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PC_08-16-06_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 August 16, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; John H. Light, Stonewall District; Greg L, Unger, Back Creek District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member - At- Large; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Gary R. Oates, Stonewall District; Cordell Watt, Back Creek District; and David Shore, City of Winchester Liaison; STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; John Bishop, Transportation Planner; Mark R. Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner II; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. AMENDMENT OF AGENDA Chairman Wilmot announced a revision to this evening's agenda; she said that Item #6, Rezoning 409 -06 of Tasker Woods, has been postponed by the applicant because of a technical difficulty which resulted in the advertisement being wrong. Chairman Wilmot said this will be rescheduled to Wednesday, September 6, 2006. She gave the opportunity for anyone who wished to speak regarding this application to do so under Citizen Comments, if they preferred not to wait until the September 6 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of July 19, 2006 were unanimously approved as presented. Frederick County Planning Commission Page 1823 Minutes of August 16, 2006 -2- COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 08/14/06 Mtg. Commissioner Light reported that the CPPS discussed the guidelines and outlines for the UDA (Urban Development Area) Study Program. He said a joint work session between the Planning Commission and the Board of Supervisors is scheduled for August 29, 2006 at 12:00. Historic Resources Advisory Board (HRAB) — 08/15/06 Mtg. Commissioner Kriz reported that the HRAB heard a presentation from Painter -Lewis on the Clearview project, which proposes to rezone RA property to RP District with age - restricted housing. He said the HRAB saw no conflict in the rezoning proposal with respect to historical resources and recommended approval, Commissioner Kriz reported that Bowman Consulting presented Jordan Springs, which proposes to rezone RA/B2 to RP /B2 split zoning. He said there will be about 600 homes within the RP and the B2 will contain office space. The majority of the 277 -acre property will be RP Zoning with B2 accounting for about three acres. He reported that the 10.33 -acre parcel with the historical structure will be undisturbed and the current property owner will retain ownership. He said the HRAB recommended approval with the condition the applicant • conduct a Phase 1 Archeological Survey and a Phase 2 and 3, if needed. Commissioner Kriz also reported that PHR &A addressed modifications requested by the HRAB to the Carriage Park rezoning proposal presented to the HRAB in June. The applicant had addressed all of the modifications requested and the HRAB recommended approval. Sanitation Authority (SA) — 08/15/06 Mtg. Commissioner Unger reported that rainfall for the month of July was about one -third of normal at about one inch. He said all plants are operating normally; water usage was up about 5.3 million gpd and was about 500,000 gallons more than last year at this time. Commissioner Unger reported that the quarries in Stephens City are satisfactory; however, one in Clearbook was somewhat down. Commissioner Unger said the Sanitation Authority is getting ready to move to their new office on Tasker Road and has awarded a contract to Lantz Construction. The cost will be about 1.2 million dollars. CITIZEN COMMENTS • Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. Frederick County Planning Commission Page 1824 Minutes of August 16, 2006 -3- L PUBLIC HEARING Rezoning #07 -06 of Senseny Road Rentals, LLC, submitted by Painter- Lewis, PLC, to rezone two acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four single - family homes. This property is located on Senseny Road (Rt. 657), approximately 350 feet west of Ashley Drive. The property is further identified with P.I.N. 65 -A -46 in the Red Bud Magisterial District. Action — Recommended Approval with Proffers Deputy Planning Director Michael T. Ruddy reported that this rezoning application is being brought back to the Planning Commission in order to ensure that a correctly- advertised public hearing is held, both at the Planning Commission and the Board of Supervisors. Mr. Ruddy explained that when this rezoning application was brought previously to the Planning Commission and the Board of Supervisors, it was advertised as being within the Shawnee District, when it is actually within the Red Bud Magisterial District. He said when the Planning Commission previously reviewed this application, no issues were identified and a recommendation for approval was sent to the Board of Supervisors. Mr. Ruddy said the Board of Supervisors reviewed the application on July 26, 2006 and did not have any outstanding issues; however, upon becoming aware of the error in the magisterial district, believed it would be appropriate to re- advertise a new public hearing. Mr. Ruddy pointed out that the application and proffers are the same as when the Planning Commission reviewed it previously. • Commissioner Thomas said it has been a couple years since the parcel to the west (Solid Woods) was rezoned. Commissioner Thomas