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PC_12-07-05_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 December 7, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; H. Paige Manuel, Member -At- Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Robert A. Morris, Shawnee District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark K Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner II; Bernard Suchicital, Planner I; Kevin Henry, Planning Technician; John D. Kirby, Zoning Inspector; and Renee' S. Arlotta, Clerk. is CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the November 2, 2005 Planning Commission meeting were unanimously approved as presented. PUBLIC HEARING Conditional Use Permit #09 -05 of Richard L. Heisey for a Cottage Occupation - Woodworking Shop. This property, zoned RA (Rural Areas), is located at 663 Dicks Hollow Road (Rt. 663) and is identified with P.I.N. 41 -A -40D in the Gainesboro Magisterial District. Action — Recommended Approval with Conditions 0 Frederick County Planning Commission rage ios i Minutes of December 7, 2005 -2- Planner John D. Kirby reported that the proposed conditional use permit (CUP) is for a cottage occupation for a wood - working shop which will be conducted in a 30 -foot by 65 -foot existing accessory structure at the rear of the seven -acre property, owned by Mr. Richard L. Heisey and Nancy S. Heisey. Mr. Kirby said the applicant is requesting to have three employees; he said the Health Department has requested that no more than eight people be allowed on the drainfield. He added that a gravel lot alongside the structure will be sufficient for employee parking. Mr. Kirby stated that based on the limited scale of the applicant's proposed cottage occupation, it appears this use would not have a negative impact on adjoining residential properties or detract from the rural character of the area. Mr. Kirby next read a list of recommended conditions, should the Commission find the CUP to be appropriate. Mr. Richard L. Heisey, the owner and applicant, came forward to answer questions from the Commission. Commissioner Kriz asked Mr. Heisey how many family members he had residing at his home and Mr. Heisey replied four. In light of the Health Department's comments, Commissioner Kriz asked Mr. Heisey if he would prefer the CUP to allow four employees, rather than three as stated. Mr. Heisey was agreeable to the suggestion, commenting that it could serve as a cushion for his operation. Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioner Kriz moved to recommend approval of CUP 409 -05 with an increase in the number of permitted employees from three to four, as stated in condition 44. This motion was seconded by Commissioner Ours and unanimously passed. i s BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 409 -05 of Richard L. Heisey for a Cottage Occupation - Woodworking Shop, located at 663 Dicks Hollow Road (Rt. 663), with the following conditions: 1. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. 3. No retail sales of merchandise shall be permitted on site. 4. No more than four employees shall be permitted. This property has a drainfield capacity of up to eight people; therefore, the Health Department has requested that no more than eight people be allowed on the drainfield, including employees. 5. No business signs shall be permitted. (Note: Commissioners Morris and Light were absent from the meeting.) • Frederick County Planning Commission Page 1638 Minutes of December 7, 2005 — 3 — • Consideration of proposed modifications to the Western Jubal Early Land Use Plan ( WJELUP), an element of the Comprehensive Policy Plan, including the expansion ofthe Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) by 267 acres. The UDA/SWSA expansion is a Comprehensive Policy Plan Amendment (CPPA) Request #08 -04 of the Solenberger/ Bridgeforth properties. The WJELUP includes properties bounded by Cedar Creek Grade (Rt. 622) to the south, Route 37 to the west, Merriman's Lane (Rt. 621), and the City of Winchester to the north and east. The subject properties are identified with P.I.N.s 52-A-310,53-A-90,53-A-91, 53 -A -92, 53- A -92A, 53- A -92B, 53-A-94,53-A-95,53-3-A, 53 -3 -A1, 63 -A -1 (only the portion east of Rt. 37), 63 -A -1A, 63 -AlE, 63 -A -2A, 63 -A -211, 63 -A -21), and 63 -A -2L, all within the Shawnee Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Senior Planner, Susan K. Eddy, provided dates and summaries of the previous discussions held by the Planning Commission and the Board of Supervisors on this item. Ms. Eddy said this request includes two items for consideration: the first item is a request to include approximately 260 acres of land, known as the Solenberger- Bridgeforth property into the Urban Development Area (UDA); the second item includes proposed modifications to the Western Jubal Early Land Use Plan ( WJELUP). Ms. Eddy pointed out the properties on a display map. Referring to the Western Jubal Early Land Use Plan, Ms. Eddy reported that the predominant land use proposed for the area is residential, with a gross residential density of up to four dwelling units per acre, • including two areas for commercial development along proposed Jubal Early Drive Extended, and along the intersection of Route 37 and Cedar Creek Grade. She said that earlier versions of this plan designated these two particular areas as mixed use; however, the Board of Supervisors