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PC_08-15-07_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 15, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District, Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison, and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman / Opequon District, George J. Kriz, Gainesboro District, Gregory S. Kerr, Red Bud District; and Cordell Watt, Back Creek District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator, Candice E. Perkins, Senior Planner; John A. Bishop, Transportation Planner; Dana Johnston, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Triplett and seconded by Commissioner Ours, the meeting minutes of July 18, 2007 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 08/13/07 Mtg. Conunissioner Mohn reported that the staff presented the results of the Board of Supervisors and Planning Commission's joint work session concerning the CPPA (Comprehensive Policy Plan Amendments) for T� this year. Commissioner Mohn said the Board tentatively agreed to forward one CPPA to the CPPS for additional Frederick County Planning Commission Page 2090 Minutes of August 15, 2007 -2- study; which was the Route 277 Mixed -Use to Urban Center Project. He said the staff broughtthe CPPS up -to- date and there was good discussion. He said the small -area triangle was discussed as well. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA is preparing for an event on October 27, 2007, at the Museum of the Shenandoah Valley, to promote and raise money for the CEA. 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. PUBLIC HEARING Rezoning 412 -06 of Carriage Park, submitted by Patton Harris Rust & Associatesl(PHR &A), to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District and 15.18 acres from ® MHl (Mobile Home Community) District to RP District, totaling 45.44 acres, with for up to 240 single4amily attached homes (townhouses). The properties are located south and adjacent to Route 7, and east and adjacent to Blue Ridge Mobile Home Park. The properties are further identified with P.I.N.s 55 -A- 161,55- A- 165A,55 -A- 166,55 -A- 167,55- A- 167A,55 -A- 168, 55- A- 174A,55- A'- 174B,and 55- A -174D in the Red Bud Magisterial District. Action — Recommended Approval Planning Director, Eric R. Lawrence, reported that the Commission has seen this project on a number of occasions over the previous ten months and it is back before the Commission again because the applicant's latest reiteration is different from what the Commission reviewed and sent forward to the Board of Supervisors in May of 2007. Mr. Lawrence said the applicant substantially revised the application, the proffer statement, and the generalized development plan, prior to the Board's July 25, 2007 meeting. Subsequently, the Board returned the project back to the Planning Commission so the Commission could review the latest proposal and forward a recommendation to the Board concerning the revision. Mr. Lawrence said the staff will forward this rezoning to the Board next week, on August 22, for final action. Mr. Lawrence stated that the property is located at the intersection of Route 7 and Valley Mill Road and this intersection plays a key role in this application because it is where the transportation aspect ofthis project is emphasized. He said no access is being proposed on Route 7; the sole access onto the property is Valley Mill Road, about 300 -400 feet south of Route 7, Mr. Lawrence said this will preserve the integrity of Route 7 as a limited access roadway. hi addition, the applicant has proffered to provide a 60 -foot right -of -way from Valley Mill Road through the southern edge of the property, ultimately tapping an inter -parcel connection to • the Blue Ridge Mobile Home Park, as well as making right -of -way provisions for the property to the immediate south, Valley Mill Farm, if future access is desired. Frederick County Planning Commission Page 2091 Minutes of August 15, 2007 -3- • Addressing transportation upon leaving the property, Mr. Lawrence said the applicant has proffered a traffic signal installation at Route 7 and Valley Mill Road, which would be installed before the 50" building permit, but more importantly, within 180 days of VDOT's request. In addition, the applicant has made a cash contribution to the transportation system for the County of $3,000 per unit; the application continues to offer a $25,000 contribution to the County for purposes associated with the historic Star Fort site; and the applicant has also proffered $15,530 per unit to offset project capital facilities impacts. In conclusion, Mr. Lawrence stated that the project appears to be consistent with the Comprehensive Policy Plan and the applicant has made a significant effort in this revision to address the transportation needs for the area. Mr. Patrick Sowers, with Patton Harris Rust & Associates, representing the Carriage Park rezoning application, was available for questions. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Conmmissioner Mohn inquired of the VDOT representative, Mr. Lloyd Ingram, if VDOT was comfortable with the applicant's signalization proffer with regards to the 180 -day turn - around after the first building permit. Mr. Ingram replied yes; he said VDOT had made the request and the applicant complied. Commissioner Mohn thought this latest revision returned to the original concept in many ways. He said that the Commission had many concerns and had asked the applicant to look at some other alteratives. • He believed the applicant had exhausted those efforts at the Commission's request. Commissioner Molmn said that his biggest concern with the newest proposal was the intersection at Route 7 and its signalization; lie said that assuming VDOT is comfortable they can get the signalization in a timely fashion when warranted, then he felt comfortable with the application presented. The Conunission appreciated the efforts that had been made by the applicant on this application. In addition, the Commission stated their appreciation for the additional opportunity to review and provide a recommendation on this rezoning, which was substantially different from what they had previously reviewed. I i Upon motion made by Commissioner Mohn and seconded by Commissioner Ours, BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning 412-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District and 15.18 acres from MH 1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 240 single- family attached homes (tommmhouses). The majority vote was as follows: YES (TO REC. APPROVAL) Unger, Manuel, Morris, Wilmot, Ours, Triplett, Molmn NO: Oates, Light (Note: Commissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) Frederick County Planning Commission Page 2092 Minutes of August 15, 2007 MIN Rezoning #07 -07 of 1 -81 Distribution Center, submitted by Triad Engineering, Inc. to rezone 59 acres from RA (Rural Areas) District to Ml (Light Industrial) District, with proffers, for office and warehouse uses. The properties are located approximately 0.61 miles north of the Route 11 intersection with Cedar Hill (Rt. 671), bounded on the west by 1 -81 and on the east by Martinsburg Pike (Rt. 11). The properties are further identified with P.I.N.s 33 -A -109 and 33 -A -110 in the Stonewall Magisterial District. Action — Recommended Denial Commissioner Oates said that he would abstain from all discussion and vi ting on this rezoning due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, began by discussing the application's relationship to the County's Comprehensive Policy Plan. Mr. Ruddy reported that the site is located within the County's Sewer and Water Service Area (SWSA) and it is within the limits of the Northeast Land Use Plan ( NELUP) of the Comprehensive Policy Plan. He pointed out that the industrial land use proposed in this rezoning is not consistent with the NELUP, which calls for commercial uses catering to the interstate traveler along the three 1 -81 interchanges and retail, service, and office land uses along the Martinsburg Pike corridor! Mr. Ruddy said the NELUP also calls for Martinsburg Pike to be improved to a four -lane facility. Furthermore, the NELUP states that proposed industrial and commercial development should only occur if impacted roads function at a Level of Service (LOS) Category C or better, however, this application does not provide the desired LOS. He stated that • the NELUP discourages individual lot access onto Route 11 and encourages inter - parcel connections; it also recommends the provision of adequate screening and buffering along Martinsburg Pike and adjacent to residential properties. Mr. Ruddy stated that during the Historic Resources Advisory Board's (HRAB) evaluation of the project, two recommendations were made. The first was for the submittal of a Preliminary Information Form for the historical property on the site, which the applicant has accomplished. The second recommendation dealt with an additional landscaped berm along the front of the property to provide screening protection for the adjacent historical properties; he said no tailored corridor improvements have yet been provided beyond what is currently required by the ordinance for parking lot landscaping. Mr. Ruddy next discussed potential impacts of the project. He stated that the applicant has limited the amount of office space on the property to 150,000 square feet; however, no additional limitations have been provided regarding the potential development of the site for non - office industrial -type uses. He said the two scenarios used by the applicant in the Traffic Impact Analysis (TIA) do not accurately reflect the potential worst - case scenario for the build -out of the property. Mr. Ruddy conuuented that both the County and VDOT have expressed concerns about the trip generation figures used in the TIA and, in particular, the use of employee counts rather than the trip generation figures typically used within the Institute of Traffic Engineers (ITE) Trip Generation Manual, Mr. Ruddy continued, stating that the TIA indicates that LOS "C" conditions or better will be maintained on study roads and intersections with the completion of several area improvements including improvements at the intersection of Route 11/ Hopewell Road/ Brucetown Road and improvements at the intersection of Route l I/ Rest Church Road. He stated that none of the improvements identified in the TIA have • been addressed by this application. In addition, the applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Policy Plvr, in particular, the widening of Route 11. Mr. Ruddy next proceeded to review and provide staff comments on the applicant's proffer statement. Frederick County Planning Commission Page 2093 Minutes of August 15, 2007 -5— Comity Transportation Planner, John A. Bishop, added that the primary issue with the applicant's TIA is the method used by the applicant to project potential