recalled discussions at that time where there was no intent to ever rezone the surrounding properties. Mr. Ruddy said the parcels are within the UDA (Urban Development Area) and designated for residential use. Mr. Ruddy said that in conjunction with this rezoning, staff is trying to anticipate potential future rezoning of adjacent properties to the east. He said the GDP (Generalized Development Plan) will provide the road access for those properties to the east. Mr. Ruddy believed the anticipation at this time was to enable additional development for the general area with the recognition that Route 37 is located in the same vicinity. Commissioner Thomas recalled that the Commission did not want to see six entrances onto the road, each serving four or five houses, creating a traffic problem. He said the result was a cul -de -sac on the side road for the first properties to the west. He didn't think it was appropriate to have five cul-de -sacs emptying onto the main road. Mr. Carl Hales, one of the owners of Senseny Road Rentals, LLC, said he did not recall the discussion when Solid Woods was rezoned; however, he was not aware of a commitment not to pursue additional development. Mr. Hales said they purchased this property with development in mind; he said they owned the property since approximately 1996 -1998. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas was concerned about the transportation in this area and the possibility of having six separate roads with cul -de -sacs emptying out there. He believed the property should certainly be developed, but it should be a consolidated effort. He said the time was not right to rezone this property and all of the properties should be done at the same time. Frederick County Planning Commission Page 1825 Minutes of August 16, 2006 -4- • Commissioner Unger commented that with all the different property owners down through there, he did not see how Commissioner Thomas' suggestion would be possible; he thought the worst case scenario would be three cul -de -sacs. Commissioner Unger did not see how it could be accomplished any other way. Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 907 -06 of Senseny Road Rentals, LLC, submitted by Painter - Lewis, PLC, to rezone two acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for four single - family homes. The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Manuel, Morris, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Light, Thomas, Ou (Note: Commissioners Oates and Watt were absent from the meeting.) Update of the 2007 -2008 Frederick County Secondary, Primary, and Interstate Road Improvements Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish priorities for • improvements to the secondary, primary, and interstate road networks within Frederick County. Action — Recommended Approval Transportation Planner, John Bishop said there were very few changes to the priority list ofboth the Interstate and Primary roads. He said the main change of note in the Interstate is Item D, Spot Improvements on I -81, which is generalized to the whole corridor to allow some flexibility when VDOT is able to come up with safety funds for projects, such as the Exit 313 improvements, or ramp improvements, etc. He said these are minor improvements which will more easily facilitate VDOT's process to begin the projects. Moving to the Primary Road Improvement Plan, Mr. Bishop reported that the priorities are much the same as they were in last year's plan. He noted Item D under 41, the Route 37 Bypass, which is the Route 37- Jubal Early Drive Interchange; he said this is an ongoing process with the interchange justification study supported by the County, and this is simply an additional documentation in support of the access break. He pointed out Item 43, which includes the widening of Route 11 from the southern limits of the City of Winchester, noting it has been extended further south and is now south of Exit 310, through the Kemstown area. He said Item C, Establishing an Urban Four -Lane System, has been added to improve the roadway from the intersection of Route 761 (Old Charlestown Road) to the West Virginia line. Regarding the Secondary Road Improvement Plan, Mr. Bishop said the major road improvement projects are numbered one through four; he said Greenwood Road and Sulphur Springs Road remain from last year's plan, with Inverlee Way and East Tevis Street added. Mr. Bishop anticipated that improvements to Senseny Road would also be added, but was not currently on the list due to some application delays. Mr. Bishop next reviewed the hard - surfacing of rural roadways in the County. He said only one road has been brought • forward from the previous list, Ebenezer Church Road. He noted that sufficient funds were available to add three additional projects, which included Chestnut Grove Road, Indian Hollow Road, and Ridings Mill Road. The last project on the list was Woodside Road, which was a proffer project and may be eligible for a rural rustic -type Frederick County Planning Commission Page 1826 Minutes of August 16, 2006 -5- • treatment. Mr. Bishop reported there were 21 projects on the unscheduled hard- surface list, with the top project being Pack Horse Road. Mr. Bishop next reviewed the incidental construction list and he explained these are smaller projects, such as railroad crossings, resurfacing, etc. Mr. Bishop noted that the first five roads on the Incidental Construction list are projects with matching funds. Mr. Bishop next entertained questions from the Commission. No questions or areas of concern were raised by the Commission. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner Ours and seconded by Commissioner Kerr, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the 2007 -2008 Frederick County Secondary, Primary, and Interstate Road Improvements Plans. (Note: Commissioners Oates and Watt were absent from the meeting.) PUBLIC MEETING Proposed Modification to the Boundaries of the Urban Development Area (UDA) and the Sewer and . Water Service Area (SWSA) and Associated Policy Text. Deputy Planning Director, Michael T. Ruddy, reported that the Board of Supervisors has provided direction to move forward with the public hearing process for the UDA (Urban Development Area) and SWSA (Sewer and Water Service Area) Boundary modification exercise and Land Use Policy text amendments. Mr. Ruddy said the Planning Commission held a public hearing on June 21, 2006 and based upon the input and discussion, tabled the item. Subsequently, at the July 5, 2006 meeting, the Commission determined it would be appropriate to bring back the item so a recommendation could be forwarded to the Board of Supervisors. Mr. Ruddy stated that even though the Planning Commission has held the public hearing, it was agreed public comments would be received at this evening's meeting; he noted that additional notification to the public was made at the request of the Planning Commission. Mr. Ruddy pointed out that since the Planning Commission's previous evaluation of the various areas, two events have occurred. The first, the Planning Commission and the Board of Supervisors evaluated the CPPA (Comprehensive Policy Plan Amendments) submitted this year. The second event was the Board of Supervisors approved the rezoning application for the Russell - Glendobbin property, which is located within the first modification area, Area # 1. Mr. Ruddy explained that amendments have been made to the UDA and SWSA modifications to reflect and respect the action of the Board of Supervisors for this area. Mr. Ruddy proceeded to review each of the eight specific areas of SWSA and UDA boundary modifications. It was noted that three of the proposed areas had current activities relating to potential rezoning: Area 42 has an application in review by the HRAB and is in the Planning Department for initial comments; Area #4 has a pending CPPA application; and Area #5 has a property owner who has been circulating a rezoning application for initial comments. This applicant is currently within the UDA, however, he would be outside the UDA, if the boundary changed. Frederick County Planning Commission Page 1827 Minutes of August 16, 2006 • Chairman Wilmot next called for any citizen who wished to speak on the proposed modifications, starting with Area 41 and proceeding to Area #8. The following persons came forward to speak: Area #1 North of Route 37 including the area known as Apple Pie Ridge, Spring Valley, and the Stonewall Industrial Park. Boundaries to reflect existing land use designations. Extension of SWSA to include existing public facilities connected to water and sewer. UDA and SWSA boundaries respect the approval of the Russell - Glendobbin Rezoning 917 -05. There were no public comments on this area. Area #2 Northeastern section of UDA, including part of the land that is adjacent to the Stephenson Village project. Consistent boundaries that follow property lines and respect land use designations. Retention of SWSA to include B2 portion of Monastery property. Mr. Erik W. Fox with Lawson and Silek, P.L.C. said that one of his clients is currently seeking a rezoning and a CPPA for property within Area 42; another client is an applicant within Area #4. Mr. Fox said the applicants are requesting the Commission allow those applications to go forward and run their course through this process Mr. Fox said these applicants believe that having the UDA and SWSA modifications done at the same time they are having their applications reviewed does not weigh in their favor. In addition, he said there was significant discussion at the June 21, 2006 meeting about the prejudicial affects these modifications would have • on pending CPPA or pending rezoning applications. He stated there was also discussion about sacrificing the integrity of those processes by making these modifications. (Note: The Commission received a letter regarding the preserve at Jordan Springs, located in Area 42.) Area #3 Eastern section of UDA including a proffered State conservation area and part of land adjacent to and north of Route 7; Route 7 consistent northern boundary. There were no public comments on this area. Area #4 Southeast section south of Senseny Road, east of Greenwood Road, and north of Sulphur Springs Road. Boundary consistency. Property lines. There were no public comments on this area. (Note: The Commission received a letter regarding a CPPA amendment for the Grove property, located in Area #4.) • Frederick County Planning Commission Page 1828 Minutes of August 16, 2006 -7- • Area #5 East of Route 522, South of Route 50, and north of Justes Drive. Winchester Regional Airport, Careers Valley Area. Also includes area north of Route 50 and South of Sulphur