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PC_04-19-06_Meeting_MinutesMEETING MINU'T'ES 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 April 19, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesbom District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Gary R. Oates, Stonewall District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At- Large; Philip A. Lemieux, Board of Supervisors Liaison; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District, Richard C. Ours, Opequon District; David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman Wilmot 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 March 15, 2006 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Economic Development Commission (EDC) — 04/07/06 Mtg. Commissioner Thomas reported that the EDC heard a presentation on existing land uses in Frederick County. He said the presentation included the results of a study which concluded that there is an insufficient amount of land zoned for industrial and commercial development in relationship to maintaining the County's tax base and the volume of residential growth. Frederick County Planning Commission Page 1724 Minutes of April 19, 2006 -2- Sanitation Authority (SA) - 04/18/06 Mtg. Commissioner Unger reported that rainfalls in March were probably the worst the County has ever had with A I inches of rain; typically rainfall in March is about three inches. He said the plants ran well, however, because there was hardly any infiltration. Commissioner Unger said the County purchased approximately two million gallons of water per day from the City of Winchester because of the poor rainfall. He added that the SA has received approval to upgrade the Diehl Plant on Route 7. Historic Resources Advisory Board (HRAB) — 04/18/06 Mtg. Commissioner Oates reported that the HRAB intends to award ten historic plaques to residents at a Board of Supervisors meeting in June. He said the Winchester Star has been contacted about the possibility of featuring one historic house per week in the newspaper. Commissioner Oates added that research is being done on putting together a tour of the historic homes in the County. Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening; however, no one came forward to speak. PUBLIC HEARINGS Rezoning 405 -06 of Commonwealth Business Park, Lot 2, by Ventures I of Winchester, LLC, submitted by Painter- Lewis, P.L.C., to rezone 12 acres from B3 (Industrial Transition) District to B2 (Business General) District with proffers. The property is located on Commonwealth Court (Rt.1167), north of the Route 11 and Route 37 interchange. This property is also identified with P.I.N. 75 -A -91 B in the Shawnee Magisterial District. Action — Recommended Approval with Proffers Commissioner Manuel said that he would abstain from all discussion and voting on this rezoning due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, said the subject property, Lot 2 in the Commonwealth Business Park, is located within an area the Eastern Frederick County Long -Range Land Use Plan identifies for business and commercial land uses; he said it is within close proximity to the Interstate 81/ • Frederick County Planning Commission Page 1725 Minutes of April 19, 2006 -3- Route 37 interchange and the Route 11/ Route 37 interchange; and primary access will be via Commonwealth Boulevard, which intersects with Route 11. Mr. Ruddy explained that the adjacent parcel to the south, Parcel 75- A-10A, has limited access due to some "limits of access" lines associated with the adjacent highway system. He said that in order to facilitate future access to this property, and to achieve inter - parcel connectivity, it is appropriate for the development of Lot 2 to accommodate public road access to this parcel. He added that the intersection of Commonwealth Court and Route 11 is not presently signalized, so in order to assure an appropriate level of service (LOS) at the intersection, signalization is addressed with this rezoning application. In addressing the transportation and the community facility impacts, Mr. Ruddy said the applicant has provided a proffer statement and a revised Generalized Development Plan (GDP), which includes: • The extension and construction of Commonwealth Court, Route 1167, to the adjacent property to the south, identified with PIN 75- A -10A. • The reservation and ultimate dedication of approximately 1. 11 acres of land, the right -of -way presently identified by VDOT as being needed to facilitate the construction of a new ramp from Interstate 81 southbound to Route 37. • The signalization of the intersection of Route 11 and Commonwealth Court, Route 1167. • The provision of a regional storm water management facility as requested by the County Engineer. • • The donation of a $1,000.00 monetary contribution to offset the impacts to fire control services. Commissioner Moms asked the staff if this development accommodates the County's future goals for the intersection of Commonwealth and Route 11, not only through signalization, but widening of the highway and bicycle lanes. He remarked that it was not uncommon for the Commission to look at "off- site" upgrades, particularly with a project of this magnitude. In addition, Commissioner Morris said there will be a significant amount of increased traffic accessing this site as a result of site development, and he would much prefer to see the signalization take place prior to the first occupancy. Mr. John Lewis with Painter - Lewis, P.L.C., representing Venture I of Winchester, LLC, responded that the proffer states the applicant will pay for the installation of the traffic signal; he pointed out that this was a significant financial contribution to the overall transportation corridor and Route 11. Mr. Lewis stated there will be increased traffic during construction; however, he believed the most significant traffic impact will occur after the new facility opens. He said that in order to get the traffic signal, the rezoning needs to take place, a user needs to be established on the property, and before the user opens their doors, the signal must be in place. Commissioner Unger asked Mr. Lewis if he anticipated any issues or problems with the