traffic for the 750,000 square feet of warehousing space. Mr. Bishop commented that using numbers of employees is one method, but the County has no control over how many employees will be hired; therefore, the County uses square footage, unless another method is agreed upon beforehand. He said the concern is that the applicant is significantly under - estimating the trip generation figures. In addition, the figure doesn't include any potential office use or other type of development on the property. Furthermore, the applicant's triggers for specified road improvements, monetary contributions, and signalization are all based on the number of vehicle trips and the discrepancy, from the County's point of view, could result in p.m. peak -hour trips that are more than double the point at which the applicant proffers a signal or cash in lieu of a signal. Mr. Bishop said the two site driveways are also a concern. He understood the desire to keep trucks and automobile traffic separate; however, the staff l believes that Route 11 m is not the avenue to deal with this on -site proble. Mr. Lloyd Ingram of VDOT was available to answer questions from the�Cornmission. Mr. Jolui Knott of BPG Properties, Ltd., the applicant, said BPG was headquartered in Philadelphia, Pennsylvania, and has offices in Northern Virginia and across the United States. Mr. Knott said BPG are the owners of approximately 20 million square feet of comnercial space around the country, including office, industrial, and retail space. He gave the Commission further information on the background of his company. Mr. Knott said that BPG intends to actively market this site for potential users in the M1 District. Mr. Ty Lawson, attorney with Lawson & Silek, P.L.C., was representing the applicants and owners for the I -81 Distribution Center. Mr. Lawson responded to the staff's statement that the application was not consistent with the Comprehensive Policy Plan by pointing out that existing uses on the west side of Route 11 and the east side of I -81 were comprised of an overlap of commercial and industrial uses and, therefore, this area • could be considered as a transitional area. He spoke of the County's desire to have readily available facilities for potential Ml users and his client's preference for M 1 zoning, rather than B3. He noted that M 1 uses produce less traffic impacts than B3 uses. He said his client did not intend to build office facilities, other than ancillary offices for an industrial use and, therefore, had placed a cap in their proffer for permitted square footage of office use. Mr. Lawson stated that they chose warehouse and office uses for their traffic modeling and, in addition, they conducted actual traffic counts of existing facilities, such as Home Depot and Target. In conclusion, Mr. Lawson reviewed the applicant's proffers, specifically those dealing with right -of -way improvements, financial contributions, the traffic signal, and caps on office space. w The applicant's transportation analyst, Mr. Mike Glickman of PHR &A, spoke about the applicant's trip generation results and he explained why other methods besides square footage, such as acreage or employees, were valid in the modeling studies. Mr. Glickman said his client strongly disagreed this site would generate the numbers of trips indicated by the use of square footage modeling. Mr. Ruddy stated that there can be considerable discussion on the scopurg and details of the TIA, but there is an important relationship between the proffers and the impacts revealed by the TIA. He explained that the impacts have to translate into details of the proffer statement. Therefore, the square footage uses and other elements identified in the TIA need to translate to action in the proffer statement. Mr. Ruddy commented that this is where there is a large gap in this particular situation. A Commission member asked if some of issues raised would be better addressed at the master development plan level, such as screening or guaranteeing that a LOS "C" will be met. Mr. Ruddy replied that in this location, adjacent to a rural area property used for residential purposes, buffers should be addressed. In this • particular application, he said a mmnber of occasions arise, such as I -81 and the recommendation that came from the HRAB regarding the historical property. Mr. Ruddy said those were examples where an applicant could go Frederick County Planning Commission Page 2094 Minutes of August 15, 2007 -6- above and beyond what is required in the ordinance. Mr. Ruddy said that the TIA indicates that what will be needed to achieve an acceptable LOS "C" would be significant improvements to Route 11 and its intersections to with Rest Church Road and Hopewell and Brcetommm Roads. He said those were off -site improvements that go above and beyond what could be captured with a site development plan and master development plan application. He said the rezoning is the opportunity to insure the impacts associated with the rezoning are addressed, as well as the Comprehensive Policy Plan. Commission members expressed concern that none of the transportation improvements identified in the TIA had been addressed by the application to provide a LOS Category C on impacted roads; nor did the applicant's transportation program provide for or advance the County's Eastern Road Plan element of the Comprehensive Policy Plan, specifically, the widening of Route 11. The applicant's two site driveways were raised as an