Springs Road. Reduction in UDA consistent with land use designations. Extension of SWSA to include existing public facilities connected to water and sewer. Mr. Stephen Petler with Harrison & Johnston came forward to speak on behalf of his client, Turner Enterprises, LLC, who is currently circulating a rezoning application. Mr. Petler explained that R.J. Turner, the manager of Turner Enterprises, LLC, is the owner of an 85 -acre parcel, of which approximately 50 acres are located within Area 45. Mr. Petler said the pending rezoning application is proposing a new urbanist plan for a neighborhood mixed -use community center, which will complement existing surrounding uses. Mr. Petler pointed out that currently, there is no land use designation for the 85 acres owned by Turner Enterprises, LLC and the pending application will provide the opportunity for the County, the Staff, and the Planning Commission to participate in deciding the land use designation for this area, in conjunction with the UDA Study. He said it was for that reason, they believe it would be inappropriate at this time to make an amendment to the UDA boundary, which would affect the property which is in an active development process. Mr. Petler requested this area be tabled until that process has been finalized and information could be exchanged between the applicant and the County to determine the best land uses for this area. Mr. Evan Wyatt came forward and said he observed a slight anomaly in Area #5. Mr. Wyatt pointed out a road off of Route 522, Justes Drive, going back to the existing middle school and the elementary school. He said there were utilities coming up these two roads for the elementary school, but yet there seems to be a piece of property sandwiched in between what can be served and what can be served with utilities in -place. Mr. Wyatt thought this particular property should be included in the SWSA as well. • Mr. J. R. Shockley stated there were two beautiful schools in this area with no development around them. He commented there was considerable undeveloped area here and the potential existed for a neighborhood center. He noted that of the four new neighborhood centers planned, this is the only area outside of the UDA line. Mr. Shockley suggested that the line not be moved just to include the school, but it should be moved just once and include the entire surrounding area for a neighborhood center, possibly from the school all the way over to Parkins Mill Road. Area #6 Stephens City area. Removing County policy lines from within the Town of Stephens City. Joint Land Use Plan provides guidance for the Town's future annexation and provision of sewer and water. Interstate 81 consistent western boundary of UDA/SWSA. Mr. Bryan Carter, a property owner within the Town of Stephens City Town Limits, asked for further clarification on how these modifications would affect him and his property. Mr. Ruddy explained that property contained within the Town of Stephens City is governed by the policies of Stephens City, including the water and sewer and land uses. Mr. Ruddy added that the Town's policies will prevail on all property within the town boundaries; therefore, the SWSA/ UDA boundary modifications would not affect properties within the limits of the Town of Stephens City. Area #7 Kernstown Area. Route 11 South and Shady Elm Drive. Land use designation conformance. Interstate • 81 consistent western boundary to the UDA. Policy language recognition of Echo Village residential area to be noted within the plan. Frederick County Planning Commission Page 1829 Minutes of August 16, 2006 ME • Mr. Evan Wyatt came forward to speak on behalf of the Blackburn family, the owners of the property on both sides of Route 37 within Area #7. Mr. Wyatt said a portion of the Blackburn family's property is presently within the UDA and half of their property is in the SWSA. Mr. Wyatt stated that last year, a CPPA was submitted to the County on behalf of the Blackbums to create a UDA expansion. He said the property is approximately 250 acres in size and lends itself to an R4 -type development; across the street from this is a residential area, which includes Jackson Woods, Brookneil, and Stonebrook. Mr. Wyatt suggested that instead of having an industrial land plan against those residential properties, an R4 could provide an opportunity for transition from residential use into a commercial/ industrial use. Mr. Wyatt added that their previous CPPA application offered the potential for assisting the school board with a public school bus facility and the applicant is still willing to pursue this idea. Mr. Wyatt requested that the UDA not be removed from the Blackburn property. Area #8 Route 50 West at the Route 37 interchange. Land use designation conformance. There were no public conunents on this area. Since everyone who had wanted to speak had been given the opportunity, Chairman Wilmot closed the public comment portion of the meeting. Chairman Wilmot next opened discussion among the Planning Commissioners. The Commission had a discussion with their legal counsel, Mr. Lawrence R Ambrogi, about the appropriateness of voting on some of the areas because of the pending rezoning and CPPA application for some • of the properties. Mr. Ambrogi talked with the Commission about vested interest versus speculation. The Chairman next entertained