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PC_02-06-08_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 February 6, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; John H. Light, Stonewall District; Gary R Oates, Stonewall District; Cordell Watt, Back Creek District; H. Paige Manuel, Shawnee District; Lawrence R Ambrogi, Shawnee District; Charles DeHaven, Jr., Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Christopher M. Molm, Red Bud District and Greg L. Unger, Back Creek District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Amber Powers, Planner 1, and Renee' S. Arlotta, Clerk. WELCOME NEWLY - APPOINTED PLANNING COMMISSIONER, LAWRENCE R. AMBROGI, SHAWNEE DISTRICT REPRESENTATIVE Chairman Wilmot welcomed the newly- appointed Planning Commission Representative for Shawnee District, Mr. Lawrence R. Ambrogi, on behalf of the entire Commission. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Corruuissioner Triplett, the Planning Commission unanimously adopted the agenda for the February 6, 2008 meeting. MINUTES Upon motion made by Conmrissioner Oates and seconded by Commissioner Manuel, the meeting minutes of December 5, 2007 were unanimously approved as presented. 11 Frederick County Planning Commission Page 2195 Minutes of February 6, 2008 -2- COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 01/24/08 Mtg. Comnuissioner Oates reported two items of discussion at the DRRS meeting: 1) a list of priorities for the upcoming year, which will be taken to the Planning Commission's Retreat; and, 2) discussion of assisted living in the MS District and a review of ordinances prepared by the staff. Commissioner Oates reported that many comments were made and several new members were in attendance. Transportation Committee 01128/08 Mtg. Commissioner Kriz reported that a new committee member, Mr. David Burleson, was introduced. The following items were acted upon: 1) The meeting date for February was changed to Thursday, February 28. 2) A report of the Rt. 37 Access Management Study which covers the I -81 and US -11 interchanges will be presented to the Transportation Committee and local officials of Frederick County, the City of Winchester, and Stephens City on Monday, February 11, in the Board Room at 7:00 p.m., which will immediately precede the CPPS meeting. All of the Planning Commission is invited to attend and the meeting is open to the general public. 3) A Work Group was fonned to study Transportation Impact Fees and the establishment of a Transportation Authority in Frederick County. The Work Group will begin meeting on Tuesday, February 12, in the Planning Department Conference Room. 4) The Rt. 277 - Triangle Area Land Use Plan, which is being studied by a CPPS Work Group, was discussed and several corrnnents were made for changes, particularly regarding the eastern • portion of US -522. 5) The committee recommended further study for the access break of Rt. 1 l and Rt. 37, which was presented by Greemvay Engineering. The applicant was asked to come back at the next meeting with further information. 6) Planning Deputy Director - Transportation, John Bishop, presented a legislative update, particularly Senate Bill 768, and why he tvas not in favor of it. The discussion had relevance to impact fees and the difficulties adopting policies with rules and guidelines that change every year. CITIZEN COMMENTS RESOLUTION OF APPRECIATION FOR COMMISSIONER JOHN H. LIGHT, STONEWALL DISTRICT REPRESENTATIVE Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. Mr. James W. Golladay, Jr., retired Planning Conunission Chairman, came forward to thank retiring Stonewall District Representative, Commissioner John H. Light, for his many years of service to the Planning Commission and the citizens of Frederick County. Mr. Golladay presented a Resolution of Appreciation to Conunissioner Light on behalf of the Planting Commission. Board Supervisor, Charles S. DeHaven, Jr., came forward to also express his appreciation and thanks, on behalf of the citizens of Stonewall District and the Board of Supervisors, to Commissioner John H. Light for his many years of service and dedication to Frederick County. • Frederick County Planning Commission Page 2196 Minutes of February 6, 2008 -3- PUBLIC MEETING Consideration of a request by Nina G. Smoke, submitted by Marsh & Legge Land Surveyors, for a waiver from the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(3), Minor Rural Subdivisions, to enable the family division of a parcel of land on a right -of -way less than 50 feet. This property is located on the western side of Diamondback Lane, approximately 0.4 miles north of the intersection of Diamondback Lane and Back Mountain Road (Rt. 600). The property is further identified by P.I.N. 58 -10 =A3 in the Back Creek Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant is seeking an exception from the lot requirements of Section 144- 31(C)(3) of the Subdivision Ordinance to enable a family division of a parcel of land into two lots on a right -of -way less than 50 feet. Mr. Cheran said the parent tract is currently served by a 30 -foot right -of -way and the applicant is seeking a waiver from the minimum width requirement for a shared private driveway; the minimum right -of -way width for a shared private driveway is 50 feet. He added that a letter from the property owners served by Diamondback Lane, who declined to grant an easement to Ms. Smoke, is included in the Conmussion's agenda. Conunissioner Watt asked staff how soon a property from a family subdivision could be sold. Mr. Cheran replied an affidavit is included with a family subdivision which states that the subdivided property must remain with the family member for five years. Mr, Cheran pointed out the waiver only applies to the two lots being considered this evening; he said any other subdivision must be brought back to the Planning Commission and the Board of Supervisors for review. Mr. Duane Brown, with Marsh & Legge Land Surveyors, P.L.C.. introduced himself and Ms. Kathy Simon, the daughter of the applicant, Nina G. Smoke, who would be a recipient of one of the family lots. • " Mr. Bronco answered questions from the Commission concerning the properties with