had not been satisfied that the limited commercial would be sufficient and they recommended that the mixed -use areas be changed to commercial areas. Ms. Eddy said the plan designates environmentally - sensitive areas not to be disturbed, primarily in the Abrams Creek area, text has been included encouraging protection of the Baker -Jacob House, and text has been included calling for a school facilities site. She added that a key component of the proposed plan still remains transportation; the plan shows Jubal Early Drive extending from the City, in an east -west direction, over to a new interchange with Rt. 37; it also includes a north -south collector road and improvements to Cedar Creek Grade; and, an integrated trail and sidewalk system is also sought. u Commissioner Straub commented about the close proximity of Merrimans Lane to the proposed connection of Jubal Early to Route 37; she inquired if there will also be access from Merrimans Lane. Ms. Eddy replied that the intent has been for Merrimans Lane to be re- aligned and to provide access. Mr. Evan A. Wyatt with Grecnway Engineering was present to represent the Solenberger and the Bridgeforth families in this request. Mr. Wyatt stated that the Board of Supervisors wanted to make sure VDOT was comfortable with the concept of the interchange on Rt. 37; he added that the Metropolitan Planning Organization (MPO) has been studying this issue and the applicants wanted to be sure the Comprehensive Policy Plan and the MPO were in -sync with each other. He said that VDOT issued a letter in June 2005 stating they would support the new interchange for Comprehensive Policy planning purposes. Mr. Wyatt said the ultimate approval of the break in access lies solely with the Commonwealth Transportation Board. Regarding the Land Use Plan, Mr. Wyatt said the applicants are requesting that the text be forwarded to the Board of Supervisors for approval; he said the property owners are comfortable with the language. Frederick County Planning Commission Page 1639 Minutes of December 7. 2005 -4- Commissioner Gochenour said that she understood the interchange was crucial to this • development; she asked who was going to pay for the interchange to be constructed. Mr. Wyatt agreed the interchange was important, however, he believed the regional collector road systems were just as important. Mr. Wyatt said that there was considerable discussion at both the committee and commission levels on funding and a primary concern was with the original text specifying that funding of the interchange should lie solely with the property owners. He explained that the new language indicates that the property owners will be a part of the funding solution, however, it includes flexibility for partnerships with VDOT, the City, and the County. Mr. Wyatt said that when rezonings come forward, he foresees the owners' participation in getting that funding. Commissioner Straub commented that if West Jubal Early Road is constructed, itwould traverse some developmentally - sensitive areas; she asked if an environmental study was being done beforehand. Mr. Wyatt pointed on the map to the defined wetlands area and stated that in order to construct the road there, a wetlands permit will have to be issued by the Corps of Engineers. He added that the issue had already been resolved. Chairman DeHaven next called for public comments and the following persons came forward to speak: Ms. Carolyn Lewis, a resident of Merrimans Lane, said she was representing her neighbors and other residents of the area. Ms. Lewis described the existing traffic problems on Merrimans Lane, such as trouble exiting driveways and traffic back -ups from the Amherst Street traffic light and at Jubal Early Drive. She said the main thoroughfare through this area has gotten much worse with the development to the south and with the opening of the new W almart store. She was concerned about the traffic that will be created and added to this area with this new proposal and requested that something be put in place beforehand to prevent an even greater problem. Ms. Lewis said that she and her neighbors were in favor of the Jubal Early Drive extension and the • Route 37 Interchange Mr. David Worthington, a resident of Winchester, said he previously owned property within Orchard Hill subdivision, which is adjacent to this property. Mr. Worthington was concerned about the environmental issues involved with this project, especially the sensitive areas around the Abrams Creek corridor. He mentioned the riparian areas, the greenways for animal migration, and other actions he thought were necessary to ensure that wildlife diversity and numbers in this area do not suffer because of the proposed land use change. He said that simply identifying these areas as "developmentally sensitive" does not provide the level of protection they require and appears to suggest that development will be allowed in these areas. Mr. Worthington was also concerned about the impact the Jubal Early Drive extension would have on environmental issues in both the City and the County; he said the road is proposed to be routed through questionable stormwater and swale -type areas that may not be conducive to road construction. Mr. Worthington stressed the importance of the interchange at Jubal Early and Route 37 so that traffic is not funneled through residential neighborhoods; he was concerned about who would pay for the