issue because the NELUP discourages individual lot access onto Route 11. Commission members questioned the applicant's TIA because it used employee counts, rather than square footage for trip generation figures, and may not accurately reflect the potential worst -case scenario. Furthermore, no additional limitations had been provided regarding the potential development of the site other than a cap on the square footage of office use. Some Commissioners commented that recently- rezoned properties and background traffic from West Virginia should be included in the applicant's calculations. They inquired about the proposed tractor-trailcr count for the site. Members of the Commission noted the applicant had not offered any information on signs, nor had any MI uses been proffered out. A Conmmissioner expressed the need for a regionalized transportation plan for the Route 11 corridor, so future applicants are aware of what the County's expectations are for transportation improvements. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Light made a motion to recommend denial of the rezoning for three reasons: 1) it • fails to address the Comprehensive Policy Plan; 2) it fails to adequately address the design standards within the corridor; and 3) the TIA and transportation improvements do not adequately mitigate impacts to the Route I 1 corridor. This motion was seconded by Commissioner Ours. BE IT RESOLVED, that by a majority vote, the Frederick County Planning Commission does hereby recommend denial of Rezoning 407 -07 of 1 -9l Distribution Center, submitted by Triad Engineering, Inc. to rezone 59 acres from RA (Rural Areas) District to MI (Light Industrial) District, with proffers, for office and warehouse uses for the following reasons: 1) it fails to address the Comprehensive Policy Plan; 2) it fails to adequately address the design standards within the corridor; and 3) the TIA and transportation improvements do not adequately mitigate impacts to the Route 1 1 corridor. The majority vote was as follows: YES (TO REC. DENIAL) Mohn, Triplett, Ours, Wilmot, Light, Morris, Unger NO: Manuel ABSTAIN Oates (Note: Commissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) E Frederick County Planning Commission Page 2095 Minutes of August 15, 2007 -7— PUBLIC MEETING • Master Development Plan #04 -07 of the Haggerty Property, submitted by Patton Harris Rust & Associates (PHR &A), for up to 300 single - family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Rt. 820), approximately three miles east of Winchester, and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are further identified with P.I.N.s 55 -A -212 and 55 -A- 212A in the Red Bud Magisterial District. Action — Recommended Approval Commissioner Manuel said that he would abstain from all discussion and voting on this master development plan application, due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that the Planning Commission previously evaluated the rezoning request for this project and ultimately, Rezoning 404 -07 was approved by the Board of Supervisors on July 25, 2007. This project includes right -of -way dedication for future Route 37 and approximately 33 acres of open space, which is adjacent to the Opequon Creek. He said access to the site will be provided via a rural two -lane undivided collector road, Haggerty Boulevard, which will link the project from Route 7, west of the Opequon Wastewater Treatment Plant, into the site. In addition, the master development plan (MDP) provides for the construction of an east -west major collector road, consistent with the County's Comprehensive Policy Plan. Inter - parcel connectivity has been provided to the adjacent Twin Lakes Overlook project. Mr. Ruddy pointed out the location of the future community center, which is to be constructed during the second phase of development. He added that the MDP reflects the protection of environmental features consistent with the Generalized Development Plan (GDP) and the MDP is consistent with the proffer statement and the GDP. Mr. Ruddy pointed out one remaining issue to be evaluated by the Commission, which focused on the road efficiency buffer between the residential lots and future Route 37. He said the applicant's proffer statement provides for landscaping in this particular area; however, the staff would like to ensure the required buffer is recognized on the MDP. In conclusion, Mr. Ruddy stated that the preliminary MDP is in a form which is administratively approvable. The MDP also satisfies the requirements of the zoning and subdivision ordinances upon addressing the road efficiency buffer requirement. Commissioner Unger inquired if there was a designated limit on the number of houses that could be constructed per year. Mr. Ruddy read from the proffer statement that, "the maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 -month period within the first 24 months of project development, beginning on the date of MDP approval by the Board of Supervisors, and 50 in any 12 -month period thereafter." Mr. Patrick Sowers, with Patton Harris Rust & Associates (PHR &A), and Mr. Clary Athey, attorney, were representing the owner, David B. Holliday, and the Haggerty Property MDP. Mr. Sowers said they have - plantings consistent with the road efficiency buffer for Route 37 through their proffer statement and with regard to open space, they are willing to work with the staff to reach a consensus on meeting the ordinance requirements for Route 37's road efficiency buffer. Chairman Wilmot called for public comments. No one came forward and Chairman Wilmot closed the public conunent portion of the meeting. 