access to the 30 -foot easement, Diamondback Lane. Mr. Brown stated that the ingress /egress easement ends just northwest of the subject property, before Mt. Falls subdivision. Chainnan Wilmot called for public comments; however, no one came forward to speak. Commissioner Thomas observed there was a considerable amount of property here within the same family. He was concerned about giving two parcels access on a 30 -foot right -of -way when there's a housing development that surrounds the entire property. He was concerned about what may happen in the future. Commissioner Watt was concerned about granting waivers for right -of -ways; however, he said the Commission has done so in the past for family subdivisions. Upon motion made by Commissioner Watt and seconded by Commissioner Manuel, BE IT RESOLVED, that by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the request by Nina G. Smoke, submitted by Marsh & Legge Land Surveyors, for a waiver from the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(3), Minor Rural Subdivisions, to enable due family division of a parcel of land on a right -of- way less than 50 feet. CJ Frederick County Planning Commission Page 2197 Minutes of February 6, 2008 _ The majority vote was as follows: • YES (TO APPROVE) Kerr, Triplett, Kriz, Ours, Light, Ambrogi, Oates, Manuel, Watt, Wilmot NO: Thomas (Note: Conmmissioners Mohn and Unger were absent from the meeting.) COMMISSION DISCUSSION Overview of Recently - Enabled NOVA Proffer System Planning Director, Eric R. Lawrence, reported that on July 1, 2007, new state legislation was implemented which expands upon the Comity's ability to accept proffers during the rezoning process. Mr. Lawrence stated that this change provides the County with the ability to use the "Northern Virginia" form of conditional zoning. He explained that the Code of Virginia includes provisions offering greater opportunities to communities with "high growth," which is defined as population growth of five percent or more between census years. Mr. Lawrence stated that by this definition, Frederick Comity is a qualifying high - growth jurisdiction. More importantly, this permits the County to accept proffers for which the need is not generated solely by the rezoning proposal. He said the benefit to Frederick County is allowing the Comity to accept proffered improvements for infrastructure regardless of whether the development was generating an impact. This provision assists the Comity in securing more global improvements to schools and the transportation network. Commissioners asked if the County could lose its "high- growth" classification, if the County's population growth was not sustained at five percent. Mr. Lawrence said the growth rate to qualify needs to be five percent for a ten -year period; he didn't think the county's population would drop between census years. He said Frederick Comity has been typically growing at 2.9 percent, annually. Commissioners pointed out that the proffer model is based on the impact a requested rezoning has on county's facilities; if the county accepts a proffer not directly associated with die rezoning, they questioned whether it would be in addition to the proffer model or if the proffer model would be reduced. Mr. Lawrence replied that the development impact model works by assessing the capital facility impacts a rezoning proposal might have on the county. He said it is up to the applicant, as they are going through their rezoning process, to figure out how they want to off -set those impacts. Mr. Lawrence said the expectation is that they will directly off- set it, but it certainly provides flexibility if they feel there are other ways they can offset the impact. Chairman Wilmot asked if there was a "reasonableness clause" in terms of how far away the alternative proposal may be. The Planning Commission's legal counsel, Mr. Roderick Williams, said the language in the legislature uses the word "benefiting." Mr. Williams stated that the proffer does not have to be directly related, but as long as it "benefits" the property at issue, or is reasonably - related, then it qualifies. • Frederick County Planning Commission Page 2198 Minutes of February 6, 2008 -5— OTHER Bylaws Group Update Chairman Wilmot provided an update on the work being done on the Planning Cormnission's Bylaws by the Bylaws Group. She said the group has incorporated language, for the Commission's approval, to the affect that the Commission expects proffers to be available when the application materials are distributed. She said that another item under review by the Bylaws Group is the 90 -day period to forward applications to the Board of Supervisors. Chairman Wilmot said the Commission typically tables for 45 days, which puts the Commission in the middle of a 90 -day period to get the application to the Board of Supervisors. She said if the applicant is ready and the clock starts at the first public hearing, it will provide the Commission a longer opportunity for review. Furthermore, if the Commission tables, the mechanism exists for the Commission to put the application into a work session, allowing the Commission the opportunity to discuss with staff before action is taken. Chairman Wilmot said the 90 -day time line, the 45 -day tabling rule, and a possible work session for all rezoning applications is under study. She said another topic being discussed is the desire for the Chair and Vice Chair of major conunittees to be Planning Conunission members, possibly from separate districts. She said there is a proposal to examine an alternate structure for the committees, which may work well for the CPPS, by establishing standing subcommittees to work on yearly issues, such as small area land use plans, the Comprehensive Policy Plan, or public facilities at CIP time. She said the suggestion for restructuring arose because of the considerable amount of interest by persons ravishing to be on a committee and to help distribute some of the responsibilities. . ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:45 p.m, by a unanimous vote. Respectfully submitted, Wilmot, Chairman Eric`. Lawrence, Secretary a Frederick County Planning Commission Page 2199 Minutes of February 6, 2008