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PC_03-05-08_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 March 5, 2008. PRESENT: June M. Wilmot, ChaimnadMember at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District, Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Molm, Red Bud District; Richard Ruckman, Stonewall District; Gary R. Oates, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District, H. Paige Manuel, Shawnee District, Lawrence R. Ambrogi, Shawnee District, Gary Lofton, Board of Supervisors Liaison, and Roderick Williams, Legal Counsel. ABSENT: Gregory S. Kerr. Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Plainer, and Renee' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced that the materials under Agenda Items #5 and 96 are conceming the same project and in the essence of time, she suggested the Commission consider both simultaneously. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett. the Planning Commission unanimously adopted the agenda for the March 5, 2008 meeting with the change of combining Agenda Items 95 and 46. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, themeeting minutes of January 2, 2008 were unanimously approved as presented. Upon motion made by Conunissioner Kriz and seconded by Conunissioner Triplett, the meeting minutes of January 16, 2008 were unanimously approved as presented. • Frederick County Planning Commission Page 2208 Minutes of March 5, 2008 -z- COMMITTEE REPORTS 40 Development Review & Reeulations Subcommittee (DRRS) — 02/28/08 Mtg. Commissioner Thomas reported the DRRS discussed size limitations for warehouses and distribution centers; however, an initial proposal limiting floor space to 200,000 square -feet generated considerable controversy. As a result, a subconur ittee is being organized with members from the industrial community to assist in developing a proposal. He reported that the DRRS also endorsed the establislunent of continued adult care within the Medical Services District, which will be coming before the Planning Commission shortly for consideration. He added that the DRRS is continuing their work on the B2 (Business General) Overlay District. Transportation Committee 02/28/08 Mtg. Conuuissioner Kriz reported that the Transportation Committee had discussion and action on the following items: 1) a motion was passed to recommend to the Board of Supervisors the hiring of an outside firm to update the County's proffer model by adding transportation impacts, which are not currently included; 2) the updated VDOT draft of the Secondary Street Acceptance Requirements appears to have some positive changes compared to the previous version and work is continuing, 3) a motion was passed recommending to die Board of Supervisors the areas of use for state revenue - sharing funds; the first area is Renaissance Drive to accelerate the connection between Shady Elm Drive and Route 11; the next two are improvements to the intersections of Tasker and Warrior Drive and Tasker and White Oak Drive, 4) the MPO is developing its program for next fiscal year; • in addition to moving forward with the Comity and City-wide transit study, Phase 11 of the Route 37 Access Management Study will be undertaken; work will begin on the update to the Long -Range Transportation Plan. Conservation Easement Authority (CEA) — 2/28/08 Mtg. Conuuissioner Watt reported that the State of Virginia has allocated $4.1 million to the Conservation Easement Program, which will be divided among 14 localities in Virginia. He said Frederick County received $265,000 and has two years to use these funds. Commissioner Watt said the CFA is discussing and learning about how the money can be used. He said the members of the CEA are discovering there are greater numbers of people interested in the Conservation Easement Program and finding out more about it. Introduction of Kevin Talley Liaison from the City of Winchester Planning Commission Chairman Wilmot introduced the City of Winchester's liaison from the Planning Commission, Mr. Kevin Talley. Chairman Wilmot welcomed Mr. Talley on behalf of the entire Commission. • Frederick County Planning Conmrission Page 2209 Minutes of March 5, 2008 -3- 0 CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application 901 -08 of Frederick County Public Schools, submitted by Greenway Engineering,to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for Frederick County's 12 "' elementary school. The property adjoins Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road. The property is identified with P.I.N. 55- A -206B in the Red Bud Magisterial District. Action — Recommended Approval with Proffers PUBLIC MEETING Master Development Plan 901 -08 for the Revised Lynnhaven Development, submitted by Greenway Engineering, for Frederick County's 12 "' elementary school and residential and commercial uses. The properties adjoin Senseny Road to the north and Charming Drive to the west, approximately 3,000 feet • east of Greenwood Road. The property is further identified with P.I.N.s 55 -A -206 and 55- A -206B in the Red Bud Magisterial District. Action — Recommended Approval Senior Plainer, Candice E. Perkins, reported that the two separate applications, Rezoning Application 01 -08 of Frederick County Public Schools, and Master Development Plan (MDP) 401 -08 for Revised Lynnhaven Development, both pertain to the same area and development; therefore, she would review both projects simultaneously in her presentation. Ms. Perkins said the request is to revise the proffers associated with the 15.24 acres designated for Frederick County's 12'" elementary school. She said the property in question is covered by two separate rezonings; the first being the Charming Land Bays rezoning from 1999 and the second being the Bean Property Rezoning from 2004. She said the proffers for the Bean property stated that the site could only be used for single - family residences and, therefore, the