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PC_03-16-05_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 March 16, 2005 PRESENT: Charles S. DeHaven, Jr., Chainman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; June M. Wilmot, Shawnee District; H. Paige Manuel, Member -At- Large; Gary W. Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: David Shore, City of Winchester Liaison STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael R. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice Perkins, Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER - Chairman DeHaven called the meeting to order at 7:00 p.m. WELCOME JUNE M. WILMOT, SHAWNEE DISTRICT REPRESENTATIVE Chairman DeHaven welcomed Ms. June M. Wilmot to the Planning Commission. He announced that Ms. Wilmot was appointed by the Board of Supervisors on March 9, 2005 as the new representative for the Shawnee Magisterial District. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission minutes of February 16, 2005 were unanimously approved as presented. 0 Fredrick County Planning Commission Page 1475 Minutes of March 16, 2005 -2- COMMITTEE REPORTS • Comprehensive Plans &Programs Subcommittee (CPPS) — 03/14/05 Mtg. Chairman DeHaven reported that the CPPS continued discussion on the WJELUP (West Juba] Early Land Use Plan), had a brief discussion of the RA (Rural Areas) issues, and an introduction to a new study, involving the UDA (Urban Development Area). Chairman DeHaven said this committee will be commencing with their weekly meetings on Tuesdays, between 11:00 a.m. and 1:00 p.m. in the Planning Department, beginning this Tuesday, March 22. He encouraged everyone to attend and participate. Historic Resources Advisory Board (HRAB) — 03/15/05 Mtg. Conmmissioner Gochenour reported that the HRAB elected Ms. Rhoda Kriz as Chairman and Mr. Howard Lehman as Vice Chairman. Conmmissioner Gochenour said that the By -Laws were discussed and adopted. She added that five members of the HRAB were present. Sanitation Authority — 01/15/05 Mtg. Con unissioner Unger reported the following information from the Sanitation Authority meeting: February's rainfall was 1' /z inches, which is doN-nai considerably; flows in all plants are doing Iwell; water usage is normal with just a small increase last mouth; the Sanitation Authority granted an easement to the Agape Church for electric across the rear of their property; and, a meeting was held with representatives of Stephens City involving the annexation to determine horn much water and sewer would be needed. Winchester City Planning Commission Commissioner Ours reported that the Winchester Planning Commission recommended denial of the Residential- Transition - Commercial District which they have been working on for some time. Conmmissioner Ours said this proposed district was brought about by the interest in the Merrinmans Lane and Sacred Heart Church area. CITIZEN COMMENTS Ms. Elizabeth Hanmmond came forward to discuss the pending revocation of Conditional Use Permit (CUP) #30 -99 of Winchester Motor Service (The Van Man) located at 2372 Berryville Pike. Ms. • Fredrick County Planning Commission Page 1476 Minutes of March 16, 2005 -3- Hammond said that she realized the property owner, Mrs. Beach, was given additional time at the Planning • Commission's February 2, 2005 meeting to clean up the property and come into compliance; however, Ms. Hammond believed that little progress has been made. Ms. Hanunond said that all of the semi- trucks still remain on the property and Ms. Gloria Puffinberger, Frederick County's recycling coordinator, visited the site and reported there were over several hundred tires still remaining on the property. Ms. Hammond requested the Commission continue to look at the situation and encouraged the Commission to request photographs from the owner verifying that the clean -up has been accomplished. Mr. Michael Hopkins, a resident in the adjoining subdivision, said that a homeowners meeting was held last evening to discuss the issue of Mrs. Beach's property. Mr. Hopkins report ed that the property contains considerable amounts of hazardous materials, there is an widerground waste system, there are four trailers, and five trucks. He said the neighbors are very concerned about the hazardous materials and the appearance of the property. Mr. Hopkins noted that there are two signs along the road designating this area as the site of the Third Battle of Winchester and the site of origin of the City of Winchester. Mr.' Hopkins presented photographs of the site to the Commission. u Mr. Roger Harteau also came forward to speak regarding Mrs. Beach's property. Mr. Harteau said that one of the primary issues of concern to him and the other adjoining property owners is that the semi - tractors continue to come onto the property at all hours of the night and idle 24 hours, seven days a week. He said the noise echoes throughout the entire valley. Mr. Harteau stated that other neighbors are actively notifying the County about their complaints; he believed there were 18 in all. Mr. Harteau told the Commission that he had not recognized any improvement in the appearance of the property since the Planning Commission's previous consideration of this CUP. He did not believe that Mrs. Beach should be given any additional time. Chairman DeHaven announced that the staff would have a report regarding g the status of this property at the end of this evening's'meeting under "Other." PUBLIC SERVICE ANNOUNCEMENT BY COMMISSIONER GOCHENOUR Commissioner Gochenour announced that listening devices are available m the Board Room for use by the hearing impaired, so that they, too, may participate in the meetings of the Planning Commission and the Board of Supervisors. PUBLIC HEARING Rezoning 01 -05 of Russell 150, LC, submitted by Greenway Engineering,to rezone96.28 acres from RA (Rural Areas) District to B2 (Business General) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. This property fronts on the west side of Front Royal Pike (Rt. 522), opposite Airport Road (Rt. 645), and is identified with P.I.N. #64 -A -10 and 64 -A -12 in the Shawnee Magisterial District. Action — Recommended Approval with Proffers & Best Management Practices U rreancK C ounry Planning Commission Page 1477 Minutes of March 16, 2005 -4- Planning Deputy Director, Michael R. Ruddy, reported that the parcels comprising the rezoning • are located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); the properties are also located within two small area land use plans: the Rt. 50 East Land Use Plan (LUP) and the Southern Frederick Land Use Plan ( SFLUP). Mr. Ruddy explained that the Rt. 50 East LUP envisions a commercial mix of business and office uses and likewise, the SFLUP designates commercial development between Warrior Drive and I -81 and mixed use development east of Warrior Drive. He pointed out that the proposed rezoning application requests only a residential classification in the area designated for mixed use in the SFLUP. It was noted that this could place a greater burden on the remaining portion of the SFLUP to provide the commercial component of the mixed use development. Mr. Ruddy stated that the Eastern Road Plan identifies Warrior Drive and the extension of Airport Road from its current terminus, over I -81, into the City of Winchester, as improvements that directly relate to the Russell 150 property. He said that WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4 -lane divided) designation for the typical sections of these improvements. Mr. Ruddy explained that the applicant proposes the participation in a Community Development Authority (CDA) program designed to finance the construction of several transportation improvements, which include the I -81 /East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Regarding environmental features, Mr. Ruddy identified Buffalo Lick Run and its associated floodplain and tributaries as warranting particular attention. He said the applictunt has stated his intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer 35 feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround the stream valley. However, he noted that the submitted proffer statement does not include such commitment. • Focusing on the potential impacts, Mr. Ruddy stated that the applicant had not proffered a commitment to the number of residential units. In addition, no commitment to the mix ofbusiness- general uses or limitations on the square footage of business uses had been proffered. He said that much of the analysis in the Impact Statement is based upon a proposed total of 294 single - family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. He explained that the maximum densities and square footage allowed by the ordinance far exceed these projections and if the applicant chooses to increase the square footages, the results of the Impact Statement and the Traffic Impact Analysis will be influenced. Furthermore, he said the proffer statement does not include any language or commitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. Mr. Ruddy also referred to the comment provided by the Winchester Regional Airport, noting that the applicant should consider offering enhanced notification to future residential property owners regarding aircraft noise associated with airport operations. Upon the request of members of the Planning Commission, Mr. Ruddy next gave a brief explanation of the Community Development Authority (CDA) Special Taxing District and the implications of the applicant's proffer commitment to fully participate in the Special Taxing District. Mr. Benjamin M. Butler, the attorney representing the petitioner, explained that at least 50% of the landowners in a jurisdiction are needed to petition to form a CDA. Mr. Butler said that in this particular case, the only owner of the property is the developer, Russell 150, LC, a group of local business people headed by Mr. Denver E. Quinnelly, Manager. He explained that a tax is levied only on this property and in this particularcase, 0 Fredrick County Planning Commission Page 1478 Minutes of March 16, 2005 -5- • was set up for a 30 -year period; this tax basically pays back the bonds, over a designated period of time, that are used for the construction of infrastructure. Mr. Butler further explained that it is attractive to the County because it allows the infrastructure to be built all at one time. The citizens of Frederick County are not taxed; only this particular land and the people who purchase this land are subject to the tax. Mr. Butler added that VDOT is having difficulty coming up with the funds necessary to construct roads and this is an opportunity to have the developers pay for the work that is needed. Mr. Evan A. Wyatt of Greemvay Engineering, the design engineers for the project, gave an explanation of the progression of CDA funding, noting that first a CDA is created; second, a rezoning is approved; and once the bond issuers know there is a project, the release of funds is then authorized. He said the funds in this particular case will be used to construct the four -lane bridge crossing of I -81, as well as the road infrastructure improvements mentioned by the staff. Mr. Wyatt pointed to the locations for die proposed road infrastructure improvements, which included a four -lane flyover bridge over I -81; the portion of East Tevis Street which is located on the property, a portion of Warrior Drive which is located on the property; and Airport Road extended to Rt. 522. He estimated that road infrastructure improvements equated to ten million dollars. Mr. Wyatt said that provisions will be made for a 120 -foot right -of -way for Warrior Drive and East Tevis Street, and there will be a variable right -of -way for the Airport Road extension. He added that an inter -modal opportunity exists with this improvement and bicycle paths, as well as sidewalks, will follow these road systems. Mr. Wyatt continued, answering a question about the ability to continue East Tevis Street from the westem limits of the property to Rt. 522, lie said this particular improvement does not qualify for CDA funding because it is not within the CDA overlay. Mr. Wyatt said that the applicant has agreed to work with VDOT to assist in this matter and will be engineering the public improvement plan to proceed with getting everything in place, including VDOT's review and approval, and as right -of -ways become available, the applicant • will work with VDOT to make sure those are dedicated to VDOT at no cost. As a result, only the construction element will remain when that opportunity arises. Mr. Wyatt next addressed a staff comment regarding the potential increase in commercial square footage. Mr. Wyatt showed the Conunission a conceptual layout, pointing out that so much land area is lost to surface parking that the square footages are not likely to increase any further because there is no room left for parking. He said that their studies of commercial and office use areas indicate there is about a .2 FAR that is actually developable, while the Cotuty's rezoning package suggest a .5 FAR. Mr. Wyatt believed that if they wider estimated the conunercial, it was probably not by much. Mr. Wyatt nest spoke about the GDP and the proffer language concerning the proposed traffic circle where Warrior Drive intersects with Airport Road extended. Mr. Wyatt said that this traffic circle, or round - about, was the result of various alignment studies conducted in conjunction with VDOT. Mr. Wyatt said that he was contacted by the traffic consultant about the possibility that a round -about may not be the correct design, based on the possibility that Warrior Drive could potentially be a six -lane road section in this area. In addition, there are questions about studies done 20 years after build -out concerning whether or not it would function just as well as an intersection. Mr. Wyatt stated that he was bringing this point up, not because he wanted to eliminate the round- about, but he did not want to get into a situation where a GDP shows a round -about and the language in the proffer specifies a round- about, and then VDOT decides they would prefer to do something else. Mr. Wyatt said that the proffer they send forward to the Board will have some additional wording to give VDOT flexibility during the design phase, to use either a round -about or another ultimate section. Mr. Wyatt wanted this to be made a part of the record to eliminate having to come back through another rezoning process if this were to occur. LJ Fredrick County Planning Commission Page 1479 Minutes of March 16, 2005 • With regard to the notification of future residential property owners concerning the possibility of airport- related noise, Mr. Wyatt agreed to place a narrative on the MDP making a commitment to provide a disclosure statement that meets the Winchester Regional Airport's expectations. Conmussioner Thomas inquired if it was possible to add a guarantee that commercial development will be started within so many months of constructing the first residential units. Mr. Wyatt replied that first, both the residential and the commercial pay the additional tax on the CDA. Secondly, he said that because the transportation infrastructure will be going in up front, these properties will be marketable very quickly. Mr. Wyatt said that they have provided a monetary proffer and have phased the residential to a four -year build -out; however, he was not willing to commit to a commercial start date. Conmiissioner Thomas suggested that if the portion of East Tevis Street that connects from the property boundary to Route 522 is not constructed, that it would be a mistake to build the fly -over across 1 -81 because of the significant changes in the traffic patterns that would be created on Pleasant Valley Road out to Rt. 522. Mr. Wyatt agreed it would be advantageous to have East Tevis Street all the way across; however, the adjoining property owner decided not to participate in the CDA because his property is already zoned commercial and he has much less land to deal with. Mr. Wyatt added that the traffic impact analysis was prepared and modeled without showing the East Tevis Street connection to Rt. 522 and with the square footages aforementioned, the intersection still functioned at the acceptable LOS "C." In addition, Commissioner Thomas was concerned about the amount of non- pervious areas that will be constructed with parking and the significant detrimental impact to the environment that could result. Commissioner Thomas asked Mr. Wyatt if he would consider guaranteeing the use of green design standards for the parking and storm water management areas to mitigate the amount of run -off and the resulting oil and chemical pollution that could occur in the stream bed. Mr. Wyatt said that if the owners are amenable to some type of best management practice technique, it would be added prior to going to the Board of Supervisors. Commissioner Kriz inquired if the farm complex would be destroyed and if any of the HRAB recommendations could be accomplished. Mr. Wyatt replied that the structures will be elim mated; however, they would commit to catalog and inventory the structures and submit those to the Virginia Department of Historic Resources. Conmtissioner Ours asked about the possibility of a commitment to establishing design standards for the overall project development, as it relates to corridor appearance, and especially, visibility from I- 81. Mr. Wyatt stated that the property will be marketed to a wide variety of commercial- retail office users and because of the special taxing involving the CDA, the owners do not want to limit their market potential; he said the owners believe the design standards within the B2 ordinance are appropriate. Commissioner Ours remarked that he would still like to see consistency of design. Commissioner Straub suggested the possibility of removing the residential component of the project. She said the airport is already receiving noise complaints from as far away as Red Fox Run and the proposed residential portion of this project is within the airport's flight plan. Furthermore, Commissioner Straub noted that 300 dwellings would create 150 -200 additional school children that would impact schools that were already over crowded. Commissioner Gocltenour read portions of the HRAB's letter which stated the HRAB's desire to see the existing faun buildings saved and incorporated into the entrance of the commercial area. Commissioner n U Fredrick County Planning Commission Page 1480 Minutes of March 16, 2005 -7- Gochenour next inquired about the possibility of conducting an environmental impact study because of the extensive roads planned for the project. Commissioner Gochenour also expressed concern that the stream banks • of Buffalo Lick Run were too steep and unsuited for recreation areas offered by the applicant and she asked if the sloping areas could be vegetated to the top of the slope and a more useful recreational area developed on level land. Chairman DeHaven asked Mr. Wyatt if he would confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. Mr. Wyatt responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, which will match existing sections headed in that direction. Mr. Wyatt hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. Chairman DeHaven asked if it would be safe to assume that the applicant will be detemhining the width of pavement sections for right -of -ways for Airport Road extended through that same process and Mr. Wyatt replied yes. Chairman DeHaven next asked Mr. Wyatt if he could confmn the conceptual study that was done showing an additional connection to Rt. 522 and if this was the temporary connection described in the proffer statement. Mr. Wyatt confirmed this and also described a connection to the Kokorsky property. He believed that as this quadrant develops, additional feeder roads will be needed. Chairman DeHaven asked if the temporary access to Rt. 522 would be eliminated once the Kokorsky property develops. Mr. Wyatt replied that would occur at VDOT's discretion. Commissioner Light again raised the issue of corridor design standards. He asked the applicants to make every effort to create a model development for this area, he commented that this area probably had the highest volume of traffic in the entire county. Other commission members agreed. • Chairman DeHaven next called for public comments, however, no one came forward to speak. Conunissioner Morris made a motion to approve Rezoning Application 901 -05 of Russell 150, LC, with proffers and this motion was seconded by Conunissioner Kriz. Conunissioner Thomas requested that the motion consider the applicant's offer to incorporate best management practices for the design of the parking and the non - porous surface areas to improve drainage and storm water management. Conunissioner Morris accepted that amendment to the motion and Conunissioner Kriz concurred with his second. Conunissioner Gochenour next made a motion to include a requirement in the approval motion for the applicant conduct an environmental impact study with regard to Buffalo Lick Run. This was seconded by Commissioner Straub. This motion was defeated, however, by the following vote: YES (TO REQUIRE AN ENVIRONMENTAL STUDY) Straub, Gochenour • NO: Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot Chairman DeHaven next called for the vote on the motion for recommendation of approval with proffers and the acceptance of the applicant's offer to consider best management practices during construction and design. This motion passed by a majority vote. Fredrick County Planning Conunission Page 1481 Minutes of March 16, 2005 BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning 401 -05 of Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural . Areas) District to B2 (Business General) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, including the applicant's offer to incorporate best management practices for the design of the parking and the nonporous surface areas to improve drainage and storm water management. The majority vote was as follows: YES (TO APPROVE REZONING W/ PROFFERS & BMPs) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Rezoning #02 -05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning #11 -04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition) District. This property fronts on the west side of Martinsburg Pike (Rt. 11), opposite the intersection with Stephenson Road (Rt. 664), and it is identified with P.I.N. 44 -A -75 in the Stonewall Magisterial District. Action — Recommended Approval of Revised Proffers Planner Candice E. Perkins reported that this rezoning application is a re to revise the approved proffers associated with Rezoning #11 -04 for a 59 -acre tract, zoned B3 (Industria Transition). Ms. • Perkins said that Rezoning # 11 -04 had restricted the penmitted uses on the site to office, warehousing, and self - storage facilities. She stated that the applicant is requesting to revise these proffers to add building materials and lumber stores and wholesaling with accessory retail to the allowed uses of the property. Ms. Perkins noted that it is the intent of this request that the new uses will not affect the trip generation for the site, as the applicant has reduced the maximum square footages of the other uses. She said that V DOT has reviewed the proposed changes and is still satisfied with the improvements being provided by the applicant. • Planner Perkins added that along with this proffer revision, the applicant proposes to relocate the south buffer fence to the northern side of the storm water management area and will utilize plantings recommended for riparian zones. She said that this revision is intended to help preserve the existing wetlands located at the souther portion of the property. The applicant is also revising the monetary contribution per square foot to maintain a similar dollar figure proffered nvith Rezoning #11 -04. Mr. Evan A. Wyatt with Greenway Engineering, the engineering and design consultants for die project, stated that in order to maintain the same impact approved previously, they ratcheted down the square footages that were approved during the previous rezoning to a level where the traffic generation