installation of signs for these future businesses. Mr. Lewis replied the ordinance allows for a sign to be placed on the property; however, anyone in the retail business would want more signage on Route 11 for visibility. Commissioner Thomas asked if a monument -type sign was considered for these users and Mr. Lewis believed a sign was needed on Route 11 in order to provide the visibility needed. • Frederick County Planning Commission Page 1726 Minutes of April 19, 2006 -4- Mr. Lloyd Ingram with VDOT came forward to answer questions from the Commission. • Commissioner Thomas asked Mr. Ingram if the southern parcel had access to Route 11. Mr. Ingram replied that there was limited access up to about 50 -100' of Car Quest, due to an issue resulting from an off -ramp alignment from Route 37 to Route 11, Mr. Ingram said the public road access proposed by the applicant will provide a positive access for the southern parcel. Commissioner Morris asked about the taming radius at Commonwealth and Route 11 and if the future goals for Route 11 were accommodated by this application; Mr. Ingram believed Route 1 1 was fairly well accommodated. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. William (Bill) Broy was interested in placing a monument -style sign to accommodate the signage needs for these future businesses through his conditional use permit, which was tabled by the Planning Commission. No other members of the public wished to speak and the Chairman closed the public comment portion of the meeting. Commissioner Morris asked the staff to describe the difference in the expectation of traffic between a B2 and B3 use. Mr. Ruddy replied that in general terms, greater traffic could be expected with commercial (132), as compared with industrial transition (133). Commissioner Thomas inquired if this project would come back to the Commission for master development plan (MDP) review and whether a traffic impact analysis (TIA) would be available for the Commission's review. Commissioner Thomas said that typically, the Commission would see more detailed • traffic analysis at the rezoning level for a commercial property; he was interested in knowing the LOS on Route 11 with the traffic signal. Mr. Ruddy replied there is an existing MDP for Commonwealth Business Park; therefore, with the approval of the GDP, which shows the road connection, it was anticipated this would undergo an administrative amendment to the MDP. Mr. Ingram added that an intersection analysis would probably be required from the developer, rather than a traffic impact analysis, since all the detailed analysis had already been provided through the Kernstown and Crosspointe developments. Commissioner Morris was greatly concerned about the traffic along this section of Route 11; however, he thought the applicant had done all he could do to mitigate the impacts. He said that if VDOT was satisfied with the turning radius and signalization, he had no reason for objection. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 405 -06 of Commonwealth Business Park, Lot 2, by Ventures I of Winchester, LLC, submitted by Painter - Lewis, P.L.C., to rezone 12 acres from B3 (Industrial Transition) District to B2 (Business General) District with proffers. (Note: Commissioner Manual abstained from voting; Commissioners Light and Ours were absent from the meeting.) • Frederick County Planning Commission Page 1727 Minutes of April 19, 2006 -5- • Rezoning Application 906 -06 of Cedar Meadows, submitted by Greenway Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for 140 single - family homes for an age- restricted community. The properties are located on the west side of White Oak Road (Rt. 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Rt. 642). These properties are further identified with P.I.N. 75-A-106,75-A-107,75-A-1 14, 75 -A -115, 75 -A -116, and 86 -A -153 in the Opequon Magisterial District. Action — Recommended Approval of Waiver and Rezoning With Proffers Deputy Planning Director, Michael T. Ruddy, reported that the rezoning is for a proffered residential development of 140 single - family, age - restricted units; the parcels are located within the Urban Development Area (UDA) and are within an area of the County's Long -Range Land Use Plan designated for residential land uses. Mr. Ruddy stated that the property fronts on White Oak Road, which is identified as an improved major collector road and should be addressed accordingly. He said the Traffic Impact Analysis (TIA) included an evaluation of the intersection of White Oak Road and Tasker Road and concluded that the traffic impacts associated with the Cedar Meadows application were acceptable and manageable. Mr. Ruddy continued, stating that the Cedar Meadows project is requesting a waiver to address Section 144 -24C of the subdivision ordinance. Mr. Ruddy said the result of granting the waiver request would be to facilitate the proffered road layout identified in the GDP, which includes individual lots that are greater than 800 feet from a state - maintained road and provides for a gated community with one individual access to White Oak Road. Mr. Ruddy added that the applicant has proffered the dedication of an additional 20 feet along • the frontage of their property to facilitate the ultimate right -of -way needs associated with an improved major collector road. However, he said the additional pedestrianibicycle accommodations consistent with the adjacent section have not been provided along White Oak Road, nor have any additional frontage improvements been provided. Regarding the community facility impacts, Mr. Ruddy stated that since this is a proffered age - restricted community, the impacts associated with schools are not realized to the extent they would be if this was a traditional community. He explained that after subtracting the projected school impacts from the total impact amount, a balance of approximately $4,101.00 of impact remains that should be distributed to other community facilities. He said the application does not address this balance, but rather proposes a $1,500.00 monetary contribution per residential unit to be utilized for fire and rescue services. Commissioner Kriz asked if there was a bicycle /pedestrian