applicant is proposing to revise the proffers associated with the entire 15.24 acres to state that the site will only be used for public use. Ms. Perkins reported that the revised Lymihaven development covers the school property as well as the remaining residential and commercial portions of the Lynnhaven development. The residential portion will develop at a density of two writs per acre, which has decreased from 2.5 units per acre; the revised MDP will consist of 135 residential lots, ten acres of conunercially -zoned land, and the 15.2 acres for public use, to be utilized for the new elementary school. She said the most significant change presented with this revised MDP is the addition of the school site. Ms. Perkins continued. stating that the primary access into Lymthaven will be via Charming Drive, when fully opened. She said currently, this roadway is not completed and is not within the State's Secondary Road System. Ms. Perkins said the portion of Chaining Drive, between Senseny Road and Farmington Blvd., will not be accepted by VDOT until the traffic signal at the intersection of Senseny Road and • Charming Drive has been installed. She noted that the revised MDP contains a notation stating that, "Charming Frederick County Planning Commission Page 2210 Minutes of March 5. 2008 MIN Drive, between Senseny Road and Farmington Bldvd., illustrated by the two red stars, will be barricaded and • closed to the public until a signal is provided. She added that the traffic signal at this intersection was proffered with Rezoning 415-99 for the Charming Land Bays and will be installed with the first commercial site within the project. In conclusion, Ms. Perkins slated that two applications are under consideration this evening, die first for the rezoning to revise the approved proffers associated with the 15.24 acres and the second, for the MDP, which is in conformance with the rezoning for the County's 12`' elementary school, as well as the Charming Land Bays rezoning. She said two recommendations will be needed to forward to the Board of Supervisors. Commissioner Oates clarified for the audience that the rezoning under consideration is only for the 15 acres pertaining to the school and has no affect on the remainder of the subdivision which has already been approved. Mr. Evan A. Wyatt, with Greenway Engineering, was representing Frederick County Public Schools with both the rezoning and the MDP. Mr. Wyatt pointed out that the property is currently zoned RP (Residential Performance), which allows schools and they are not requesting a change in this zoning designation. However, Nsith this rezoning action, they are requesting a modification to the previously- approved proffers placed upon a portion of the property. the five -acre piece referred to as the Bean Property, which stated the property would be used only for single - family dwellings. Mr. Wyatt said this rezoning action will do two things: 1) it eliminates the residential condition placed upon the five acres, and 2) it establishes a proffer for the entire 15 -acre property which states this parcel can only be used for public use, i.e., the elementary school. Regarding the MDP, Mr. Wyatt said VDOT's continent mentions a concern with a specific segment of road until traffic signalization is installed. He said the Charming Drive proffer commits to the signalization with the first commercial use that comes in. He added that the language on the MDP was agreed upon by the public schools and VDOT. • Commission members inquired if the area was site suitable for a school. Mr. Wyatt believed it was quite suitable; he said the only slope is at the bottom of the site along Channing Drive. Mr. Wyatt pointed out the location of an existing storm water management facility, which the school facility will share; lie said there will not be a separate storm water pond on the project site. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Kirk Matthews, resident of the Red Bud Magisterial District, said he was in favorof a school being constructed on this property, but he was interested in knowing if any limitations were going to be placed on the commercial development in light of the vicinity of the school. In addition, lie referred to the staffs comment about VDOT barricading off a section of Charming Drive. He questioned why there was a reversal of opinion from just last year when Charming Drive was being pushed as a major thoroughfare in the County's road plan and it was guaranteed to be open and dedicated to the County by the summer of 2008. Planning Director, Eric R. Lawrence, came £onward to address Mr. Mathews continents. Mr. Lawrence stated that VDOT has identified sight issues on the southern section of Charming Drive, where it intersects with Senseny Road, which makes it unsafe until a traffic signal is installed. He said the developers of the existing B2 property have the proffer which commits them to install the traffic signal with the first commercial use. Mr. Lawrence noted that the County is working with VDOT to get the remainder of the roads into the State System and has set a target date of the school's opening a year and a half out. He said in the interim, there are a number of ways for the traffic to get through safely and to reach the school site safely. Regarding the restrictions on the commercial uses adjacent to the school, he noted there were provisions within the zoning code on appropriate uses adjacent to schools and requirements for buffering between uses. In addition, he said the staff will work with the Frederick County Plowing Commission Page 2211 Minutes of March 5, 2008 -5- developers of the commercial areas to ensure compatible uses are established. r No other citizens wished to speak and Chairman Wilmot closed the public comment portion of the hearing. No other issues were raised by the Planning Commission. Two separate actions were taken by the Planning Commission, as follows: Upon motion made by