PC_03-19-08_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 19, 2008.
PRESENT: Jwre M. Wilmot, Chaimnan /Member at Large; Roger L. Thomas, Vice Chairman/Opequon
District, Richard C. Ours, Opequon District, Charles E. Triplett, Gainesboro District, Christopher M. Mohn, Red
Bud District; Gregory S. Kerr, Red Bud District; Richard Ruckman, Stonewall District; Gary R Oates, Stonewall
District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R Ambrogi, Shawnee
District; Gary Lofton, Board of Supervisors Liaison; Kevin Talley, Winchester Planning Commission Liaison,
and Roderick Williams, Legal Counsel.
ABSENT: George J. Kriz, Gainesboro District; H. Paige Manuel, Shawnee District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision
Administrator, Candice E. Perkins, Senior Planner; 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 Conmdssioner
Ours and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the
March 19, 2008 meeting_
MINUTES
Upon motion made by Commissioner Ours and seconded by Commissioner Molm, the meeting
minutes of February 6, 2008 were unanimously approved as presented.
COMMITTEE REPORTS
Economic Development Commission (EDC) — 03/07108 Mtg.
Commissioner Kerr reported that EDC discussed a proposed zoning ordinance amendment
limiting the size of warehousing and distribution in the M I (Industrial Limited) Zoning District.
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0 Comprehensive Plans & Programs Subcommittee (CPPS) — 03/10/08 Mtg.
Commissioner Oates reported that the CPPS discussed restructuring the CPPS into three smaller
subcommittees with one subcommittee concentrating on public facilities, one concentrating on land use plans, and
the third on Comprehensive Policy Plan review and language. He said three chairmen have been selected and
members have made known their preference as to which subcommittee they would like to participate.
Commissioner Oates said the CPPS is waiting for the Planning Conunission to take formal action before the three
subcommittees can materialize.
Conissioner Oates also reported that the Route 277 public participation meeting was held on
Tuesday evening, March 17, 2008, at Sherando High School. He said about 150 citizens attended and the
meeting went very well with some good exchange of information.
Sanitation Authority (SA) — 03/18/08 Mtg.
Commissioner Unger reported rainfall for the month of February was less than one inch. He
noted that average rainfall in our area is three inches per month and 35 -36 inches annually. He said the county is
presently in a ten -inch deficit for the year. Commissioner Unger reported that a fairly wet suruner is needed or
Frederick County will more than likely be placed under some type of moratorium for water. He said the SA is
• planning to purchase more water from the City of Winchester because production swells are low. In addition, the
SA indicated an increase in water rates this year of about 30 -33 %. Anticipated new hookups for 2008 is 250;
2007 had 500 new hookups; 2006 had 750 new hookups.
Welcome to Kevin Talley, Liaison from the City of Winchester Planning Commission
Chairman Wilmot welcomed back Mr. Kevin Talley, the Citv of Winchester's liaison from the
Planning Commission. Chairman Wilmot said that Mr. Talley will be attending the Frederick County Planning
Commission meetings this month as the City's liaison.
Appointment of Commissioner Rick Ours as Liaison to the City of Winchester Planning Commission
Chairnan Wilmot appointed Coumnissioner Rick Ours as the Planning Commission's liaison to
the City of Winchester Planting Commission. Chairman Wilmot thanked Commissioner Ours for agreeing to
serve as the County Planning Commission's liaison.
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Citv of Winchester Planning Commission — 03/18/08 Mtg.
• Commissioner Ours reported that the City of Winchester Planning Conunission acted on two
city- sponsored rezonings: the first was a rezoning from Commnercial /Industrial to Central /Business which was
described as 9/10 acre within the North Cameron Street Warehouse District that needed to be brought into the
same zoning as adjoining properties; the second was a rezoning from Educational /Institutional /Public Use to
Highway Conunercial and the property is publicly known as the Old Robinson School House. Commissioner
Ours said this second rezoning will permit an eventual road re- alignment of Papermill Road to Pleasant Valley
Road and will make the transportation system work better in that area. He said the City Planning Conunission
also approved a conditional use permit for Buffalo Wild Wings for a nightclub. He added that a teat amendment
regarding the use and storage of recreational vehicles and equipment pertaining to off -street parking requirements
on residentially -used and occupied properties was discussed.
CITIZEN COMMENTS
Chaimnan Wilmot called for public comments on any subject not on the Commission's agenda
this evening. No one came forward to speak.
PUBLIC MEETING
Review of Public Facilities - Site Plan of Frederick County Public Schools, submitted by Greenway
Engineering, for Frederick County's 12 °i Elementary School. The new elementary school will be located
on Charming Drive within the Lynnehaven Development. The property is identified with P.I.N. 55- A -206B
in the Red Bud Magisterial District.