provision of fire and rescue services; and he believed the pace of housing construction was too high within the County and he suggesting controlling the growth to protect both the County and the City. Commissioner Thomas believed this proposal was a good potential project and it was located in an area that should be considered for future residential and commercial development, particularly because of its location within the Rt. 37 boundaries and because it was adjacent to the City of Winchester. Commissioner Thomas believed both citizens who spoke had valid comments, but the issues raised should be considered during the rezoning phase and with the applicant's proffers. He predicted that if approved, this development would not begin until five or more years. He commented that the property could initially be developed from the south with Frederick County Planning Commission Page 1640 Minutes of December 7, 2005 -5- quick access to Route 37. Commissioner Thomas stated that the county needed this project in order to complete its regional transportation plan for that area; he also believed it fills an area that is currently under - utilized • between Route 37 and the City boundary. Commissioner Goebenour pointed out some significant challenges still facing the Urban Development Area (UDA), such as fire and rescue service, impacts on environmental areas, and water and sewer availability; she was concerned about expanding the UDA at this time and increasing residential growth. She believed there were too many unresolved issues and, therefore, she was not in favor of bringing more development into the UDA at this time. Commissioner Straub was concerned about who would pay for the connection to Route 37, especially since money could not be foreseen coming from VDOT. Commissioner Straub believed the source of the funding for the interchange should be identified beforehand. She also expressed concern about building Juba] Early all the way to Route 37, and then, possibly, not being able to construct the Route 37 interchange. In addition, Commissioner Straub believed the potential increase in student population would be a problem, creating the need for at least two more elementary schools. Commissioner Ours commented that it has always been well known that this area would eventually develop into residential and he favored the idea of increasing the commercial areas. He believed the primary issue, however, would eventually be the development of the interchange at Route 37. He stated that it would be totally irresponsible on the part of the Commission if, at some future date, the northern part of this area is allowed to be developed without the transportation infrastructure; he said the current infrastructure can not support the development and the developers will have to pay their share. He was not opposed to expanding the UDA. Commissioner Wilmot concurred with all of the statements previously made. Regarding the • transportation issue, she said the Planning Commission will have a responsibility as well. She quoted from the Land Use Plan, "... no rezonings will occur without solutions to the transportation system having been mitigated." Commission members raised a question about the City of Winchester's involvement. Ms. Eddy stated that when the first Jubal Early Plan was developed in 2003 -2004, the City of Winchester was very involved. Ms. Eddy said the City has been kept abreast of the changes that have been proposed and discussions have taken place regarding issues such as fire and rescue. Commission members believed that the City should also participate in the costs. Commissioner Wilmot believed the most important consideration was whether this was a good land use for this particular area. She did not consider that this proposal should be penalized because it was coming on the heels of a number of potential areas that have already been approved. Commissioner Wilmot made a motion to approve the proposed modifications of the Western Jubal Early Land Use Plan and the UDA/SWSA expansion request CPPA 408 -04 of the Solenberger/ Bridgeforth Properties. This motion was seconded by Commissioner Kriz. • Frederick County Planning Commission Page 1641 Minutes of December 7, 2005 BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the proposed modifications to the Western Jubal Early Land Use Plan (WJELUP), which is an element of the Comprehensive Policy Plan, including the expansion of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) by 267 acres. The UDA/SWSA expansion is a Comprehensive Policy Plan Amendment (CPPA) Request #08 -04 of the Solenberger/ Bridgeforth properties. The majority vote was as follows: YES (TO REC. APPROVAL) Wilmot, Manuel, Triplett, Kriz, Ours, Thomas, Watt, DeHaven NO: Straub, Gochenour ABSTAIN Unger (Commissioners Morris and Light were absent from the meeting.) PUBLIC MEETING Master Development Plan 911 -05 for Westbury Commons, submitted by Greenway Engineering, for 11 • proffered, age- restricted, single- family, small -lot detached dwellings on 3.13 acres, zoned RP. The properties are located on the east side of Westminster Canterbury Drive, approximately 500 feet south of the intersection of Route 522 and Westminster Canterbury Drive. The properties are further identified with P.I.N.s 53 -4 -3 -E and 53 -4 -3F in the Stonewall Magisterial District. Action - Recommended Approval Planner Candice E. Perkins reported that this master