11 Frederick County Planning Commission Page Minutes of August 15, 2007 -8- Conunissioner Mohn made a motion to recommend that administrative approval authority be granted to the staff by the Board of Supervisors with the expectation that the road efficiency buffer requirement • along Route 37 be clarified between the applicant and the staff prior to final approval This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby mnanimously recommend that administrative approval authority be granted to the staff for Master Development Plan 904 -07 of the Haggerty Property, submitted by Patton Harris Rust & Associates (PHR &A), for up to 300 single- family detached and attached residential dwellings, with the expectation that the road efficiency buffer requirement along Route 37 be clarified between the applicant and the staff prior to final approval. (Note: Conntnissioner Manuel abstained from voting; Corr nissioners Thomas, Watt, Kriz and Kerr were absent from the meeting.) Master Development Plan 408 -07 for Sharkey Brothers, submitted by Greenway Engineering, for commercial uses on North Frederick Pike (Route 522). The property is identified with P.I.N. 54 -A -11 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this master development plan (MDP) application is a proposal to develop 24.8 acres of existing B2 (Business General) -zoned property with commercial uses. Ms. Perkins said the property was shown with B2 zoning on the original County zoning maps • and, therefore, the site does not have any associated proffers. She said the site is adjacent to the existing Shockey Industrial facilities and will be accessed with one entrance off North Frederick Pike (Route 522). The Eastern Road Plan of the Comprehensive Policy Plan shows the extension of Fort Collier Road running through the property and the MDP shows an 80 -foot reservation for this roadway extension. Ms. Perkins stated that the applicant is requesting a waiver of Section 144 -24C of the Frederick County Subdivision Ordinance and would allow the property to be subdivided with private roads. She added that the MDP is consistent with the requirements of the zoning ordinance and has addressed the staff s concerns. She further added that two recommendations are needed for this MDP, one for the waiver and the other for the MDP. Commissioner Oates inquired if a Traffic Impact Analysis (TIA) had been provided for the MDP. Commissioner Oates asked the County's Transportation Engineer for his opinion on the transportation aspects of the application. Transportation Planner, John A. Bishop, said that since this was historically -zoned property, a TIA was most likely not done. Mr. Bishop believed the location of the entrance is about the only place an entrance could be acconmiodated along that portion of Route 522. He believed it was worthwhile to monitor the intensity of development through the TIA process as site plans are submitted, primarily from a safety perspective. Mr. Evan A. Wyatt with Greenway Engineering was representing the MDP. Mr. Wyatt explained that when this MDP was originally designed, there was not a waiver issue. However, staff is desiring that the issue of a waiver be addressed at the MDP level, rather than coming in and requesting it at the subdivision stage. Mr. Wyatt said the owners have no intent of subdividing the property at this time and the property currently meets ordinance standards in that it abuts and has direct access to a state - maintained road. However, this will set the stage for the future, so if subdivision is desired, the oHaner will not have to come back before the Frederick County Planning Commission Page 2097 Minutes of August 15, 2007 Commission and Board with the request. Mr. Wyatt said the applicant is using an internal private street system, which is the basis for requesting the waiver. • In addition, Mr. Wyatt stated that a public improvement plan was approved by VDOT, the County Engineer, and the County Sanitation Authority, which is why the entrance is at the proposed location. He said that because of issues, such as site distance, this was the only place the entrance could be located and was approved. The public improvement plan also provided a turn-taper into the entrance aid on the Route 522 approach into Winchester, there is striping to create a left -turn stacking lane. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates made a motion to recormnend approval of the waiver of Section 144 -24C of the Subdivision Ordinance for MDP #08 -07 of Shockey Brothers with the condition that only one other exit be allowed and strictly designated as an "exit only." No additional entrances will be allow d. This motion was seconded by Commissioner Light and unanimously passed. Conunission Oates next made a motion to recommend approval of M Brothers with the stipulation that upon request by staff, TIAs accompany future site motion was seconded by Conunissioner Light and unanimously passed. • (Note: Commissioners Watt, Thomas, Kriz, and Kerr were absent from the meeting.) ADJOURNMENT Upon motion made by Conunissioner Ours and seconded by adjourned at 8:35 p.m. by a unanimous vote. Respectfully submitted, M. Wilmot, Chairman Lawrence, Secretary 0 #08 -07 of Shockey as as needed. This Morris, the meeting Frederick County Planning Commission Page 2098 Minutes of August 15, 2007