motions for each of the proposed areas. AREA 41 — PLANNING COMMISSION RECOMMENDS APPROVAL OF MODIFICATIONS Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed modifications to the boundaries of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) for Area 41 : North of Route 37 including the area known as Apple Pie Ridge, Spring Valley, and the Stonewall Industrial Park. Boundaries to reflect existing land use designations. Extension of SWSA to include existing public facilities connected to water and sewer. UDA and SWSA boundaries respect the approval of the Russell - Glendobbin Rezoning 417-05. The boundary modification will result in: UDA 2,619 acres reduction SWSA 583 acres reduction 136 acres addition 447 acre net reduction • (Note: Commissioners Watt and Oates were absent from the meeting.) Frederick County Planning Commission Page 1830 Minutes of August 16, 2006 WE �J AREA #2 — PLANNING COMMISSION RECOMMENDS NO MODIFICATIONS • A motion was made by Commissioner Light and seconded by Commissioner Morris to recommend approval of the modifications to Area 42; however, this motion failed by a majority vote, as follows: YES (TO APPROVE) Light, Morris NO: Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Manuel, Unger, Wilmot A new motion was made by Commissioner Kriz to recommend denial of airy changes to the UDA and SWSA boundaries of Area 42 and for this area to remain as it is presently. This motion was seconded by Commissioner Manuel and was passed by the following majority vote: YES (NO CHANGE) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Morris, Manuel, Unger, Wilmot NO: Light (Note: Commissioners Watt and Oates were absent from the meeting.) AREA 93 — PLANNING COMMISSION APPROVAL OF MODIFICATIONS Upon motion made by Commissioner Kriz and seconded by Commissioner Kerr, E BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed modifications to the boundaries of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) for Area 43 : Eastern section of UDA including a proffered State conservation area and part of land adjacent to and north of Route 7; Route 7 consistent northern boundaries. The boundary modification will result in: UDA 85.3 acre reduction SWSA 101.2 acre reduction (Note: Commissioners Watt and Oates were absent from the meeting.) Frederick County Planning Commission Page 1831 Minutes of August 16, 2006 -10- • AREA 94 — PLANNING COMMISSION RECOMMENDS NO MODIFICATIONS A motion was made by Commissioner Mohn to recommend denial of any changes to the UDA and SWSA boundaries of Area #4 and for this area to remain as it is presently. This motion was seconded by Commissioner Kerr and was passed by a unanimous vote. (Note: Commissioners Watt and Oates were absent from the meeting.) AREA 45 — PLANNING COMMISSION RECOMMENDS NO MODIFICATIONS A motion was made by Commissioner Mohn to recommend denial of any changes to the UDA and SWSA boundaries of Area #5 and for this area to remain as it is presently. This motion was seconded by Commissioner Kriz and was passed by the following majority vote: YES (NO CHANGE) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Morris, Manuel, Unger NO: Light, Wilmot (Note: Commissioners Watt and Oates were absent from the meeting.) • AREA #6 — PLANNING COMMISSION RECOMMENDS APPROVAL OF MODIFICATIONS 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 the proposed modifications to the boundaries of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) for Area #6 : Stephens City area. Removing County policy lines from within the Town of Stephens City. Joint Land Use Plan provides guidance for the Town's future annexation and provision of sewer and water. Interstate 81 consistent western boundaries of UDA/ SWSA. The boundary modification will result in: UDA 69 acre reduction SWSA 864.8 acre reduction (Note: Commissioners Watt and Oates were absent from the meeting.) • Frederick County Planning Commission Page 1832 Minutes of August 16, 2006 -11- • AREA 97 — PLANNING COMMISSION RECOMMENDS NO MODIFICATIONS A motion was made by Commissioner Unger to recommend denial of any changes to the UDA and SWSA boundaries of Area #7 and for this area to remain as it is presently. This motion was seconded by Commissioner Ours and was passed by the following majority vote: YES (NO CHANGE) Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Manuel, Unger NO: Light, Morris, Wilmot (Note: Commissioners Watt and Oates were absent from the meeting.) AREA #8 — PLANNING COMMISSION RECOMMENDS APPROVAL OF MODIFICATIONS Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the proposed modifications to the boundaries of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) for Area #8 : Route 50 West at the Route 37 interchange. Land use designation conformance. The boundary modification will result in: UDA: 47.7 acre reduction SWSA Same The majority vote was as follows: YES (TO APPROVE MODIFICATIONS) Unger, Manuel, Morris, Light, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas (Note: Commissioners Watt and Oates were absent from the meeting.) LAND USE POLICY TEXT AMENDMENT — PLANNING COMMISSION RECOMMENDS APPROVAL WITH A CHANGE Upon motion made by Commissioner Moms and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously • recommend approval of the Land Use Policy Text Amendment with the removal of all references to Area #7. (Note: Commissioner Watt and Oates