development plan (MDP) was discussed and tabled at the Planning Commission's November 2, 2005 meeting, to allow sufficient time for the applicant to provide the Commission with a revised MDP in their agendas. She said that with this MDP application, the applicant is requesting a waiver pursuant to Section 165- 64A(1) of the Frederick County Zoning Ordinance; in accordance with this section, the Board of Supervisors may provide a waiver for the community center requirement, in single - family subdivisions that contain less than 50 lots. She said that the applicant is providing two park benches and trails, which were proffered during the rezoning, and a 14 -foot gazebo in lieu of the community center. Ms. Perkins said that upon resolution of the recreational center waiver, this MDP will be consistent with the MDP requirements of the Zoning Ordinance; she said the preliminary MDP is also in accordance with the proffers of the rezoning and has addressed the staff's concerns. Mr. Evan A. Wyatt, with Greenway Engineering, was representing the owners, Harvest Communities, Inc. and the Westbury Commons MDP. Mr. Wyatt said the issues identified in the staffs previous report had been addressed in the MDP provided at the November 2 meeting. However, since the revised plan had been provided to the staff too late to be included in the Planning Commission's agenda packet, members of the Commission agreed to table the plan because they preferred to have some time to review the latest submission. Frederick County Planning Commission Page 1 042 Minutes of December 7, 2005 -7- • Mr. Wyatt said that in developing their recreational amenities package, they worked with the staff of the Department of Parks and Recreation to determine if the provision of a gazebo, two park benches, and trails were appropriate for this age group and if the values were satisfactory to meet or exceed the $27,500 value of the community center that would have been required. He said information has been provided within the package that will demonstrate that the applicant has met and exceeded the value requirement. Mr. Wyatt said there was one issue outside of the MDP scope that he wanted to make sure the Planning Commission and the Board of Supervisors was made aware of. Mr. Wyatt proceeded to tell the Commission about a flooding event that had occurred on an adjoining site. Mr. Wyatt said that in preparation for work on the property, a land disturbance permit was issued and the initial site work was carried out, which included sediment traps instead of having the full storm water pond. He said that with the hard rain the previous week, water escaped the sediment traps and flooded an adjoining property owner's basement. Mr. Wyatt said that since the event occurred, Mr. Stuart Butler, President of Harvest Communities, Inc., has been very proactive in working with the adjoining property owner to make sure any damages are taken care of and, more importantly, he has been working to make sure there is a solution to the problem. Mr. Wyatt explained that the lay of the land for this particular house is extremely flat; the elevation of the floor for the basement is almost identical within a tenth of a foot of the grade of the yard, so there's no place for the water to go. He stated that Mr. Butler is not only working with that owner to make sure the structure is taken care of, but he is also working to design a solution and make sure storm water problems do not occur on that lot in the future. Chairman DeHaven next called for public comment, however, no one came forward to speak. Commissioner Gochenour remarked that Mr. Butler had been extremely positive in his response to this flooding incident. Commissioner Gochenour said that the adjoining property owners, the Wrenns, had a great deal of water come in as a result of the flooding. She said that Mr. Butler is working with the Wrenns on both the inside and outside of their home and, as of this afternoon, plans are being made to address the issue. Commissioner Straub suggested that the applicant use a no- maintenance material for the benches and gazebo instead of wood, to eliminate the need for regular staining and painting. Commissioner Kriz stated that this application was discussed thoroughly at the previous meeting; however, he requested that it be tabled because the Commission did not have the revised materials. Commissioner Kriz said that everything seemed to be in order now and he moved to recommend approval of the MDP, with the waiver of the community center requirement as requested. This motion was seconded by Commissioner Wilmot and unanimously passed. (Commissioners Morris and Light were absent from the meeting.) Consideration of a waiver request for Gas Mart #7, submitted by Keith Engineering, Inc., for an entrance spacing waiver permitted in Article IV, Section 165- 29B(1) of the Frederick County Zoning Ordinance. This waiver would allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. Action — Denied Frederick County Planning Commission Page 1643 Minutes of December 7, 2005 M -M Planner Candice E. Perkins presented the request by Keith Engineering, Inc. on behalf of Gas Mart #7 for a waiver from Section 165- 29A(4), as allowed by Section 165- 29B(1) of the Frederick County Zoning Ordinance, to allow for a reduction in the minimum entrance spacing for business entrances on arterial roads. Ms. Perkins noted that the properties are located at the