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PC_04-02-08_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 April 2, 2008. PRESENT: June M. Wilmot, Chainnan/Member at Large; Roger L. Thomas, Vice ChainnarilOpequon District, Richard C. Ours, Opequon 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; H. Paige Manuel_ Shawnee District: Lawrence R. Ambrogi, Shawnee District, Gary Lofton, Board of Supervisors Liaison, and Roderick Williams, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director - Transportation: 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 die meeting to order at 7:00 p.m. Upon motion made by Connussioner Thomas and seconded by Commissioner Ours, the Planning Commission una i nously adopted the agenda for die April 2, 2008 meeting. MINUTES Upon motion made by Conmussioner Ours and seconded by Connussioner Thomas, dne meetvig minutes of February 20, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 03/27/08 Mtg. Commissioner Thomas reported the DRRS discussed two items: 1) the Business Overlay District; the DRRS made some final revisions and modifications to the proposed ordinance which will becoming to the Planning Commission soon; 2) the Rural Preservation Subdivision Ordinance; there were some requested • changes; however, the DRRS did not reach unanimity of opinion and further discussion will be necessary before Frederick County Planning Commission Page 2222 Minutes of April 2, 2008 -z- • the DRRS achieves a consensus. SIC -NAICS Work Group Commissioner Oates reported that the SIC -NAICS Work Group finished the B3 (Industrial Transition) District section and started the M 1 (Industrial Limited) District section for converting codes over from SIC to NAICS. He said the work group reviewed the intent of the district and briefly began examining the uses. Conservation Easement Authority (CEA) Commissioner Watt reported that Frederick County has been appropriated $265,000 through Ilse State of Virginia for the Conservation Easement Program. He said the CEA has 60 days to forward information to the Board of Supervisors, with the deadline of April 25, 2008. After that, there are 30 days to determine where the matching finds will come from. Commissioner Watt said that after the 90 -day period, the CEA has moyears to determine where the money will be used. Conunissioner Watt said the CEA is also working with the staff on incorporating all of this information within the Comprehensive Policy Plan. He said if anyonehas any questions, please contact the Chairman. Diane Kerns. • CITIZEN COMMENTS Chaimian Wilmot called for public comments on anv subject not on the Commission's agenda this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application 902 -08 of Grove's Winchester Harley Davidson, submitted by Potesta & Associates, Inc., to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (Business General) District with proffers to accommodate a parking expansion. The property is located at the corner of Independence Drive (Rt. 1092) and Millwood Pike (Rt. 50). The property is further identifiedwith P.I.N. 64- A -159T in the Shawnee Magisterial District. Action — Recommended Approval with Proffers Commissioner Ambrogi, Shawnee District, declared owning stock in Harley Davidson, but said lie was not connected either financially or personally with the Grove's Winchester Harley Davidson, other than the purchase of motorcycles. Commissioner Ambrogi said he would participate in the discussion and voting on this rezoning with that precautionary declaration. Frederick County Planning Commission Page 2223 Minutes of April 2. 2009 -3- • Senior Planner, Candice E. Perkins, reported that the Grove's Winchester Harley Davidson rezoning application is a request to rezone 0.2934 acres of an 8.28 -acre tract of land from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a parking lot expansion at the existing facility on Independence Drive (Rt. 1092). She said the site is within the Frederick County Eastern Long - Range Land Use Plan of the Comprehensive Policy Plan and is intended for coninercial uses. The proffer statement indicates that the .2934 -acre portion will be limited to off - street parking and access to the area will be limited to the existing Harley- Davidson entrance on Independence Drive. Commissioner Unger asked for clarification of the acreage. Ms. Perkins replied that the entire site is 8.2858 acres; the rezoning is only for the 02934 acres in the western comer which is currently zoned RA (Rural Areas). Mr. Taz Shultz. Counsel for Grove's Winchester Harley Davidson, introduced himself and Mr. Jonathan Sletner of Potesta & Associaties, the engineers and enviromnental consultants. Mr. Shultz and Mr. Sletner were available to answer questions from the Commission. Chairman Wilmot opened the public comment portion of the hearing. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Manuel asked the Conuuission's legal counsel, Mr. Roderick Williams, if he had any issues or concerns with the application. Mr. Williams said that his initial concerns were resolved after reviewing the full rezoning application included in the Commission's agenda. Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas, • BE IT RESOLVED. That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 402 -08 of Grove's Winchester Harley Davidson, submitted by Potesta & Associates, Inc., to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (Business General) District with proffers to accommodate a parking expansion. (Note: Commissioners Triplett and Kriz were absent from the meeting.) Rezoning Application 903 -08 of Winchester Regional Airport Authority to rezone property to the RA (Rural Areas) Zoning Classification, as follows: 0.21 acres of 1.29 acres, PIN 464- A -39A, from MI (Light Industrial) District; 21.11 acres, PIN 964 -A -4013, from MI District; and 15.92 acres of 229.05 acres, PIN 964 -A -79, from R4 (Residential Planned Community) District. A total of 37.4 acres is to be rezoned to the RA District. These properties are located on the north side of the Winchester Regional Airport and on the south side of the airport, adjacent to Airport Road (Rt. 645) and Bufflick Road (Rt. 776), within the Shawnee Magisterial District. Action — Recommended Approval Deputy Planning Director, Michael T Ruddy, reported that this request is basically a clean -up effort by the Winchester Regional Airport. Mr. Ruddy said that over time, the Winchester Regional Airport has grown, just like the rest of the community, and to accommodate. the Airport Authority- has purchased additional • property and portions of adjacent property from adjacent landowners, which can be expected into the future. Mr. Ruddy said this application represents a desire of the airport to have a consistent zoning designation for their property and ultimately, to consolidate into one consistent property. He said the properties are located within the Frederick County Planning Commission Page 2224 Minutes of April 2, 2008 -4- county's Sewer and Water Service Area (SWSA) and the Airport Support Area; therefore, the land use is consistent with the county's long -range land use plan. He added that this will provide consistency Nvith the airport • for their operations and future development. The ENCCUtive Director/ Manager of the Winchester Regional Airport, Serena "Renny" Manuel, stated this rezoning application is a clean -up effort. In addition. she said future development of hangers would require less of a setback from the road and give them more development room. Chairman Wilmot opened the public hearing and called for public comments. No one came forward to speak and Chairman Wilmot closed the public continent portion of the meeting. Commissioner Thomas asked staff if there would be any impacts on adjacent businesses by rezoning this area to RA. such as requiring those businesses to provide additional buffering and screening. Mr. Ruddy replied the rezoning would not have an impact. Upon motion made by Commissioner Manuel and seconded by Con ussioner Annbrogi, BE IT RESOLVED. that the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 903 -08 of Winchester Regional Airport Authority to rezone property to the RA (Rural Areas) Zoning Classification, as follows. 0.21 acres of 1.29 acres, PIN 464- A -39A, from MI (Light Industrial) District; 2 1.1 1 acres, PIN 964- A -40B, from M I District: and 15.92 acres of 229.05 acres, PIN #64 -A- 79, from R4 (Residential Planned Community) District. A total of 37.4 acres is to be rezoned to tlne RA District. PUBLIC MEETING Rezoning Application #09 -07 of Clearbrook Property, submitted by German Engineering,to rezone 14.53 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Road (Interstate Exit 321) and south of Cedar Hill Road (Rt. 671). The property is further identified with P.I.N. 33 -A -125 in the Stonewall Magisterial District. Action — Recommended Denial Commissioner Oates said he would abstain from all discussion and voting on this application due to a potential conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that this application was tabled by the Planning Commission on January 2. 2008 for 90 days due to a varicp of transportation concems and issues. Mr. Ruddy said the applicant provided a revised proffer statement which has eliminated gas stations as an allowed use and added language to provide water and sewer easements to the adjacent properties to the north on Cedar Hill Road. He said the transportation proffers have also been modified to broaden the application of the monetary contribution for transportation improvements and provides the potential for additional contributions to be made based upon future trip counts. Mr. Ruddy commented that as noted previously, such an approach is undesirable, complicated, and still does not address the potential transportation impacts generated by the request. in sunumar. Mr. Ruddy stated chat the rezoning request remains consistent with the land use designation of the Comprehensive Polic Plan, but still fails to mitigate and address the transportation impacts associated with this particular request as identified in the applicant's TIA (Transportation Impact Analysis). Frederick County Planning Commission Page 2225 Minutes of April 2, 2008 -5- Deput Director - Transportation, John A. Bishop, referred to a letter in the Conulussion's agenda packet, dated April 6 2007, from himself to Mr. Claus Bader of German Eng leering, PLC, representative for the applicant, which highlighted a number of the transportation issues associated with this application. Mr. Bishop said no modifications have been made to the TIA to this point. He then proceeded to discuss specific areas where degradation in the level of service (LOS) was expected to occur below "C" and at "D" for the p.m. peak hour. He also explained the staff's concerns with the applicant's `trip count" proffers because of the beauracracy that would be created by placing the staff in a "watch dog" position to regularly generate and monitor trip count reports at the site. Mr. Bishop said the trip counts for the Clearbrook project are similar to those of a previous rezoning in this vicinity. the Sempeles property; however, far more transportation improvements were proffered with the Sempeles rezoning and he proceeded to describe those improvements to the Commission. Commission members had specific questions about how the background traffic