facility currently on the right -hand side of White Oak Road and Mr. Ruddy replied no. Mr. Ruddy said there is nothing in this general location with regards to bicycle and pedestrian facilities; he pointed out the first sidewalk system associated with the Camp and the ten -foot multi -use trail north of this location, along Tasker Road. Commissioner Thomas inquired if there was a mechanism in the protlermodel to tailorthe dollar amounts for age - restricted communities and Mr. Ruddy replied no, he said there was nothing specific within the model. Commission members said they preferred to see the standard line -by -line monetary proffer totaling $4,100.00, rather than just doubling the proffer to fire and rescue. Mr. Evan A. Wyatt with Greenway Engineering said he was representing Ms. Beverley B. Shoemaker, whose company will be both the developer and builder of the Cedar Meadows project. Mr. Wyatt • also noted that they have employed J. Duggan and Associates, PC, landscape architects, to do the landscaping for Frederick County Planning Commission Page 1728 Minutes of April 19, 2006 a • the project. Regarding the landscaping plan, he said that a portion of the plantings will go on each individual lot, with the remainder reapportioned along the main street and park area. Mr. Wyatt next described the proposed project design to the Commission. Mr. Wyatt stated they have entered into a series of legally - recorded executed agreements with the Parks & Recreation Department, on behalf of the County, which are intended to assist the Parks Department with future development of the back portion of Sherando Park. He proceeded to describe some of the noteworthy agreements they made with the Parks and Recreation Department. Mr. Wyatt next addressed the transportation aspects of the development. He said the traffic study shows a Level of Service (LOS) "A" at their entrance and along White Oak Road; however, they are proffering a right -turn and taper lane and will fully fund traffic signalization at Tasker Road and White Oak Road. Regarding the monetary contribution, Mr. Wyatt stated that if the Planning Commission believes the standard line -by -line proffer contribution, totaling $4,100.00, for community facilities is more appropriate than doubling the contribution to fire and rescue, they would agree to make that change. Mr. Wyatt explained they were not in favor of constructing a bicycle path because there were no facilities planned for them to tie the path into; he said there were no plans along White Oak Road on the west side from Tasker Road along the Camp down to their property line to build a bicycle facility. In addition, he said the White Oak Major Collector Road Improvements are not listed on the County's Secondary Road Improvement Plan. Mr. Wyatt pointed out that, none- the -less, they have dedicated a 20 -foot right -of -way along the entire frontage of their property, in addition to the 50 -foot road efficiency buffer, so the right -of -way will be available for future road improvements and bicycle paths, if the community places this as a designated route on their bicycle plan sometime in the future. • Commissioner Thomas had questions for Mr. Wyatt about the pond, concerning the embankment, the flow, and feeder. Commissioners had questions about the roads within the community, specifically, how they were constructed, who would maintain them, and who would own them. Mr. Wyatt responded that the waiver requires the developer to prove roads are constructed, both horizontally and vertically, to specified standards and there is a requirement for third party verification, with the County Engineer and VDOT, that the road design meets those standards. Mr. Wyatt said the roads will be constructed to VDOT standards so that if, at some future time, the County requests that VDOT take over maintenance of the roads, VDOT will have the ability to do so Commissioner Mohn raised the issue of the developer possibly providing some seed money, in addition to what the homeowners would contribute, to initially insure a healthy financial balance for the HOA in case there are any unforeseen problems. Other Commission members agreed this would be a good idea and would put the homeowners in a much better position to meet maintenance expenses for the common amenities. Commissioner Oates was concerned about the safety aspect of having only one exit/entrance to the project. He asked Mr. Wyatt what the emergency back -up plan would be to get fire and rescue vehicles into the development, if the main entrance was blocked. Mr. Oates also thought it would be in the Park's best interest not to have any restrictions on their easement, in case they change their MDP in the future to allow their maintenance access to be a public entrance. Mr. Wyatt replied that the entrance was designed with a recovery area available for a vehicle to turn around; in addition, both the ingress and egress areas are over - sized. Mr. Wyatt said there is an opportunity to do an all - weather surface emergency access at the Sherando Park maintenance access drive, if the Commission desired to see that. • Frederick County Planning Commission Page 1729 Minutes of April 19, 2006 -7- • Chairman Wilmot next called for citizen comments and the following persons came forward to speak: Mr. Paul Brown, a resident of the Shawnee Magisterial District, spoke in opposition to age - restricted communities because of the cost issue. Mr. Brown believed 140 units were not enough to support the long -term financial health of an age - restricted community. He said the homeowners incomes are not going to grow and he didn't see any assurances to guarantee the 140 units and the HOA could sustain the capital asset costs of maintaining the road system and other amenities contained within the design of the project. Mr. Brown also had concerns about the County's vision for age - restricted communities throughout the County; he said when the market falls out of age - restricted communities and this property is rezoned to a traditional housing development, the impact of the additional school children will be significant. In addition, he said that age - restricted communities do use a considerable amount of public services