. Commissioner Thomas commented he cannot see where the drainage issue has been addressed. Mr. Sowers explained, with this application they tried to take the existing project that could be denser than what they are proposing and ring it with single-family detached; so more similar housing types will be joining the existing housing types because under the current zoning you could do single family attached and have more density adjoining the existing project and decrease the drainage long term. Commissioner Mohn inquired if there is the ability to preserve existing mature trees. Mr. Sowers noted, until it is at full design it is hard to say. Commissioner Oates asked if they could commit to a privacy fence since they cannot commit to the trees. Mr. Sowers stated they could consider a buffer screening or possible fence. Commissioner Mohn asked if any other option has been offered to the Parks Frederick County Planning Commission Page 3848 Minutes of September 1, 2021 and Recreation Department in place of the park. Mr. Sowers explained, the existing proffers state, “maybe a park” and they can adjust the language, however he doesn’t foresee a park being placed in the age-restricted project; regarding traffic, the Applicant would be fine with incorporating a stop sign and the proffers state they will assist with traffic calming measures. Upon a motion made by Commissioner Mohn and seconded by Commissioner Dawson with agreement from Applicant to work with Planning Department Staff before the Board of Supervisors meeting to iron out Parks and Recreation language and buffers BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #04-21 for Orrick Commons submitted by Dave Holliday Construction, Inc. to rezone 33.61+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with revised proffers. The property is located west of the terminus of Farmington Boulevard (Route 1406) within the Lynnhaven Subdivision and east of the terminus of Farmington Boulevard within Steeplechase Subdivision in the Red Bud Magisterial District and is identified by Property Identification Number 55-A-201B. (Note: Commissioner Cline was absent from the meeting.) INFORMATION/DISCUSSION Update to the Frederick County Comprehensive Plan Candice E. Perkins, Assistant Director, reported this is a draft update to the Frederick County Comprehensive Plan. The Code of Virginia requires localities to review and update their plan every five years. The current 2035 Comprehensive Plan was adopted in January of 2017; therefore, an update plan would need to be adopted by January 2022. She continued, the Comprehensive Plan consists of three documents: • The Plan- chapters that focus on aspects of the County’s Vision for the future. These chapters address: Urban Areas, Rural Areas, Residential Development, Business Development, Transportation, Public Facilities, Natural Resources, and Historic Resources. • Appendix I – small area and joint land use plans • Appendix II – background information such as statistics and projections Ms. Perkins shared, Primary Plan updates are within: • Urban Areas – consolidating text, clarification of existing policies • Rural Areas – greater overview of conservation tools/trends • Business Development – updated information based on current data, updated agribusiness text to include solar • Transportation – updated information • Public Facilities – updated information from FCPS, Parks, F&R, Frederick Water, and new text to address broadband and telecommunications • Natural Resources – inundation zones Ms. Perkins reported, Appendix I has been updated to reflect growth boundary changes, land use designation updates (such as past Comprehensive Plan amendments), transportation updates, and Frederick County Planning Commission Page 3849 Minutes of September 1, 2021 infrastructure updates. She continued, Appendix II primarily contains background data and therefore these figures have been updated to reflect current data available. Ms. Perkins explained, applicable sections of The Plan were reviewed and updated by Frederick County Public Schools, Parks and Recreation, Fire and Rescue, the Airport Authority, the Economic Development Authority, Frederick Water, and the Transportation Committee. Ms. Perkins concluded, the Comprehensive Plans and Programs Committee (CPPC) discussed these updates at their March, April, June, July, and August 2021 meetings. At their August meeting, the CPPC endorsed the draft Comprehensive Plan update and sent it forward to the Planning Commission for discussion. Commissioner Oates commented regarding the West Jubal Early Land Use Plan; the map for that area will need to be updated due to the recent rezoning. This item was sent forward to the Board of Supervisors with a favorable consensus. OTHER Mr. Wyatt G. Pearson, Director, shared there are three items moving forward to the Planning Commission in the coming weeks: An Ordinance Amendment for Opaque Fencing; an Ordinance Amendment for Master Development Plans; and the Clarke County request for Water & Service in the Double Tollgate area. ------------- 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 7:40 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary