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PC_06-15-05_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 June 15, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; Lawrence R. Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District; David Shore, City of Winchester Liaison. STAFF PRESENT: Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; and Beverly Dellinger, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas, the Planning Commission minutes of May 18, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) Commissioner Kriz reported that the Board of Supervisors sent the Rural Areas Study information back to subcommittee for revisions and Senior Planner, Susan K. Eddy, did a fantastic job of rewriting the information, although the CPPS was not entirely pleased that changes had to be made. He said the UDA Study Group is actively meeting and pursuing their study; the CPPS also discussed the • Comprehensive Plan amendments. Frederick County Planning Commission Page 1538 Minutes of June 15, 2005 -2- • Transportation Committee Commissioner Straub reported that the Transportation Committee talked about the Road Improvement Plan and heard requests from the public on whether specific roads were eligible for paving; they also looked at the I -81 corridor with regards to endorsing rail access. CITIZEN COMMENTS Request for No Thru- Trucks in Brucetown Ms. Kathy Whittier, a resident of the Stonewall District, stated that a group of residents from Brucetown appeared before the Commission in 2003 and requested No Thru-Truck status through Brucetown. Ms. Whittier said that the residents along Charlestown Road had been granted a similar request, however, the Brucetown request was denied because an alternate route was not available at that time. She said that Rt. 761 (Charlestown Road) has now been re- opened, and the citizens of Brucetown would like to have their request considered again. She said that the Brucetown residents are becoming weary of the large trucks speeding through the town with no regard for the speed limit. Support for Mr. Fuel Truck Facility Mr. David E. Dovell came forward and introduced himself as a Frederick County tax payer and a truck driver. Mr. Dovell spoke in support of the Mr. Fuel truck facility proposed for Clearbrook. He believed Clearbrook was a good location for the facility and he thought an additional truck stop would relieve some of the congestion at the Flying J facility. Mr. Dovell said he has already had to wait 30 -45 minutes to get fuel at Flying J. He told the Commission about the closing of a couple fuel truck stops in surrounding counties and he noted that the number of facilities available to get fuel is dwindling. Mr. Dovell! commented that Frederick County needs the business and industrial use to build a tax base. Mr. Dovell requested that these issues be considered, rather than basing a decision on someone's inconvenience. AMENDMENT TO AGENDA Chairman DeHaven announced that both Item #7, the David Shore application for Anthony Cook, and Item 48, the Deborah Dorman Dutcher application, have been temporarily withdrawn by the applicants and will not be considered by the Commission at this evening's meeting. • Frederick County Planning Commission Page 1539 Minutes of June 15, 2005 -3- PUBLIC HEARING 6 Consideration of a request by Patton, Harris, Rust and Associates to include approximately 79 acres of land into the Sewer and Water Service Area (SWSA) and approximately 57 acres of said land into the Urban Development Area (UDA). Also, the consideration of a proposed Tasker Woods Land Use Plan (TWLUP); this plan would become an element of the Comprehensive Policy Plan. The properties are located north of Tasker Road (Rt. 642), east of Macedonia Church Road, and west of Route 522. The subject properties are identified by RLN.s 76 -A -49 and 76 -A -48A in the Shawnee Magisterial District. Action — Recommended Approval Senior Planner, Susan K. Eddy, stated that when this application previously came before the Planning Commission as a discussion item at the May 4 meeting, a much wider area was being studied; however, not all of the parcels in that wider area had been assigned a future land use. She said that later, when the Board of Supervisors considered this as a discussion item at their May 25 meeting, they were only willing to send forward the two parcels for public hearing. She said that although the Board agreed that a wider study area was appropriate, they referred the wider area plan back to the CPPS and the Planning Commission for further study. Ms. Eddy said that consequently, just the two parcels are being considered this evening for UDA, SWSA, and Land Use Plan components. Ms. Eddy next briefly reviewed the contents of the proposed land use plan. The main points of Ms. Eddy's presentation included: Both the SWSA and the UDA boundary are recommended for extension and the proposal includes a mix of commercial and residential uses; the commercial uses are proposed for the southern portion of the study area, below the intermittent stream, and strip commercial areas are to be discouraged; the plan recommends that the SWSA be extended to cover the designated commercial area, but not the UDA, as that would imply residential development; the plan calls for • a well - designed park and open space system for both active and passive recreation; the applicant indicates their intention to work with representatives of the Macedonia Methodist Church on an open space site for the area; the Eastern Road Plan designates Tasker Road and White Oak Road as improved major collector roads, and shows a new major collector linking White Oak Road and Macedonia Church Road with Rt. 522; the proposed LUP states that