No Action Required
Senior Planner, Candice E. Perkins, presented the preliminary site plan for Frederick County's
12` elementary school to the Commission for review and input; she said no action is required. Ms. Perkins
reported that the site is located within the Charming Land Bays of the Lynhaven development in the Red Bud
Magisterial District. She said the school consists of 100,800 square feet and has a capacity of 750 students, the
facility includes 190 parking spaces, 10 bus parking spaces, an emergency fire lane around the school building,
and playground equipment areas, as well as the soccer field. She said the staff has reviewed the site plan and
identified issues, such as sidewalks and walkability. Ms. Perkins said it has been determined that a sidewalk
along Channing Drive will not be feasible due to the topography of the site, but the school will be responsible for
providing sidewalks along Lynnhaven Drive and Woodrow Road, Ms. Perkins pointed out that the site plan
shows an access point on Woodrow Road, she said the staff has had discussions with the applicant about an
additional access point and one will be provided from the Lynnhaven/ Woodrow Road intersection, to access the
fire lane and the school building.
Commission members expressed safety and fire protection concerns about having only one
public access into the site. Commissioners asked if the pedestrian connection could possibly be made into a fire
lane using pavers with grass in between, so if the front access was blocked, there would be another access to the
back of the building for fire trucks. They also asked if there was a level area around the bus - parking lot drat could
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serve as a second access from a public right -of -way for fire and rescue vehicles.
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• Mr. Mark Smith hn ith Greenway Engineering was representing the site plant for Frederick County
Public Schools. Mr. Smith said the pedestrian access area Commissioners referred to was steps and there is about
a 20 -foot elevation drop in this particular area. Mr. Smith pointed out areas along the fire lane circling the
building where a fire truck could access the building. In addition, Mr. Smith pointed out areas with sidewalks.
Referring to the trail issue, Mr. Smith said a six -foot asphalt trail has been constructed along the south side of
Charming Drive. Mr. Smith said the bus parking lot had no level areas and the entire backside of the site had a
three -to -one slope. Mr. Smith said he would consult with the school's architect to see if there was a level area
around the ball fields that could serve as an access for fire and rescue vehicles, if the main entrance was blocked.
At this point of the meeting, Chaimhan Wilmot called for public comments. No one came
forward to speak and Chairman Wilmot closed the public continent portion of the meeting.
No other issues were raised by the Commission. No action was needed to taken by the
Commission.
COMMISSION DISCUSSION
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X111, MS (Medical
Support) District with the addition of Continuing Care Retirement Communities (CCRC) within the MS
District.
• Senior Planner, Candice E. Perkins, reported that over the past few months, the Development
Review and Regulations Subconmhittee (DRRS) has been reviewing proposed revisions to the Medical Support
(MS) District to include Continuing Care Retirement Communities (CCRC). She said the MS District permits
residential whits intended to support hospitals, medical centers, medical offices, clinics, and schools ofinedicun;
however, residential units that would be part of a CCRC are not allowed. She defined a CCRC as a senior
housing development planned, designed, and operated to provide a full range of accommodations for older
persons that include all of the following for its residents: independent living, congregate care or assisted living
facilities, and nursing home or skilled -care facilities. A CCRC must also provide facilities for the further
enjoyment, service, or care of its residents. Ms. Perkins said the proposed CCRC definition states this use may
not contain individual parcels, and may not include condominium options; the community must be developed as
one parcel, owned and operated by the entity offering rental options for die residential units. A distance
requirement is proposed to be placed on the use which states that the CCRC must be within a two -mile radius
from the center of the Route 37 Medical Center interchange. Mr. Perkins explained there are specific uses and
housing types permitted within CCRC, and residential densities and average lot sizes have been included A4th the
housing types, as well as occupancy restrictions. Other changes described by Ms. Perkins included commercial
entrance spacing requirements, modifications to the structure and parking lot setback regulations, which are
intended to permit the residential units in the district to use private alleys, as well as lesser setbacks when they're
located on private roads, as well as other minor changes throughout the amendment to provide for the CCRC use.
The amendment also makes minor changes to other portions of the MS District to clean up the ordinance as well
as to introduce new definitions that correspond to this use. Ms. Perkins noted that revisions to the proposed
ordinance were provided for each Conumissioner this evening. She said originally, through DRRS discussions on
the amendment, the CCRC was only to be permitted through a conditional use permit (CUP) with required
conditions; however, after conversations with Board members, the preferred route for this amendment is to have
• the CCRC as a by -right use in the MS District. instead of a conditional use. Ms. Perkins noted that all of the
stipulations that were originally proposed to be conditions have been incorporated as performance standards for
the CCRC use.
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Conunissioner Thomas believed this was how the DRRS and the Commission should continue to
• evolve the ordinance. He said this proposal is looking forward and planning for the future, it is not strictly
reactive, which frequently is the case. Conunissioner Thomas said the staff has done an excellentjob on the final
revisions and this should be used as a model for future ordinance revisions. He believed this particular
amendment will help developers plan for the future and will be worthwhile to the County and developers striving
to produce a good product. He congratulated the staff and the DRRS for a fine effort and hoped the Conmmssion
could continue along these lines though the remainder of the ordinance.
Referring to Page 3, Nmnnber 5, Chairman Wilmot pointed out a statement which defines related
residential uses and she conuuented that the language repeats the intent of the medical center. She inquired if the
language was necessary because it seemed to imply that other uses do not have the same intent. Responding to
Chairman Wilmot's connment, Planning Director, Eric R. Lawrence, said the staff added the language simply to
clarify the different types of residential uses.