volumes from the site were identical. He said that all previously- approved transportation improvement proffers were left in place and they increased the monetary proffer to keep consistency with what was previously approved for fire and rescue impacts. At the request of Commissioner Gochenour, Mr. Wyatt reviewed the plans for the wetlands preservation area; lie said that basically, it will be a non- disturbed area because of the pristine nature of the wetlands. They will relocate the sewer force main completely outside of the wetland area and they are moving the Fredrick County Planning Commission Page 1482 Minutes of March 16, 2005 • six -foot high fence to the other side of the sewer force main. He said that instead of the typical landscape plants, they are introducing plant materials reconuncnded by the Department of Forestry for riparian zones and Best Management Practices have been proffered. Chairman DeHaven called for public conunents, however, no one came forward to speak. No issues of concern were raised by the Conunission. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 402 -05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning # 11 -04 of Adams Development Group by adding "building materials and lumber stores" and "wholesaling with accessory retail' to the allowed uses of this B2 property. PUBLIC MEETING Master Development Plan 905 -05 of Briarwood III, submitted by Patton, Harris, Rust & Associates, PC for single - family detached urban dwelling units. This property is located east of Greenwood Road (Rt. 656), south and adjacent to the Briarwood Subdivision, and is identified with P.I.N. 55 -A -200 in the Red Bud Magisterial District. • Action — Recommended Approval with Waiver Commissioner Manuel said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Planer Candice E. Perkins reported that this master development plan (MDP) is a proposal to develop 69 single - family detached urban lots on a 29.9 -acre tract of land, zoned RP (Residential Performance). She said the rezoning was approved in October of 2004 with proffers. Ms. Perkins stated that with this MDP application, the applicant is seeking a mvaiver of Section 165 - 3313(3) of the Frederick County Zoung Ordinance to allow undisturbed portions of the required riparian buffer to be located within the setback and yard areas on some of the residential lots. She explained that the intent of this waiver provision is to allow the undisturbed portions of the buffer to be located within the yard areas of residential lots when the extent, location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. She pointed out that the staff's concern is that the placement of such environmental features in residential lots will result in the loss of integrity of this environmental feature and, therefore, defeats the purpose of preserving the area. Furthermore, she said that the staff has not yet seen a layout for the lots and believes the applicant needs to justify why it is necessary to place the riparian buffer within these lots. In conclusion, Ms. Perkins said that with the exception of the waiver, this MDP is in conformance with the requirements of the zoning ordinance and the proffers from the rezoning. Mr. Charles E. Maddox, Jr., P.E., with Patton, Harris, Rust & Associates, PC, the project engineer, stated that one of the principal issues during the rezoning was the solid waste collection and the suggestion that door -to -door trash pickup be used. Mr. Maddox said the homeowners association has been set up • Fredrick County Planning Commission Page 1483 Minutes of March 16, 2005 -10- to allow for the collection of fees for door -to -door pickup and they are continuing to look into the feasibility of • this issue. Addressing the wetlands disturbance, Mr. Maddox said that the County's Public Works D Mr. Ed Strawsnyder visited the site and the percentages of wetlands disturbance will be calculated and placed on the MDP before going fonvard to the Board of Supervisors. He assured the Commission that adequate protection of riparian buffers could be provided during construction and also after their incorporation into the setback and yard areas of individual residential lots. He said that language will be added to their plans for a substantial silt fence barrier to be placed along the riparian buffer at the onset of construction and clearly identified throughout the construction period. In addition, appropriate language will be incorporated within deed covenants and restrictions, by -laws, and individual plats, prior to approval by the staff. Mr. Maddox said that streams throughout this site are intermittent not peretmial, and they meander erratically through this site. He said that incorporating portions of the riparian buffer areas within individual lots will allow the applicant to straighten out property lines and will eliminate placing