the provision of this major collector road would be the responsibility of the developers; similarly, a signalized intersection is proposed here, also the responsibility of developers in this area; the plan calls for a new minor collector road, which serves to connect the residential portions of the development with the commercial. and also to provide an alternative future access for the parcels along Rt. 522; an inter- connected system of multi - purpose trails and sidewalks are proposed and because the Tasker Woods area is in a prominent location on Rt. 522, heightened designed standards have been included in the proposed plan. Ms. Eddy stated that a recommendation from the Planning Commission on the UDA and SWSA expansions and on the Tasker Woods Land Use Plan is sought. Commissioner Thomas inquired about the proposed methods to discourage strip commercial areas. Ms. Eddy replied that since this is a long -range LUP, any proposed applications showing strip commercial development would not be consistent with the Comprehensive Policy Plan. Commissioner Gochenour asked about the advertising and public notification procedures. She also inquired why a SWSA and UDA expansion was being considered while the subcommittee was in the middle of their UDA study; she believed the subcommittee needed to reach the conclusions of their study before new applications were considered. Ms. Eddy explained that this was a 2004 Comprehensive Policy Plan amendment request and the BOS had designated it for further study. Frederick County Planning Commission Page 1540 Minutes of June 15, 2005 ME Mr. Clay Athey, representing the applicant, Alden, LLC, stated that Mr. Allen Hudson, the • managing partner of Alden, LLC and owner of the Eastgate Shopping Center, south of Tasker Road, has made a long -term investment in the community by bringing industrial and commercial projects to Frederick County. Mr. Athey explained that Mr. Hudson originally intended to use this property for industrial expansion. However, after speaking with the neighborhood residents, the Reverend Jason Dooley of Macedonia Methodist Church, and members of the Canter Estates Homeowners Association, he learned the residents were not eager to have additional industrial sites across from their church and near their neighborhood; they preferred that future development be residential. As it became clear that the project would move forward in this manner, it was placed back on the agenda for consideration. He said the proposal they sent to the CPPS was for two parcels; however, the CPPS wanted to look at the entire 183 acres. Mr. Athey said the CPPS had some difficulty designating a land use for some of the parcels during their study. Furthermore, when it came to the Commission for discussion, a number of adjacent property owners were concerned that their properties would be rezoned. Mr. Athey said the Board of Supervisors recognized the project had support from the surrounding community and agreed to move forward with a public hearing on the 80 acres and to send the remaining 100 acres back to CPPS for further discussion. Mr. Athey projected approximately 57 acres of residential. He said the rezoning process will also include plans for a park area across the street from Macedonia Methodist Church, which can be used by the church and community residents, but will not be the responsibility of Frederick County. Mr. Athey said a transportation plan was also designed to meet the recommendations of the Comprehensive Policy Plan in this area and to provide access to the parcels along Rt. 522. He said the remaining parcel, which will be south of the residential portion and front Tasker Woods, is intended for commercial use, which is also consistent with the concerns expressed about additional commercial development in Frederick County. Mr. Charles W. Maddox, Jr., of Patton, Harris & Rust, the design engineers for the project, • pointed out that the proposed roadway will provide a substantial buffer against the frontage parcels along Rt. 522. He commented that the multi - family use would be compatible with business, industrial, or residential. Commissioner Morris asked Mr. Maddox if the proposed road would be accessible to the property owners to the east; he was concerned about right -of -way and access issues. Mr. Maddox said the road would front on their rear property lines. Mr. Maddox did not foresee any right -of -way or access issues Commissioner Gochenour asked if the road would connect with White Oak. Mr. Maddox replied yes; his intention was to provide a straight connection between Tasker and White Oak. He said the road created on this plan provides suitable length, curves, and a lower speed limit so that it is not convenient for someone who wants to go north on Rt. 522 to try to take a short-cut through here. Chairman DeHaven next called for public comments and the following persons came forward to speak: Reverend Jason Dooley, pastor at Macedonia Church and a homeowner in the Canter Estates community, favored primarily residential uses for the development of Tasker Woods. Rev. Dooley was opposed to industrial use because of the truck traffic it would create through their neighborhood and concern for the safety of neighborhood children. He said the church is in the process of adding a preschool and the driveway for the preschool is very close to the proposed new road. Rev. Dooley was also concerned about how industrial development might affect Macedonia Church's role within the community as a helper in community development and in providing a connection between long -time residents and newcomers to the community. Frederick County Planning Commission Page 1541 Minutes of June 15, 2005 -5- Mr. Harry Newman, a resident