were absent from the meeting.) Frederick County Planning Commission Page 1833 Minutes of August 16, 2006 -12- �J Master Development Plan 408 -06 for Russell 150, LC, submitted by Greenway Engineering, to develop 96.28 acres of B2 (Business General) zoned property with commercial land uses and 54 acres of RP (Residential Performance) zoned property with townhouses. The property fronts on the west side of Front Royal Pike (Rt. 522), opposite Airport Road (Rt. 645) and is identified with P.I.N.s 64 -A -10 and 64 -A -12 in the Shawnee Magisterial District. Action — Recommended Approval Planner Candice E. Perkins reported that this master development plan (MDP) is a proposal to construct a mixed -use development on 150 acres and was rezoned in September of last year for commercial and residential land uses. Ms. Perkins said the site will be accessed through the Airport Road extension and will intersect with Warrior Drive through the property. She said the residential portion of the site could contain up to 297 units based on the density for the site. Ms. Perkins next reviewed some of the more significant proffers from the rezoning of this property. Those proffers included the construction of Airport Road, East Tevis Street, and Warrior Drive on the property with bicycle lanes along each of the roads; the construction of a four -lane bridge over I -81; and the inter - parcel public street connection to the adjoining Kokorsky tract to the south. She said the applicant has requested a waiver to allow an alternative buffer design for the road efficiency buffer along Route 522 on the residential portion of the site due to topography. Specifically, the applicant is requesting the elimination of the berm from the buffer. She said the staff believes the waiver as depicted on the MDP does not provide appropriate screening for the residential units from Route 522 and, therefore, can not support the waiver as currently presented. Ms. Perkins said with the exception of the waiver, the MDP is consistent with the • requirements of the zoning ordinance and has addressed all of staffs other concerns Ms. Perkins said that two actions will be required from the Planning Commission, one for the waiver and the other for the plan itself. Commissioners asked for further clarification on why the staff did not support the requested waiver. Ms. Perkins replied that the site sits upon a knoll, with the townhouses on top of the knoll looking down upon Route 522; she said that some type of opaque element would help with the viewshed and the noise. Mr. Evan A. Wyatt with Greenway Engineering said the ordinance requires a six - foot -high berm above the average road elevation and this property is 22 -feet higher in elevation than the road. Mr. Wyatt believed it would be difficult to accomplish the berm and tie it back into grade. He pointed out a service road along the parking area in front of the townhouses that goes into the active buffer and he said they could construct a six -foot -high fence here, if the Commission desired. He said the townhouses could still be seen from Route 522, but it would break up the parking area to some degree. He said at the point it severely drops off to Bufflick Run, it may be beneficial to do some evergreen planting around the comer. Commissioner Thomas suggested using landscaping rather than a six - foot -high fence. Mr. Wyatt was agreeable to the suggestion and proposed a double row of evergreen trees with the 80 -Foot depth. Commissioner Morris said he did not see a cross section for the flyover bridge within the MDP. Commissioner Morris commented that the drawings show five -foot sidewalks on each side of the cross section on Tevis and then at the point of the bridge, the sidewalks disappear; he was concerned that those sidewalks are incorporated onto the bridge for pedestrian traffic. Mr. Wyatt said his understanding of the proffered flyover • bridge was that it was a four -lane bridge with sidewalks. Mr. Wyatt agreed to show the typical section detail of the flyover bridge with the five -foot sidewalks on each side on the plan for the Board's review. Frederick County Planning Commission Page 1834 Minutes of August 16, 2006 -13- • Commissioner Ours asked for the proposed phasing. Mr. Wyatt replied that all of the committed road improvements have to be in place before any permits, either residential or commercial, are obtained. Mr. Wyatt said the phasing plan for the townhouses is limited on an annual basis by permit issuance; the phasing plan is intended to start at Warrior Drive and move forward towards Route 522; and the commercial will be constructed as users come on line. Mr. Wyatt added that the premise for utilizing the community development authority process and constructing roads up front was to quickly promote the marketability of the commercial. Chairman Wilmot next opened the public comments portion of the meeting. Chairman Wilmot recognized a letter to the Commission from Mr. Michael S. Shepard, an adjoining property owner. She said Mr. Shepard's letter deals with some arrangements that were made between Mr. Shepard and the developers of Russell 150. Mr. Michael S. Shepard said that his B2 -zoned property is located to the southeast comer of the Russell 150 property on Route 522 South, adjacent to where the town homes are proposed. Mr. Shepard said his concern has to do with obtaining