a number of different angle points onto a property, which may create problems for property owners in the future. In response to questions from Commissioner Unger, Mr. Maddox stated that no building pads will be located within the riparian buffers. in addition, every house adjacent to a stream will be individually site - planned by engineers and approved by the County, eliminating any potential for streams to flood housing. Commissioner Straub expressed concern about the timing of this development and the impact of additional school children on already- overcrowded schools in the Senseny Road area. Commissioner Gochenour was not in favor of granting waivers involving natural waterways, wetlands, and woodlands, particularly for the purpose of straightening property lines. Chairman DeHaven called for public comments and the following person carne forward to speak: • One citizen came forward to express dissatisfaction with the removal f trees and other environmental impacts associated wvith developments being considered by the County. The majority of conunission members did not have a problem with granting a waiver on six lots for a maximum of 0.2 acre; however, they were not in favor of granting the waiver for the entire project. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 405 -05 of Briarwvood 111, submitted by Patton, Harris, Rust & Associates, PC, for single - family detached urban dwelling units with the requested waiver, which the applicant has offered to limit to six lots and an accumulative total of 0.2 acres. The vote was as follows: YES (TO APPROVE MDP W/ WAIVER) Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Wilmot NO: Straub, Gochenour ABSTAIN Manuel Fredrick County Planning Conunission Page 1484 Minutes of March 16, 2005 -11- • OTHER PLANNING COMMISSION RESOLUTION ON THE RURAL AREAS STUDY A motion was made by Conunissioner Kriz, seconded by Commissioner Ours, and unanimously passed to forward the following resolution to the Board of Supervisors concerning the Rural Areas Study: BE IT RESOLVED, That by a unanimous vote, the Frederick County Planning Commission respectfully recommends that the Ad -Hoc Committee, the Planning Commission, the Planning Staff, and other interested parties, be given 30 days to review and groom the Rural Areas Study rccormnendations which are on the table and report back to the Frederick County Board of Supervisors. In order to assist the Planning Commission and others in the review of the Rural Areas Study reconunendation, Conmrissioner Thomas suggested that the staff formulate a matrix summary comparing the proposals of the Comprehensive Plans & Programs Subconunittee's study and the Ad -Hoc Group's study. He commented that there were probably only ten to twelve areas of difference between the two documents. Commissioner Thomas suggested that a list be created showing the items of agreement, the areas that may be negotiated with ease, and then the items of contention that will need more effort. Conunissioner Thomas anticipated that once the documents are compared with a list of the basic principles of both, fliere will probably be more agreement than disagreement between the two. • MOTOR SERVICE (THE VAN MAN) Zoning and Subdivision Administrator, Mark R. Cheran, reported that on February 2, 2005, the Planning Commission considered the revocation of Conditional Use Pcmtit 430 -99 of Winchester Motor Service ( "The Van Man ") to operate a public garage without body repair at 2372 Berryville Pike (Rt. 7 East). At that meeting, the Plamning Commission granted the applicant 90 days to come into compliance with the conditions of the permit. Mr. Cheran stated that as of today, the owner has not yet come into compliance. He said the staff has made contact with the o�imer of the property and is working towards bringing the property into compliance. Mr. Cheran reported that the staff continues to receive ongoing complaints; the staff has observed trucks at various hours of the day and night; and, the staff also believes the trucks may be the result of a landlord/ tenant dispute. He reported that the Health Department has been notified about the septic system mentioned through complaints and the recycling coordinator visited the site and has issued a letter concerning the storage of tires. He stated that tomorrow, the staff will make contact with the property owner and, along with all the reviewing agencies, will visit the property and establish a concrete report. Mr. Cheran added that it was his understanding that the Department of Environmental Quality had also been notified. • Fredrick County Planning Commission Page 1485 Minutes of March 16, 2005 -1 2— • ADJOURNMENT No further business remained to be discussed and the Planning Conunission adjourned by a unanimous vote at 9:10 p.m. • Fredrick County Planning Commission Page 1486 Minutes of March 16, 2005