and homeowner at 115 Maverick Courtin Canter Estates, and a member of the Board of Directors of the homeowners association of Canter Estates, echoed Pastor Dooley's comments. He believed that mixed development was the ideal way to proceed with this particular parcel of land and that residential use should be placed next to the existing residential area. He said the neighborhood residents would prefer to have residential use rather than heavy industrial. Mr. Newman mentioned Macedonia Church's plans for a preschool and he mentioned the Armel Elementary School to the north. Mr. David DeBay, adjoining property owner, raised the issue of storm water runoff. He was concerned that if the area was developed with considerable amounts of asphalt, the lower corner of his property, as well as his neighbor's property, would be flooded. Chairman DeHaven explained to Mr. DeBay that a preliminary storm water management plan should be available for examination during the rezoning stage of development. Since everyone who wished to speak had been given the opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Commissioner Morris moved for approval of the Tasker Woods LUP as presented, as well as the subsequent UDA and SWSA expansions. This motion was seconded by Commissioner Thomas. Commissioner Gochenour thought the plan presented was a good one, but the timing for it was not so good. She believed the UDA Study currently being conducted by the subcommittee needed to be finished before any SWSA or UDA applications for expansion are considered Commissioner Straub concurred with Commissioner Gochenour's comments. She said that although this seemed to be an appropriate location and she liked the commercial aspect, as well as the housing mix, the timing was a big factor for her. She commented that the Planning Staff recently presented 11 • applications for proposed amendments to the Comprehensive Policy Plan and within the next month, the Commission and the Board will be making decisions on all of these applications. In addition, she said the UDA Study that is currently in progress. Commissioner Straub said that she liked the proposal, but she was not sure it was the right time for it to happen. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the Tasker Woods Land Use Plan (TWLUP), which would become an element of the Comprehensive Policy Plan, and does hereby recommend approval of the request presented by Patton, Harris, Rust and Associates to include approximately 79 acres of land into the Sewer and Water Service Area (SWSA) and approximately 57 acres of said land into the Urban Development Area (UDA). The vote was as follows: YES (TO RECOMMEND APPROVAL) Wilmot, Manuel, Kriz, Ours, Thomas, Morris, Unger, Watt, DeHaven NO: Gochenour, Straub (Commissioners Light and Triplett were absent from the meeting.) Frederick County Planning Commission Page 1542 Minutes of June 15, 2005 a _ AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, BY THE REMOVAL OF SECTION 48.9, ADVERTISING SPECIALTIES - WHOLESALE Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS) discussed the removal of Section 165 -48.9, Advertising Specialties - Wholesale, of the Zoning Ordinance at their meeting of April 28, 2005. Mr. Cheran said that the DRRS agreed that since this use is no longer permitted in the B2 (Business General) Zoning District, it may be eliminated from this section of the Code. There were no public comments. No issues of concern were raised by the Commission and they believed the amendment to be appropriate. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, by the removal of Section 48.9, Advertising Specialties- Wholesale. • AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, SECTION 165 -48.9, BY THE ADDITION OF INTER - PARCEL CONNECTOR STREETS. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that at the April 28, 2005, meeting of the Development Review and Regulations Subcommittee (DRRS), committee members discussed an amendment to insure that inter -parcel connector streets are developed between adjoining parcels located in the County's residentially -zoned districts. There were no public comments. Commissioner Morris asked if a waiver allowance had been provided for special circumstances, such as when two developments could not be connected. Also, Commissioner Straub asked about gated communities. Mr. Cheran replied that a waiver allowance had been provided for those cases. Chairman DeHaven said that he viewed this amendment as making sure connections are enabled where they might be useful, as opposed to being required across the board. Commission members believed the amendment was appropriate. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, Frederick County Planning Commission Page 1543 Minutes of June 15, 2005 -7- BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance to Amend the Frederick County Code, Chapter 165 Zoning, Section 165 -48.9, by the addition of Inter- Parcel Connector Streets. OTHER COMPREHENSIVE POLICY PLAN AMENDMENT PROPOSALS Senior Planner Susan K. Eddy provided the Commission members with their 2005 Comprehensive Policy Plan Amendment Proposals package. Ms. Eddy said that a date has not yet been scheduled for a work session, but she anticipated it would be in July. UDA WORKING GROUP ANNOUNCEMENT Senior Planner Susan K. Eddy announced that Mr. Jessie Moffett from the Frederick- Winchester Service Authority will be the featured speaker at the UDA Working Group meeting to be held next Tuesday, June 21, 2005, at 11:00 a.m., in the Planning Department's Conference Room. ADJOURNMENT • No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:50 p.m. Frederick County Planning Commission Minutes of June 15, 2005 Page 1544 Respectfully submitted,