a shared buffer agreement and sewer easement promised by Greenway Engineering on behalf of Russell 150 at the April 13, 2005 Board of Supervisors' meeting. Specifically, Mr. Shepard said Russell 150 was to provide a shared buffer on the Russell 150 land at their cost because Greenway had not completed or filed his site plan before the rezoning of Russell 150. He said Russell 150 also was to provide a sewer easement so he could extend sewer to his properties at his own cost. Mr. Shepard said he offered to pay legal fees and administrative costs for both properties. Mr. Shepard requested that the Commission table the MDP in order to allow enough time to get the agreements worked out as originally agreed upon. Mr. Wyatt said that Greenway rezoned the small parcel of B2 land, adjoining the Russell • property to the south, on behalf of the Shepards. Mr. Wyatt said he advised the Russell 150 owners that because of the small size of the Shepards parcel and the requirement for a 50 -foot strip buffer, a large portion of the Shepard's property would be used up accommodating the buffer against the Russell 150 property. Mr. Wyatt said he proposed the idea of a common shared buffer and easement and the owners of Russell 150 were agreeable as long as it did not encumber their town house project, which it does not. Mr. Wyatt said the MDP shows the complete buffer distance on the Russell 150 project and ensures that the Shepards can maximize the development of their property. As far as the agreement, he said a six -foot high fence and three trees per ten linear feet are planned for a total of 45 trees and the agreement suggests that it's shared at a 50 -50 cost for installation; it also commits to an easement at a location mutually acceptable to both parties for the extension of sewer. Mr. Wyatt said this was a private developer agreement and he believed that if the concern was about the Shepards being protected with the ability to do the common shared buffer, it was certainly covered on the Russell 150 MDP. Commissioner Thomas believed this matter was a private relationship between two developers and was not an appropriate concern of the Planning Commission. He questioned the Commission's involvement in this matter and other Commissioners agreed. Directing a question to the staff for clarification, Commissioner Mohn asked what would be expected of the Shepards on their property with the buffer arrangement shown on the Russell 150 MDP. Ms. Perkins replied that the buffer shown on the MDP does not state who would be responsible to place the trees; it merely states the location. She said placement of the trees would be up to the developers and property owners. She said that in terms of distance, a 100 -foot buffer is required; if separate buffers are used, the RP would have a 50 -foot no screen and the B2 would have a 50 -foot full screen, as a minimum. Ms. Perkins said the applicants have simply shifted it to the RP portion of the site. Frederick Counry Planning Commission Page 1835 Minutes of August 16, 2006 -14- • Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 408 -06 for Russell 150, LC, submitted by Greenway Engineering, to develop 96.28 acres of B2 (Business General) zoned property with commercial land uses and 54 acres of RP (Residential Performance) zoned property with townhouses, with the understanding that the cross section of the flyover bridge will include two five -foot sidewalks, one on each side as a continuation from Tevis Street, and will be included on the MDP for Board of Supervisors' review. In addition, the Planning Commission approved the requested waiver to include an 80 -foot setback with a double row of evergreens. This resolution was approved by a unanimous vote. Upon motion made by Commissioner Ours and seconded by Commissioner Mohn, the Planning Commission voted to make Mr. Shepard's letter a part of the official record and to be forwarded to the Board of Supervisors. (Note: Commissioners Watt and Oates were absent from the meeting.) Subdivision Application #10-06 for WIN, LLC, submitted by Greenway Engineering, for commercial use. The property fronts on the northeast quadrant of the intersection between Berryville Pike (Rt. 7) and Interstate 81 and is identified with P.I.N. 54 -A -99E in the Stonewall Magisterial District. 0 Action — Tabled Zoning and Subdivision Administrator, Mark R. Cheran, stated there may possibly be another approach to accomplishing this proposed subdivision byway of a waiver requirement. He said the applicant may seek to table this rezoning application until the Planning Commission's next meeting to allow the applicant time to revise the plat. Mr. Evan A. Wyatt with Greenway Engineering, representing WIN, LLC, said he prepared the subdivision plat for the new Martins store on Route 7 at Winchester Gateway; he said the parcel is approximately 30 acres in size and they are proposing to cut off a six -acre piece behind the Martins store. Mr. Wyatt said the developers are working with a hotel group and they want to subdivide the property for financial purposes. He noted that the plat shows their road frontage being met by a pipe -stem. Mr. Wyatt explained this was one of the many commercial developments where the intent is to steer away from state - maintained roads throughout their property; however, the ordinance requires there to be state road