No otlier comments were made. No action was needed by the Planning Concussion at this time.
STRATEGIC PLANNING POLICY
Planning Director, Eric R. Lawrence, stated that during the morning session of the 2008 Plannin
Commission Retreat, a number of strategic and thought - provoking planing questions were posed. Mr. Lawrence
proceeded to lead a discussion of those questions in an effort to continue the strategic thinking and planning
exercise; he said the staff will use the Commission's comments to develop work session items for the future. Mr.
• Lawrence asked the Conuuission members for their input on whether Frederick County needs policies dealing
with the following issues:
• Is the County prepared for future growth pressures'? (driven by the County's assets of location and
quality of life)
• What time span should the Comprehensive Policy Plan cover?
• Do we have a targeted rate of growth for residential units per year?
• How many residential units should be in the pipeline to meet the goal of annual rate of growth?
• Is the 25% commercial and industrial tax base an official policy or a practiced target?
• If transportation is critical, should we base land use planning around major corridors?
Conunissioner Thomas believed the Conuuission needed to evaluate how it reviews and
approves the UDA (Urban Development Area). He said the UDA was approved back in 1987 with very few
changes made since then and he questioned whether opportunities may have been missed to improve the UDA.
Conunissioner Thomas said that changing the UDA configuration has been made so difficult, it can't be
considered a plan any longer - -it is locked in concrete. Conunissioner Thomas said that back in 1987, there was
no possible way anyone could have anticipated the type of growth that has taken place over the last ten years in
Frederick County. He said this County has changed from a rural county in 1987 to one with a huge urban
component and a small rural component; it is not an agricultural county any longer and this needs to be
considered. He was concerned about continuing with the same UDA for the next 20 years, especially if the
County wanted to plan strategically towards the future.
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Referring to the question of using growth rates for residential units per year, Commissioner
Thomas advised a close look at other localities which have tried to limit growth rates in residential areas. He said
this only benefits developers who already have their land rezoned and makes it very difficult for an else to do
good planning. He also hesitated to use future population growth rates, questioning which rates would be
appropriate for Frederick County to use —the county's, the state's, or the country's. Because of its location, he
thought Frederick County would probably grow at a higher rate than the country. He said if residential supply is
purposely limited, the price is artificially inflated. Commissioner Thomas said lie preferred to focus on those
administratively - approved projects that remain undeveloped for three or more years. He suggested an annual rate
of escalation be placed on the proffers of undeveloped projects with accepted proffers. He suggested the standard
national increase rate, based on the monetary system, and increase proffers annually on any undeveloped property.
He said if it's also tied into phasing, the proffers on the fifth year should be more than the proffers on the first
year. Convnissioner Thomas noted that the purpose for proffers is to help the Comity defer costs on
infrastructure, such as schools and roads, and it will cost more five years front now to build that infrastructure
than it does today. He suggested the Commission obtain a legal opinion to pursue this.
Regarding the transportation issue and whether land use planning should be based around major
corridors, Commissioner Thomas suggested that infrastructure be the critical component, not solely
transportation, as the guide for land use planning and UDA expansion requests. He suggested the County
develop its owii policies for access management using the County's Transportation Planner for guidance and not
depend so much on VDOT; he said VDOT's perspective is different from the county's with regard to quality of
life and safety.
The final item addressed by Convnissioner Thomas was the issue of low- impact design
standards and design policies. Commissioner Thomas said he would like to see the County move towards low -
impact designs standards as a requirement for all new development. He said for many years, the Count} has had
best business practices in effect and encouraged developers to use it; however, he did not see it being used on a
frequent basis. Convnissioner Thomas believed that any development outside of the UDA should have strict,
high standards for low- impact design in the RA areas for residential mots. Specifically, the design standards
should include ever\ from septic systems to building materials, driveways, floor area ratios, etc.
Chairman Wilmot advised that low - impact development might be taken on by die Environmental
Work Group. Mr. Lawrence said the Environment Work Group was just recently discussing the importance of
low - impact design, so that group would be appropriate in helping to determine where the standards might be
applied.
Chairman Wilmot had additional post - retreat comments. She suggested the Planning
Commission may be interested in having a couple workshops when the regular agenda is light. A suggested topic
was the relationship between the staff and the Planning Commission. Another topic was a discussion on how the
General Assembly's actions and decision will affect the Planning Con mussion's future work.
NEW APPOINTMENTS TO THE DRRS AND THE CPPS
Chairman Wilmot appointed Commissioner Lawrence Ambrogi to the DRRS (Development
Review and Regulations Subcommittee) and Convnissioner Richard Ruckman to the CPPS (Comprehensive Plans
and Programs Subcommittee). In addition, she stated Convnissioner Richard Ours will be once again covering
the City of Winchester Planning Commission meetings.
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ADJOURNMENT
There being no further business to discuss the meeting adjourned at 7:45 p.m. by a unanimous
vote.
Respectfully submitted,
Chairman
Eric R Secretary
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