Commissioner Mohn and seconded by Conmussioner Kriz, BE IT RESOLVED, That the Frederick County Planning Conunission does hereby unanimously recommend approval of Rezoning Application 401 -08 of the Frederick County School Board, submitted by Greenway Engineering, to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District nvith modified proffers for Frederick County's 12`" elementary school. (Note: Commissioner Kerr was absent from the meeting.) Upon motion made by Conunissioner Molm and seconded by Commissioner Kriz, BE IT RESOLVED. That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 901 -08 for the Revised Lyaunhaven Development, submitted by Greenway Engineering for Frederick County's 12` elementary school, and residential and commercial uses. . (Note: Commissioner Kerr was absent from the meeting.) - - -- COMMISSION DISCUSSION - - -- GUIDING DOCUMENT FOR THE FREDERICK COUNTY PLANNING COMMISSION: BYLAWS, ROLES AND RESPONSIBILITIES, AND SUBCOMMITTEE RESTRUCTURING Planning Director, Eric R. Lawrence, reported that the Bylaws Conunittee's recent review of the Planning Commission BVIaws and associated Roles and Responsibilities has resulted in a nmmber of recommended minor revisions. Mr. Lawrence said the Planning Commission's Bylaws state that, "the Bylaws maybe amended by a majority vote of the entire voting membership after 30 days prior notice.' As such, he said this evening's March 5, 2008 meeting will serve to notify the Commission of the intent to modify the Planning Commission Bylaws and the Roles and Responsibilities documents after the requisite 30 -day period. Mr. Lawrence said that no action by the Commission is necessary at this time. The five categories of bylaws revisions reviewed by Mr. Lawrence included: 1) restructure of the Planning Conunission's subcommittees; 2) clarification regarding weather cancellation of regularly scheduled Planning Commission meetings; 3) establishment of a deadline by which revised proffers may be submitted for consideration by the Plarming Commission; 4) establishment of a 45 -day tabling time frame; and 5) expansion of the opportunity to utilize a staff briefing/work session. The Commission had various questions for staff on the proposed revisions. Mr. Lawrence next reviewed the proposed revisions to the Roles and Responsibilities which • included the addition of work sessions along with staff briefings of pending applications. Commission members suggested some changes to the language concerning the applicant attending the work session. There was also a Frederick County Planning Commission Page 2212 Minutes of March 512008 modification under the Conflict of Interest section, specifically designating the County's Attorney for consultation, rather than the Connnonwealth's Attorney. Mr. Lawrence said the staff will place the Planning Corunission Bylaws and the Roles and Responsibilities on the Commission's agenda for the first meeting in April for action. Members suggested to staff that after the documents are adopted, it would be advisable to provide the information to the various engineers, representatives, and attorneys, so they will be aware of changes for future applications. SUMMARY OF THE FREDERICK COUNTY PLANNING COMMISSION'S ANNUAL RETREAT HELD ON FEBRUARY 9, 2008 Planning Director, Eric R. Lawrence, thanked everyone for their participation in the 2008 Plamring Commission Retreat held on February 9, 2008 at the new Frederick County Public Safety Building. Mr. Lawrence stated that as a follow -up to the day's discussion, the staff created a summary of the topics discussed as well as the major planning projects identified for 2008. Mr. Lawrence summarized the proposed planning projects for 2008, as follows: • Revisiting the transportation and land use components of the North East Land Use Plan (a.k.a. NELUP); • Corrections to the UDA in the vicinity of the Stonewall Industrial Park; • Revisiting the Corridor Land Use Plans — Linking land use and transportation within existing business corridor plans (Rt. I I North, Rt. 7, Rt. 50 East, Rt. 522 South, Rt. I I South) [anticipated to be a multi- year undertaking]; • Proposed Warehouse /Distribution facility size limitations; • Age- Restricted Multi- Family Housing ordinance; • Parking requirements and surface treatments; • Route 1 I North Transportation funding source identification; • Evaluation of Standards / Expectations / Timing for Transportation in C &I Rezonings; and, • Review and update the Eastern Road Plan Connnissioner Oates recalled an alternative land use map that was presented during the Route 277 Triangle Study discussion at the retreat. Commissioner Oates said there was a question about whether it should be forwarded to public meetings, he said he did not see the map in the retreat summary. Mr. Lawrence said the staff plans to include the map with parallel roads at the public meetings and staff will be open to suggestions on what the mixed -uses should be in the White Oak Road area. He said the Route 277 Public Participation meeting is scheduled for Tuesday, March 18, 2008, at 7:00 p.m. at the Sherando High School. Connnissioner Thomas believed there was good discussion at the retreat and one high -point in particular was the difference in how VDOT reviews an application and what the purpose of their review is meant to accomplish compared to how the County's Deputy Director - Transportation reviews an application. He believed the Planning Con mussion needed to put more dependence on the County's transportation review, rather than on VDOT's, because they each review the application from a different perspective. Other Commission members agreed. r� L Frederick County Planning Commission Page 2213 Minutes of March 5,.2048 -7- • ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:00 p.m. by a unanimous vote. Respectfully submitted, M. Vilmot, Chairman Eric I�.►La ayefl�e, Secretary • 0 Frederick County Planning Commission Page 2214 Minutes of March 5. 2008