corner of Route 7 and Eckard Circle and are zoned B2 (Business General). She said the approval of the waiver will allow the property to develop as a gas station use with a right -in/ right -out onto Route 7. Ms. Perkins stated that the entrance spacing requirement for this site is 200 feet from any existing entrance; the proposed entrance is shown 75 feet off the Eckard Circle entrance and 125 feet off the adjacent Seven - Eleven entrance. She explained that the applicant would need a waiver of 125 feet off of Eckard Circle and a waiver of 75 feet off the adjacent Seven - Eleven entrance. Mr. F. J. Keith, P.E., President of Keith Engineering, Inc., said the proposed entrance was a previously- existing entrance, but did not meet the VDOT entrance requirements. Mr. Keith said that in order for the proposed convenience store to be successful, they believed an entrance off of Route 7 was necessary. He said the owners have agreed to widen and repave Eckard Circle. Mr. Keith added that they approached representatives of the Seven - Eleven store about the possibility of a shared entrance; however, they were unsuccessful. Commissioner Gochenour inquired if VDOT had provided their approval of the proposed new entrance and Mr. Keith replied yes. Commissioner Thomas commented that in addition to the requested entrance off Berryville Avenue (Rt. 7), the applicant would have an additional access at Eckards Circle; he noted that both entrances will be a "right -out only" exit. Commissioner Thomas asked Mr. Keith why he believed they needed the access on Berryville Pike. Mr. Keith replied it was for the exposure to vehicles traveling along Route 7. Commissioner Thomas asked Mr. Keith how many residences were located on Eckard Circle and if he knew the volume of traffic • there. Mr. Keith thought there were approximately 10 to 20 residences on Eckards Circle. Commissioner Wilmot asked Mr. Keith to explain the relationship between the proposed entrance and the existing deceleration lane at this location; she said it appeared to her that the proposed entrance and the deceleration would conflict with each other. Commissioner Triplett asked if it was possible to widen or lengthen the existing deceleration lane. Mr. Keith replied that the lot was narrow and there was not enough width to meet a standard VDOT deceleration lane. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Jeff Ketron, an adjoining property owner at 104 Blossom Drive, behind the Seven- Eleven, was concerned about the elevation of the proposed Gas Mart site because his lot and home were lower; he said he was concerned about having gasoline pumps above the grade of his home. He commented that the deceleration lane for the Seven - Eleven is not a primary issue because there is another entrance there off Blossom Drive. He said most of the traffic comes in through Blossom Drive, to avoid the Greenwood - Redbud - Millbrook traffic lights, to access Greenwood Road. He said this was a high - traffic area in only a 100 -foot span, which is at the end of his driveway. Mr. Ketron said he was not as concerned about the entrance as he was at having the grade of the proposed gasoline pumps above his property. Chairman DeHaven asked Mr. Keith if he had done a grading plan for the proposed site. Mr. Keith replied yes; he said that they were dropping the level of the site approximately four -to -five feet. Chairman DeHaven suggested to Mr. Keith that he meet with Mr. Ketron to talk about the grading concerns. Frederick County Planning Commission Page 1644 Minutes of December 7, 2005 am Corrunissioner Ours said the geometries of the proposal was of a concern to him, especially because traffic along this section of Route 7 gets very busy and moves quickly; he said that when the Commission grants a waiver, there should be reasonable cause and he could not see a clear reason to grant a waiver. Commissioner Thomas agreed. He said he tried to justify another entrance that would violate guidelines, based on speed limit and spacing from other entrances, but there would be about one -and -a -half vehicles every minute for the afternoon peak traffic and, at that same time, vehicles would be traveling on Route 7 going east at 45 mph. He believed it would create interference, especially considering three entrances that close together. Commissioner Thomas did not view this as a hardship, but a design problem that could possibly be worked at Eckard Circle or with Seven - Eleven. Commissioner Thomas believed a safety hazard would be created with four entrances in what appears to be about 250 feet, with Eckard Circle, this Gas Mart, Seven - Eleven, and Blossom Drive within a 45 -mph speed limit. In an opposing viewpoint, Commissioner Triplett said that he could understand why the Gas Mart wanted to use an existing right -of -way and simply make it larger. Referring to the traffic situation, he pointed out that this was within a 45 -mph speed limit and a traffic signal was only 250 -300 feet from the proposed entrance. Commissioner Triplett said that the Seven - Eleven has their own entrance and he could see why they would not be over - enthusiastic about working with a competitor beside them. He did not anticipate a traffic problem; he commented that the only business this site will get will be from east -bound traffic, because there is no cross -over. Commissioner Ours made a motion for denial of the request and recommended that the