frontage. Mr. Wyatt said that once off the state public road, there is a boulevard road system that serves all the individual properties. He said that rather than showing this awkward - looking parcel with a pipe stem, the staff recommended showing the parcel as a triangular piece and to seek a waiver from the Commission and the Board for state road frontage. Mr. Wyatt said they were certainly willing to revise the plat in this manner, if the Commission desired. Commissioner Light asked for clarification of a section of the staff review where it was stated that the MDP requirement may be waived, if the proposed subdivision contains no new streets, does not propose is storm water management, etc. Mr. Wyatt replied that the staff was simply citing the elements that allow an applicant to obtain a MDP waiver; he said the MDP waiver was granted for this project. Frederick County Planning Commission Page 1836 Minutes of August 16, 2006 -15- • Commissioner Unger proceeded to ask the applicant questions about access to the parcel and if an additional access was planned for emergency purposes, especially in light of the potential motel use. Mr. Wyatt said no additional access points were planned. He commented that this applicant has provided dual left turn lanes, the traffic signal, and improvements on Route 7, despite the MDP waiver exemption and no proffers. He said that made sure the road system was in place to support the maximum commercial development of the site. Chairman Wilmot called for any public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner Light and seconded by Commissioner Kerr, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously agree to table Subdivision Application 410 -06 of WIN, LLC, submitted by Greenway Engineering, to allow sufficient time for the applicant to submit a reconfigured subdivision. (Note: Commissioners Watt and Oates were absent from the meeting.) Subdivision 911 -06 for Ronald and Velma Simkhovitch, submitted by Mark Stivers, Esq., to subdivide a 1.3041 -acre parcel from an 8.4547 -acre tract for commercial use. The property is located at the intersection of Martinsburg Pike and Park Center Drive (Rt. 1323). The property is further identified • with P.I.N. 54A -1 -A in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this request is for the subdivision of a 1.3041 -acre parcel from an 8.457 -acre property, leaving a residue parcel of 7.1505 acres. He said the 8.457 -acre property is currently split -zoned B2 (Business General) and B3 (Industrial Transition) Zoning Districts. The 1.3041 -acre property is zoned B2 and the residue 7.1505 -acre property is zoned 132/133. Mr. Cheran said the parcels will have access to Martinsburg Pike (Rt. 11), through access easements; these easements will serve the restaurant, the vacant property, and the fuel center. He noted that both properties will be subject to the proffers and conditions of Rezoning 404 -03, approved on April 9, 2003. Mr. Cheran added that this proposed subdivision has met the requirements for a waiver from the master development requirements and the applicant has been granted a waiver from those MDP requirements. However, the design elements associated with the MDP have not been waived. Mr. Cheran stated that review and action is required by the Planning Commission and the Board of Supervisors. Commissioner Thomas said that it appeared there is a large warehouse on the subdivided tract, the 1.3041 acres. Mr. Cheran stated that a shared parking agreement will need to be approved by the Zoning Administrator before the plats can be approved. Commissioner Thomas inquired if there was enough space to accommodate the parking and setbacks for the proposed subdivision. Mr. Cheran replied that sufficient land was available for parking and setbacks, and the subdivision will not create any non - conformity. Mr. Mark Stivers, attorney, was present to represent the owners, Ronald and Velma is Simk There were no questions for the applicant. Frederick County Planning Commission Page 1837 Minutes of August 16, 2006 -16- • Chairman Wilmot called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision #11 -06 for Ronald and Velma Simkhovitch, submitted by Mark Stivers, Esq., to subdivide a 1.3041 -acre parcel from an 8.4547 -acre tract for commercial use. This property is located at the intersection of Martinsburg Pike and Park Center Drive (Rt. 1323). (Note: Commissioners Watt and Oates were absent from the meeting.) OTHER UPCOMING MEETINGS ANNOUNCEMENT Planning Director, Eric R. Lawrence, announced a seminar on Transportation Impact Fees on August 22, 2006 at 12:00 in the Board of Supervisors' meeting room. Mr. Lawrence said the Planning Commission is invited to attend, as well as the Transportation Committee and Board of Supervisors. He requested that anyone who plans to attend should contact the staff by this Friday, August 18, so a lunch count can be determined. • Mr. Lawrence also announced a joint work session with the Board of Supervisors concerning the UDA (Urban Development Area) Study on August 29, 2006 at 12:00 in the Board of Supervisors' meeting room. ADJOURNMENT There being no further business to discuss, the meeting adjourned by a unanimous vote at 9:15 p.m. Respectfully submitted, � kl, to M. Wilmot, Chairman Lawrence, Secretary • Frederick County Planning Commission Page 1838 Minutes of August 16, 2006