and he was in favor of having the monetary proffer distributed to all of the typical agencies. Mr. Elwood Buracker, an adjoining property owner in the Opequon District, said that somehow his property became boxed in by development. Mr. Buracker said he would like to keep the fence row undisturbed from Mr. Strosnider's property all the way across the back of his and his brother's properties, and then to the Camp, with pine trees planted alongside the old fence row. Mr. Buracker said last Thursday, he came home and a bulldozer was pushing out the fence and the trees on his property, without his prior knowledge. Mr. Buracker said that when all of this started, he thought the developer or someone would get in touch with him and let him know what was going on, but they haven't. Mr. Buracker requested that the developer let the fence remain and supplement it with the pine trees. Mr. Lynwood Buracker, Mr. Elwood Buracker's brother, said that he did not receive any • notification that this was going to take place. Mr. Buracker also requested that the old fence row remain and that pine trees be planted. Since everyone who had wanted to speak had been given the opportunity to do so, Chairman Wilmot closed the public comment portion of the meeting. Mr. Wyatt returned to the podium to address the adjacent property owners' desire to maintain the fence line. Pointing to the property boundaries of the citizens who spoke, Mr. Wyatt said that a residential separation buffer will be established along these property lines which includes a six -foot high fence, along with planted trees, which is required by the ordinance. Addressing the scenario of the age - restricted community becoming defunct, Mr. Wyatt said that before it could become a school -age, children - generating community, a rezoning application would have to be applied for. Mr. Wyatt said they fully support adjusting the monetary contribution for each of the community facility impacts and, because they feel strongly that fire and rescue would be the most impacted, they would stand by their commitment to doubling the amount of money offered for fire and rescue at $1,500; he calculated the sum of the monetary contribution to be $4,881.00 per unit. Mr. Wyatt said that they would also be willing to offer a start-up seed fund of $20,000 for the HOA to enable the HOA to be financially capable of meeting their fiscal responsibilities. In addition, he said they would incorporate the emergency access on the MDP or in the proffer statement, whichever the Commission prefers. He said the emergency access road would come off the maintenance access road they were constructing to the Sherando Park for the Department of Parks and Recreation. Mr. Wyatt was not in favor of widening White Oak Road because their traffic study indicated a LOS "A" at this location and they have designated appropriate right -of -way, for future improvements. • Frederick County Planning Commission Page 1730 Minutes of April 19, 2006 'rM • Commissioner Unger urged Mr. Wyatt to meet with the Burackers and work with them on their fence and landscaping request. Commissioner Unger said he would like to see things worked out with the Burackers and Mr. Wyatt agreed to this. Commissioner Oates suggested to the staff that some further enhancement be done with the impact model for age - restricted communities to assist the Commission in determining what may be appropriate for each applicant to offer in terms of community facilities impacts. Commissioner Thomas also suggested that some research be done on the State's legal requirements for HOAs. Other Commission members agreed. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the waiver submitted for Rezoning Application 906 -06 of Cedar Meadows. The vote was as follows: YES (TO REC. APPROVAL OF WAIVER) Mohn, Kerr, Triplett, Kriz, Thomas, Wilmot, Morris, Manuel, Watt, Unger NO: Oates (Commissioners Light and Ours were absent from the meeting.) • Upon motion made by Commissioner Thomas and seconded by Commissioner Kerr, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 406 -06 of Cedar Meadows with the proffer amendment offered by the applicant totaling $4,881.00 per residential unit and that an emergency access be included in the package that goes forward to the Board of Supervisors YES (TO REC. APPROVAL OF REZONING) Mohn, Kerr, Triplett, Kriz, Thomas, Wilmot, Morris, Manuel, Watt, Unger NO: Oates (Commissioners Light and Ours were absent from the meeting.) Consideration of a request to revise the Round Hill Community Land Use Plan, including the expansion of the Sewer and Water Service Area (SWSA). The Round Hill area includes land generally located north and south of Northwestern Pike (Route 50), west of Route 37, and east of Crinoline Lane in the Gainesboro and Back Creek Districts. Action — Recommended Approval with Amendment • Frederick County Planning Commission Page 1731 Minutes of April 19, 2006 -9- Senior Planner, Susan K. Eddy, said the Planning Commission previously considered this item on February 1, 2006, and she noted that this amendment began as a Board of Supervisors' initiated request. Ms. • Eddy said the Board requested that the Planning Commission study expanding the Sewer and Water Service Area (SWSA) to incorporate land up to and including properties adjacent to Poorhouse Road. Specifically, she said the Commission was told to look at the properties currently bisected by the SWSA line and to look at two churches, the Emmanuel Baptist Church and Rosedale Baptist Church. She noted that staff sought comments from the Frederick County Sanitation Authority about their expansion plans for this area. She said the Engineer / Director of the Sanitation Authority, Mr, Wellington Jones recommended that the expansion of the SWSA to cover the Round Hill area not occur until 2009 at the earliest in order not to impact current capacity issues. At the February 1, 2006 meeting, the Planning Commission agreed with the Comprehensive Plans & Programs Subcommittee's (CPPS) recommendation to only include a small area, down to VDOT, into the SWSA based on capacity issues. Ms. Eddy continued, stating that the Board of Supervisors considered this item at their meeting on February 22, 2006 and expressed concern that their initial request to study water and sewer for the churches was not adequately addressed. She said the Board members agreed to hold a public hearing on the expansion of the SWSA to include the south side of Route 50, including the Emmanuel Baptist Church property, but not those properties on the North side of Route 50, and to also include the northernmost property line of Emmanuel Baptist Church to Poorhouse Road, then south on Poorhouse Road to old Route 50 East, to the existing SWSA line, totaling 171.3 acres. Ms. Eddy said that after further discussion involving design guidelines, the Board amended their motion to include the requirement to extend existing corridor design standards to correspond with the new SWSA line. Ms. Eddy added that expansion of the SWSA is a policy decision and is not a commitment by the County to actually extend the water and sewer lines. She further added that expansion of the SWSA allows for the future extension of water and sewer connections to those lines for non - residential uses and for existing residences in the SWSA; it does not allow access to water and sewer for new residences - -that would require extension of the Urban Development Area (UDA). • Commissioner Unger asked the staff if it was unusual to run sewer and water lines to an area not within the UDA. Ms. Eddy replied that the largest SWSA area outside of the UDA is along Route 11 and Route 81 North. She said the Northeast Land Use Plan (NELUP) has a significant amount of land that is not in the UDA, but is in the SWSA. Commissioner Kriz interjected that this is mostly commercial -zoned properties. Commissioner Unger wanted to know who would pay to run the lines, if this was approved. Ms. Eddy replied that the County is not committing to paying for naming the lines, they are simply opening the "window of opportunity." Chairman Wilmot called for public comments and the following persons came forward to speak Mr. Gregory Bishop, a resident of the Back Creek District, believed approval of this would create a magnet for development and both the development and the capacity would probably come together in three years; he said the Commission could control the development through the rezoning process. Mr. Bishop remarked that the reason to put this in the SWSA is not only for the churches, but the Round Hill Community Center as well; he said the Ruritan Club has been having problems with their sewer and the fire hall is outside the edge of the SWSA also. He said the Round Hill community consists of small -lot housing and the drainfields and wells are too close together. He believed there were a lot of problems that could be rectified by placing these properties within the SWSA. Mr. Bishop added that the County would not have to pay for lines; he said the commercial development would pay for it, if the window of opportunity was opened. Mr. Don Jessup, a member and deacon of Rosedale Baptist Church, said he was asked by the pastor of Rosedale Baptist Church to represent the church in this matter. Mr. Jessup asked the Commission to seriously consider the approval of this request because the sewer and water service was so desperately needed by • Frederick County Planning Commission Page 1732 Minutes of April 19, 2006 -10- the church for the community- support activities they operate, such as a day care center, and for their expanding congregation. Mr. Jessup inquired about the possibility of state or federal funding assistance. . Ms. Stacey Marean, a resident of the Gainesboro District and Mr. Gregory Bishop's daughter, also spoke in favor of expanding the SWSA. Ms. Marean asked about the specifics of an email that was sent by Mr. H. Wellington Jones, the Sanitation Authority's Engineer/ Director to a Mr. Don Stephens regarding the possibility of extra capacity. Rev. Steven Robert, the pastor of Emmanuel Baptist Church, came forward to talk about the needs of his church. Rev. Robert said the Emmanuel Baptist Church has been in Frederick County for the past 40 years and for at least the last 15 years, they have been hearing that sewer and water would be extended to them. He said his church is at membership and building capacity and they do not have any place to expand according to the Health Department. Rev. Robert talked about the various services his church performs for the community. He said in the immediate vicinity, the hotel has a desperate need for public water and sewer, along with Cathers Market, and two adjacent residences. He said the church has limited financial ability to run the lines; however, he believed that if this area was placed within the SWSA, businesses would come in and help pave the way for this to occur. Mr. Gary Triggs, a resident on Poorhouse Road and member of the Emmanuel Baptist Church, said he has participated in various construction projects for the church. Mr. Triggs said it has taken five years to get to the point they are now trying to get water and sewer to their church; he said the Emmanuel Baptist Church has a desperate need now. He said they are preparing a site plan for the construction of multiple buildings on their ten acres of land; however, they cannot construct anything without water and sewer. He spoke about the affect of the quarry on the Round Hill area and all the commercial and residential development occurring around the Round Hill community that was using up the capacity of the treatment plants. He said it was beyond the church's financial ability to drill a 600 -foot well • Mr. Sam Herr, owner of a neighborhood store, said he would really like to have publicwater and sewer to serve his store. He added that the owners of the hotel and the churches are also in favor of this. Since everyone who wanted to speak had been given an opportunity to do so, Chairman Wilmot closed the public comment portion of the meeting. Many issues and views were raised during the Planning Commission's discussion. Commissioner Kriz raised the issue of the unresolved Nutrient Reduction Regulations promulgated by Virginia's Bay Program and he believed the SWSA line should not be moved until these standards have been established. Commissioner Thomas remarked that this issue has been on the table