applicant attempt a redesign to make the entrances work a little better. This motion was seconded by Commissioner . Thomas. Chairman DeHaven commented on the importance of entrance spacing; he said if the traffic signal wasn't there to create the potential for access breaks, he would have real concerns. He also noted that it was really too short a distance to consider acceleration and deceleration lanes. He agreed it would be worthwhile to have additional design discussion to see if another solution could be worked out. BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby deny the waiver request submitted by Keith Engineering, Inc., on behalf of Gas Mart #7, for an entrance spacing waiver permitted by Article IV, Section 165- 29B(1), of the Frederick County Zoning Ordinance to allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. YES (TO DENY) Straub, Gochenour, Watt, Unger, Thomas, Ours, Kriz, Manuel, Wilmot, DeHaven NO: Triplett (Commissioners Light and Morris were absent from the meeting.) • Frederick County Planning Commission Page 1645 Minutes of December 7, 2005 -10- • Subdivision Request #22 -05 of Lake Holiday, Section 10, submitted by Urban Engineering & Associates, for the relocation of 14 single - family detached lots. The property, zoned R5 (Residential Recreational) is located along Masters Drive within Section 10, Lake Holiday, and is identified with P.I.N. 18 -A -J in the Gainesboro Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran reported that the request is to subdivide 14 lots ranging in size from 10,000 square feet to 13,000 square feet in area on 3.35 acres along Masters Drive in the Lake Holiday subdivision, Section 10. He said that this subdivision request includes the relocation of 14 lots, originally platted along Palmer Circle in Section 10, to Masters Drive in Section 10. Mr. Cheran added that the relocation of lots will not require any new road construction and will preserve a larger open space area. He further added that the subdivision ordinance requires that land divisions within the R5 Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval. Mr. Mike Perry of Miller & Smith came forward to represent Lake Holiday, LLC. In answer to a Commissioner's question on why the lots were being relocated, Mr. Perry said the lots created on Masters Drive would be more marketable as building lots than the ones originally platted on Palmer Circle. He said the right -of- way on Palmer Circle will be removed and those lots vacated; he said there will be no increase in the number of lots placed on Masters Drive. • Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #22 -05 of Lake Holiday, Section 10, submitted by Urban Engineering & Associates, for the relocation and subdivision of 14 single- family detached lots from Palmer Court to Masters Drive. (Commissioners Morris and Light were absent from the meeting; Commissioner Unger abstained.) 0 Frederick County Planning Commission Page 1646 Minutes of December 7, 2005 -11— • Consideration of Subdivision Waiver Request #33 -05 of Titan Virginia Ready -Mix, LLC, submitted by Lawson and Silek, P.L.C., for a subdivision waiver in order to subdivide a 5.52 -acre parcel in the EM (Extractive Manufacturing) District. The property is located south of Woodside Road (Route 671) and is identified with P.I.N. 33 -A -133 in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the subdivision ordinance requires land divisions in the EM (Extractive Manufacturing) District without an approved master development plan (MDP) to be presented to the Board of Supervisors for final approval. Mr. Cheran said this proposed subdivision has approval from VDOT and the Health Department. He explained that a concrete plant, which was approved by site plan in 2004, is located on this parcel; this proposed subdivision will allow the concrete plant to be secured and fee simple with this subdivision. Mr. Cheran added that this proposed subdivision has met the requirements for, and has been granted approval of, a waiver from the MDP requirements; therefore, Planning Commission and Board of Supervisors review and action is necessary. Mr. Thomas Moore Lawson, attorney with Lawson & Silek, P.L.C., was representing Titan Ready -Mix, LLC in this application. Commission members had questions regarding access to the residual parcel. A Commission member asked Mr. Lawson about the status of the dedication of the 50 -foot strip to the Commonwealth of Virginia for the entrance road, as shown on the minor subdivision plat. Mr. Lawson replied that the dedication of this prescriptive right -of -way is a part of this subdivision process. Mr. Lawson explained that the line runs through the middle of the right -of -way and, pursuant to the county's policies, the owners agreed to the dedication • to create the 50' standard VDOT section. He added that the dividing line for the proposed subdivided parcel is the road; therefore, both sides would front on the road, eliminating any access issues because the lots will have a VDOT right -of -way between them. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Wilmot, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #33 -05 of Titan Virginia Ready -Mix, LLC, submitted by Lawson and Silek, P.L.C., for the subdivision of a 5.52 -acre parcel off a 38 -acre tract, zoned EM (Extractive Manufacturing) District, with a waiver of the master development requirements and providing staff administrative approval authority. (Commissioners Morris and Light were absent from the meeting.) • Frederick County Planning Commission Page 1647 Minutes of December 7, 2005 -12- • DISCUSSION DISCUSSION OF THE 2006 -2007 FREDERICK COUNTY CAPITAL IMPROVEMENT PLAN (CIP) Planner Kevin Henry presented the draft 2006 -2007 Capital Improvements Plan (CIP). Mr. Henry stated that the most notable change on the map from last year's CIP is the two new projects under County Administration, the Gore Refuse Site Expansion from the Department of Public Works and the Relocation of the Clearbrook Fire Station from the Department of Fire and Rescue. Mr. Henry said the proposed CIP includes 46 projects, of which nine are new. He said that seven new projects are proposed for Frederick County Public Schools, including three new elementary schools, school renovations, and land acquisitions for 11 facilities. Mr. Henry displayed a power point map from the Frederick County Public Schools showing the potential new school locations and he pointed out the proposed school locations. He next displayed a map showing the Planning Department's version of the proposed school sites. Mr. Henry said that the main difference between the Public Schools' map and the Planning Department's map is the depiction of bubbles for proposed school locations within the Urban Development Area; he said the Planning Department's map shows the middle school within the UDA, as well as two separate bubbles for those elementary schools north of Stephens City. He said that all other projects listed in the 2006 -2007 CIP are carried over from the 2005 -2006 CIP. Mr. Henry stated that the draft CIP was reviewed and endorsed by the Comprehensive Plans & Programs Subcommittee (CPPS) at their meeting on November 14, 2005. He said that the Planning Commission is being asked to continent on the two school maps and specifically, which school map the staff should move forward with, along with any other comments for the Board of Supervisors. Mr. Henry noted that several agency and department directors were available to answer questions. • Commission members had questions for the school systems' representative regarding their site selection process. They also inquired if planning multiple facilities on a single site was a new concept for the future. Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent of Frederick County Public Schools, stated that placing multiple facilities at a single location is always a consideration; however, it was not the only factor when considering the placement of a school facility. Mr. Kapocsi explained that the School System's staff has been working very closely with the Planning Department and together they have considered current and future development within the County, as well as, enrollment projections, transportation concerns, access to utilities, and existing facilities. Mr. Kapocsi said that the Frederick County Public School System staff has been working with the Planning staff to consolidate the two maps presented by Mr. Henry and the school staff recognizes the importance of the placement of new facilities within the UDA. He pointed out that the Planning staff's map configures all the bubbles within the UDA, while the School's map includes the UDA, but doesn't restrict the placement of facilities solely within the UDA. Chairman DeHaven pointed out the importance of having a conceptual plan for future needed school facilities so that everyone is on notice about which areas school sites are needed. He stressed the need for this information to be included in the CIP. Chairman DeHaven commented that the School System's staff and the Planning staff have worked hard this year to coordinate the placement of future schools. He preferred the concept of encouraging the placement of school sites within the UDA. Commissioner Ours suggested the possibility of a yearly presentation by School Board representatives, so the Planning Commission is aware of the School System's needs when it considers • development within the County. Frederick County Planning Commission Page 1648 Minutes of December 7, 2005 -13- • Planning Director, Eric R. Lawrence stated that the CIP is a five -to- six -year window; while the Comprehensive Plan is a 20 -year vision. Mr. Lawrence explained that the school facilities location maps shown are short -term and can be linked to proffers and rezoning applications. He noted that the WJELUP, previously discussed for example, is within the Comprehensive Policy Plan, and the text for that policy indicates that a school site would be appropriate within the area. Board of Supervisors' Liaison, Barbara Van Osten, said that school system representatives were available at the last couple Planning Commission retreats and this proved to be beneficial. She thought this was a great opportunity for dialogue to take place and hoped school systems representatives will beat the Commission's retreat again this year, in February. Commissioner Ours had questions for representatives of the Parks & Recreation Department regarding the status of the proposed aquatics tenter. Mr. James Doran, the Director of Frederick County Parks & Recreation, reported working with the City of Winchester on the possibility of ajoint venture with the City for an aquatics facility, He said that a joint Finance Conmiittee meeting is scheduled for December 22 and this issue will be discussed. Commissioner Ours inquired