for a very long time; he said if the rural community centers are to become workable, viable communities, then the SWSA needs to be extended. He believed it was time to provide the opportunity for putting plans in motion. Commissioner Thomas recommended, however, that properties on the north side of Route 50 be included as well. Commissioner Mohn also recognized the amount of time this issue has been on the table and he urged the expansion of the SWSA into this community center. Commissioner Mohn stated that expanding the SWSA line will not physically hook anyone up and will not result in any immediate impacts. He said this policy decision simply affirms the County's commitment to address this issue once resources become available. • Frederick County Planning Commission Page 1733 Minutes of April 19, 2006 Commissioner Triplett was in favor of including the Methodist Church within the expansion • area. Commissioner Unger voiced his support for expansion of the SWSA to serve the existing churches and residences. Commissioner Morris was in favor of accommodating the two churches, but cautioned that the County will need to quickly follow the expansion with a revised land use plan, so everyone is aware how this area is to be defined. Commissioner Morris was concerned by how the proposed SWSA line was drawn, particularly because it only included half of Round Hill, it excluded the fire company and properties on the north side of Route 50, and it excluded landowners who had expressed an interest in being included. He questioned whether there was some way to accommodate only the two churches, if they acquired financial assistance. In addition, Commissioner Moms raised the issue of "reserved capacity" and he cautioned that if the SWSA line keeps being extended in this fashion, there will not be capacity for the development already known to be coming. Commissioner Mohn said he was fine with the proposal because there was an established community land use plan and the proposed SWSA line did not deviate outside of the community center boundaries. He believed the proposal was well within the long -range land use plan envisioned for this corridor and the timing of development will be driven by the market and development opportunities. Chairman Wilmot reminded the Commission that development criteria and design principles for the Route 50 corridor will also need to be considered with this. It was Commissioner Oates' opinion that the SWSA expansion needed to stay close to Route 50 • and he was concerned why the businesses on the north side of Route 50 were not included. Commissioner Oates said he was not in favor of moving the SWSA line too far south; however, if it did go that far south, then it should include the fire department. He suggested sending the proposal back to the CPPS to determine which properties need to be included in the expansion and to have the Sanitation Authority determine where the trunk line needs to be. Regarding the design principles, Commissioner Oates suggested changing the word, "encourage" to "require" under Figure 13B. Commissioner Thomas pointed out that without extending the SWSA line to include other participants to help pay for the line, the churches are being given nothing but false hope. He added that everyone is aware of the long - standing problems in Round Hill with septic systems polluting groundwater and water wells becoming polluted and this was a way to do something about these problems. He commented that Round Hill was not a new community. He remarked that simply drawing a SWSA extension line does nothing except allow the people within that area, if they can get a group together to fund it, to pay to have lines extended. He said that no one is being given development rights; they are being given the opportunity to join together and improve their quality of life. Commissioner Thomas next made a motion to recommend approval of the proposed Round Hill SWSA expansion ASth the addition of the fire station on the south side of Route 50 and the commercial properties next to the Emmanuel Baptist Church. This motion was seconded by Commissioner Mohn. BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the proposed revision to the Round Hill Community Land Use Plan, with the expansion of the Sewer and Water Service Area (SWSA) as shown, with the addition of the fire station on the south side of Route 50 and the commercial properties next to the Emmanuel Baptist Church. • Frederick County Planning Commission Page 1734 Minutes of April 19, 2006 -12- The vote was as follows: • YES (TO APPROVE) Unger, Manuel, Oates, Thomas, Triplett, Kerr, Mohn NO: Morris, Wilmot, Kriz (Note: Commissioner Watt was absent for this item; Commissioners Light and Ours were absent from the meeting.) PUBLIC MEETING Master Development Plan 402 -06 for LLE, LLC Route 11 Property, submitted by Potesta and Associates, Inc., for commercial uses. The properties are located on Valley Pike (Rt. 11), near the intersection of Apple Valley Road. The properties are further identified with P.I.N.s 63 -A -89, 63- A -89A, and 63 -A -92 in the Back Creek District. Action – Recommended Approval Commissioner Manual said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Planner Candice E. Perkins reported that the master development plan (MDP) for the LLE, LLC Route 11 Property is a proposal to develop approximately 3.7 acres of B2 (Business General) and B3 (Industrial Transition) property with retail and gasoline service station land uses. She reported that the site will be served via a full commercial entrance at the northern portion of the property and a right -in, right- out -only a little further south, both on Valley Pike (Rt. 11), which is a major collector road. Ms. Perkins stated that with this MDP, the applicant is requesting a waiver to allow for modifications in the screening requirements in the area where the B3 zoning adjoins the B2 Zoning. She explained that the applicant is not requesting that the distance or content of the buffer be waived, but simply to shift the buffer from between the B2 and B3 -zoned properties which are located near the full commercial entrance and place it at the northern property line. Ms. Perkins added that two actions are required by the Planning Commission for this application —one for the MDP and another for the waiver request. Commissioner Thomas believed the proposed use would have a significant impact on the Route I 1 traffic and he noticed that VDOT had requested a traffic impact analysis (TIA) prior to the entrances being developed. Commissioner Thomas inquired if the TIA would be available to the Commission for review because he was interested in the degradation of service on Route 11. Mr. K. Joe Knechtel, P.E., with Potesta & Associates, Inc., the design company representing the applicant, stated that the trip generation figures have been submitted to VDOT and the analysis is currently in its second review; he said entrances have been designed with the proper radius required by VDOT. He added that the average daily trips per day were calculated to be 3,000 for the total site. Commissioner Unger asked the applicant about the possibility of lining up the entrance with the traffic signal at Apple Valley. Mr. Knechtel replied they looked into that and, unfortunately, it was not an option • with the adjacent land owner. Frederick County Planning Commission Page 1735 Minutes of April 19, 2006 -13- • Commissioner Morris did not support the entrance with the left -hand turn lane (Entrance A); he thought it would be extremely difficult to exit this site with a left -hand turn onto Valley Avenue without a traffic signal. Mr. Knechtel recognized the difficulty in making a left out; however, he said a full entrance for this site was determined to be necessary. Mr. Knechtel pointed out that a right -turn lane is proposed along the full frontage of this site. Mr. Lloyd Ingram with V DOT stated that the actual number of trips out would not meet the left- turn warrants for a traffic signal at the primary entrance. Mr. Ingram stated that evaluation of the potential amount of traffic projected to be generated by this facility determined that a LOS "C" will still remain at the Apple Valley intersection. Commissioner Morris asked if the County was in concert with the City of Winchester on the bike paths projected for these areas. Planning Director, Eric R. Lawrence, replied that this plan is consistent with what is being done within the County, particularly with the Kernstown Commons MDP. He said this project and the Kernstown Commons project are the two major developments that are occurring along this corridor. Mr. Lawrence added that one of the Metropolitan Planning Organization's (MPO) top priorities is to conduct a Driveway Entrance and Access Management Study from the City of Winchester to the Town of Stephens City along Route 11; he said this will address the bike paths and access through this area. Chairman Wilmot next called for public comments and the following person came forward to speak: Mr. David Ervin, President of Ervin Development and a co -owner of the property, stated that the architectural style of the proposed buildings will be in general conformance with the recently- enacted City • guidelines; he said the buildings will look similar to those constructed at the Opequon Center, with masonry, dimensional shingles, and standing seam metal roves, to blend with the City's overlay. No other members of the public wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioners commented that this was a good location for this type of project; however, the left -hand exit remained a concern to some members of the Commission. Upon motion by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby'unanimously recommend approval of the request by the LLE, LLC Route 11 Property for a waiver of Section 165- 37D(7) of the Frederick County Zoning Ordinance to allow specific modifications in screening requirements where the B3 zoning adjoins the B2 Zoning on this property. (Note: Commissioner Manual abstained; Commissioner Watt was absent for this item; Commissioners Light and Ours were absent from the meeting.) • Frederick County Planning Commission Page 1736 Minutes of April 19, 2006 -14- • Upon motion by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02 -06 for the LLE, LLC Route 11 Property, submitted by Potesta and Associates, Inc., for commercial uses on Valley Pike (Rt. 11). (Note: Commissioner Manual abstained; Commissioner Watt was absent for this item; Commissioners Light and Ours were absent from the meeting.) DISCUSSION ITEMS Discussion of an amendment to the Frederick County Zoning Ordinance, Article VI, the RP (Residential Performance) District, Section 165 -64A, Recreational Facilities, for a waiver provision for community centers in single - family, small -lot subdivisions. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS) discussed a proposed change to Section 165 -64A of the zoning ordinance to allow the possibility of a waiver by the Board of Supervisors of the community center requirement for subdivisions having less than 50 lots, provided an equivalent of three age- appropriate recreational units for each 30 dwelling units can be demonstrated. Mr. Cheran reported that the DRRS was in favor of this proposed change • following their discussion on February 23, 2006. Mr. Cheran stated that this section of the ordinance was recently changed following the Westbury Commons Master Development Plan (MDP) to allow a community center waiver in proffered age - restricted projects; he said the belief was that the homeowners associations in this type of development may have difficulty keeping up with the maintenance of these facilities. Mr. Cheran said this revised change would include all single - family, small lot subdivisions, however, approval would still require equivalent recreational units to be provided. Mr. Evan A. Wyatt of Greenway Engineering had originally initiated this request for the Westbury Commons MDP and he came forward to address the Commission on this matter. Mr. Wyatt explained that this amendment will only provide the potential for a waiver to be granted for single - family, small -lot housing. He said that at some point after the Planning Commission's approval of the text amendment, the age- restricted language came into this and limited the waiver potential to only age - restricted communities. Mr. Wyatt said that his concern