if the joint venture might possibly impact the location of the aquatics facility because initial discussions suggested a location within the Sherando Park area. Mr. Doran anticipated a change in the location, if the City is involved in the project. He said that one of the City's criteria was for the aquatics facility to be located within a one -mile radius of the City and the benefit would be that the City would pay a portion of the cost. Commissioner Thomas remarked that with the County's greater population, the numbers of people using the pool could potentially be 2' /z to 3 times the City's population. He suggested that if the County funds that proportion of the bill, then the County should have much more influence on how the pool is used, compared with the current joint indoor pool arrangement. Mr. Doran agreed. is Commissioner Straub had questions for representatives of the Fire and Rescue Services Department regarding any plans for future emergency services facilities. Mr. Gary DeBrueller, the Director of Frederick County Fire and Rescue Services, reported that there are five station sites projected within the Comprehensive Policy Plan to meet projected growth within the County. Commissioner Straub asked if substations were planned for any of the large subdivisions, for example, Stephensons Village. Mr. DeBrueller said that within the proposals, four new fire stations are to be collocated with other County facilities /agencies; for example, a satellite Treasurer's Office or satellite Sheriffs Office. He said the facilities the County would anticipate building would not be large facilities with bingo halls, but would be a single engine and ambulance-type facility. Commissioner Straub asked about personnel to operate the facility and Mr. DeBrueller stated that personnel would probably consist of career fire and rescue people; however, they would not preclude volunteers, if they were available. Commissioner Ours asked Mr. DeBrueller if he was satisfied that the coverage areas each fire department was responsible for reflected the best functioning system. Mr. DeBrueller recognized there were gaps within the county that needed to be filled. Mr. DeBrueller explained that some years ago, fire stations were concentrated within community centers; however, with the growth that is spreading out from those community centers, they now have to look at decentralizing some of the stations into high - density areas and the areas with longer response times. Chairman DeHaven thanked the department and agency directors for attending the meeting and for their service to the community. • Frederick County Planning Commission Page 1649 Minutes of December 7, 2005 -14- • Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does herby endorse and unanimously recommend approval of the draft 2006 -2007 Capital Improvements Plan for Frederick County with the staff's modification of the two proposed school facilities maps combined into one map. DISCUSSION OF FREDERICK COUNTY'S EASTERN ROAD PLAN Planner Bernard S. Suchicital presented the Eastern Road Plan, an element of the Comprehensive Policy Plan, to the Commission. Mr. Suchicital stated that the revisions within the plan are a reflection of the Winchester Area Transportation Study (WATS), the approved rezonings and master development plans (MDPs), the various small area land use plans contained within the Comprehensive Plan, and the recently- approved Metropolitan Planning Organization's (MPO) 2030 Transportation Plan; he said all are consolidated into a single, uniform road plan for Eastern Frederick County. Mr. Suchicital noted that the Planning Staff is using this opportunity to ensure the transportation planning efforts of the County are consistent and incorporated into the Comprehensive Policy Plan. He said the eventual goal of this process is to update the County's Comprehensive Policy Plan. Mr. Suchicital highlighted two new inclusions to the Eastern Road Plan, as follows: Warrior • Drive Extension, south from Route 277 to the new Exit 307 and 81; and secondly, the Stephens City Bypass, from the Springdale and Shady Elm intersection down to Exit 307. Commissioner Unger inquired about the Springdale exit. Mr. Suchicital replied that Exit 307 is proposed to be moved further south. Commissioner Straub said she still had concerns with the Route 37 interchange at Senseny Road, unless some of the eastern portion of the Route 37 was changed into more of a parkway than a 65 -mph limited access highway. She commented that if this is the case, she had no real problem with it; however, if on- and -off ramps were proposed to be connected to Senseny Road, she had concerns. She explained that the residents along the Stephenson area still have no access whatsoever to proposed Route 37 and vehicles must get onto 1 -81 before they can access Route 37. No other comments or issues were raised. Upon motion made by Commissioner Kriz and seconded by Commissioner Wilmot, Frederick County Planning Commission Page 1650 Minutes of December 7, 2005 -15- is BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Frederick County's Eastern Road Plan. (Commissioners Morris and Light were absent from the meeting.) ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:00 p.m. Respectfully submitted, / -`1 -4 � , Charts S. DeHaven, Jr.uChairman Eric R. Lawrence, Secretary • • Frederick County Planning Commission Page 1651 Minutes of December 7, 2005