was that for single - family, small -lot developments, whether they are in a traditional single - family community or an age- restricted one, the issue still remains regarding how many units can sustain a community center. He said this revised amendment will address that issue. Mr. Wyatt added an additional observation in that the current text amendment had left out the tern, "pro- rated," for the equivalent recreational value; he said he would prefer that particular language remain within the text, to state, "... The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, pro-rated, is being provided within the project..." He reasoned that without the term, "pro- rated," the recreational equivalents could technically be the same for a five -unit development as a 30 -lot subdivision, if the waiver was granted. Commissioner Thomas stated that this amendment clearly reflects the intent of the DRRS and • the Commission and is merely cleaning up the ordinance. Frederick County Planning Commission Page 1737 Minutes of April 19, 2006 -15- • Commissioner Oates questioned if any amendments should be considered at this time, since the County was in the middle of the Urban Development Area (UDA) Study. Other Commission members explained that the dollar amount value intended for the community center would go elsewhere within the development or into other recreational facilities; it was further noted that the purpose was to eliminate something that the homeowners might not be able to financially maintain. Planning Director Eric R. Lawrence provided some background information on the addition of the single - family, small -lot option within the zoning ordinance, which was adopted in 1999. Mr. Lawrence believed the initial intent of the single - family small -lot was to provide a housing type for a unique population, such as older persons. Examples provided were the Shenandoah project, the Cross Creek project, and the Woodbrook Village project. He said that if opportunities are created to "water down" the additional requirements that come with single - family small lots, then a more urbanized type of lot size is created, such as what is being discussed with the Urban Village Concept by the Urban Development Area Study Group. He recalled that the example utilized for the proposed community centers waiver was the Westbury Commons project, which has since been rezoned and is a proffered, age- restricted project; he noted that there is a history of age - restricted uses for single- family small lots. Regarding the inclusion of the term, "pro- rata," Commissioner Thomas did not believe the language could be misinterpreted the way it was written and he didn't have a problem leaving the term out. Commissioner Thomas did not think the single - family small -lot category should be restricted solely to age - restricted communities; he said a targeted population could be singles, aged 25 -35. He believed the primary issue came down to how much of a burden was being created on the homeowners association and he questioned the benefit of having all the community centers in 20, 30, and 40 -house developments. He added that as long as the equivalent recreational units are being provided, the units are going to be more beneficial to the population and to • the County. Since this was a discussion item, no action was needed or taken by the Commission at this time. AMENDMENT OF PLANNING COMMISSION BYLAWS Planning Director Eric R. Lawrence reported that the Ad -Hoc Bylaws Review Committee recommended that the Commission change the process by which the Planning Commission's bylaws are amended. He said that currently, the bylaws restrict amendments to only once a year, in November. He said the amendment would change that restriction to allow amendments at any time during the calendar year with a majority vote of the entire voting membership after 30 days prior notice. In addition, Mr. Lawrence said the proposed amendment includes a requirement that the bylaws be adopted by the Commission at the first meeting of each calendar year. Mr. Lawrence said this proposed amendment was presented to the Commission on March 15 to meet the 30 -day announcement notice and tonight it is being presented to the Planning Commission for consideration and adoption. Upon motion made by Commissioner Kriz and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously adopt the amendment to Article IX— Proposed Amendments, Sections 9 -1, 9 -2, and 9 -3, of the bylaws of the Planning Commission to allow for amendments to the bylaws at any time during the calendar year after 30 days prior Frederick County Planning Commission Page 1738 Minutes of April 19, 2006 -16- • notice, to conduct an annual review of the bylaws in November of each calendar year, and to adopt the bylaws at the first meeting of each calendar year. URBAN DEVELOPMENT AREA (UDA) STUDY UPDATE Deputy Planning Director, Michael T. Ruddy, presented a flyer that will be circulated throughout the community which highlights the next critical step in the Urban Development Area (UDA) Study process. He said that step is the public meetings and getting the public involved in the process. Mr. Ruddy said the first two public meetings are scheduled for Tuesday, May 9, at Greenwood Fire Hall, which will capture the Senseny Road corridor, and May 11, at Aylor Middle School, to capture the southern part of the County. He said these two meetings are the first in a series of four that will be followed up approximately one month later, building upon the work already accomplished by the UDA Study Group and the issues, concerns, and ideas that are received during the first two public meetings. Commissioner Kriz, the chairman of the UDA Study Group, said that during the study process, the work group has involved representatives of the school board and school administration, and the Parks and Recreation Department and they have made a commitment to attend both of the public meetings to answer questions. • ADJOURNMENT Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Commission adjourned at 10:15 p.m. by a unanimous vote. Respectfully submitted, IN k� M. Wilmot, Chairman Secretary • Frederick County Planning Commission Page 1739 Minutes of April 19, 2006