numbers were generated for the applicant's TIA and if previously- approved projects were included. There was concern the applicant's TIA could be missing 20.000 tpd which could be realized by 2010 -2012. Commission members inquired if any recent input was received from VDOT about the TIA and, in addition, what VDOT's plans were for widening Route 11. Staff replied that both VDOT and the County intend for Route I 1 to be a four -lane divided roadway with six lanes south of FEMA, although it's not a part of the six -year plan at this time. Staff said no funds are available; however, the improvements can be pursued in the interim, when land use actions occur, such as making sure the right -of -way is available. Mr. Ben Butler, attorney representing the applicant, introduced himself and Mr. Claus Bader of Gennan Engineering, the project engineer. Mr. Butler said one of their assignments from the last Planning Commission meeting was to meet with surrounding homeowners for input; he said those homeowners basically had four points: the first was the homeowners' desire to have sewer and water extended to their properties. Mr. Butler said the applicant has included this in the revised proffer, as well as the condition that three drainfields will be closed down. The second item was for fill access to the inter - parcel connection. which has also been provided within the proffer. Mr. Butler said the adjoining tracts will be allowed to access the north -south connector so only one entrance would come out onto Route 11. He added that the homeowners wanted full screening and this has also been addressed with additional landscaping and buffering. Mr. Butler stated the final issue raised by the majority of property owners at the meeting was their opinion that the developer was going to make considerable profit with this project and they believed the developer should pay for the rezoning of the honneonaners' properties including proffers. Mr. Butler said this would not be economically viable for this applicant. In addition, there is a legal difficulty involved in trying to convert the area to B2; he said all of the property owners would have to agree to rezoning because this is a residential subdivision and the primary restrictive covenant in the Deed of Dedication states, "no lot shall be used except for single - family residential purposes." Mr. Butler next presented a report which compared the proffers and TIA reports of various similarly -sized projects in the area such as the Clearbrook Business Center, approved by the Board in March of 2006, the Clearbrook Commercial Center, approved in March of 2007, and the Easy Living project in May of 2007. He said the Sempeles rezoning was not included because it was quite a bit larger than this project. Mr. Claus Bader with Gennan Engineering, the project engineer, came forward to address comments regarding background traffic. Mr. Bader said the TIA for their project was completed and submitted for review prior to the Rutherford Fans project. He said based on their discussions with VDOT, they did not go back to amend the TIA solely to show something failing at a "double F;" he said this is why some of the background counts did not get updated. Mr. Bader said two things have occurred since their TIA was completed in August 2006. Mr. Bader stated it was the suggestion of the Planning Commission to place the "stair- stepped' • cash proffer based on vehicle counts within their proffer. He said he relaxed the language so the money could be used by the County in other areas instead of just the signalization. Regarding the issue at Rest Church Road with the additional turn lane, he said upon discussions with Mr_ Sempeles, it appears the right -of -way is available. Frederick County Planning Commission Page 2226 Minutes of April 2. 2008 • Mr. Bader next reviewed the traffic counts in the TIA with the Commission. He said the numbers were based on retail use with worse -case scenario figures because they did not yet have identified users, other than plans for a 100 -room hotel. He described possible retail uses and corresponding square footages and calculated approximately 5,000 tpd versus the 12.000 indicated in the TIA. He said even if they used more of their allowable building space, they would still be below the 12,000 tpd at about 9,700 trips; he was hard- pressed to think of any place in the County that would generate this amount of traffic. In conclusion, Mr. Bader said when areas for drainfield easements and buffers are considered, the applicant was left with about eight acres of developable land out of a 14 -acre site. Mr. Bader added that the adjoining homeowners were not in favor of paying the tap fees for water and sewer. he noted a 4'/ to 5-acre piece around the drainfields which would be off limits for the unknown future. Commissioner Unger stated that if the drainfields had legal casements at the time the property was purchased and if the applicant wants to use the area for development reasons, then the applicant should pay the homeowners' tap fees. He said the developer will be getting four acres he didn't have at the timeofpurchase. Chairman Wilmot next opened the public comment portion of the meeting and the following persons came forward to speak. Ms. Elaine Magee, an adjoining property owner in the Stonewall District, was opposed to the rezoning. Ms. Magee said the transportation issues have not been adequateh addressed and she made the following points: four lanes have been proposed for Route l 1, but there is no time frame for construction; widening of Route 1 1 will more than likely take some of her land; there are no plans for improving the Hopewell and Brueetown intersection: there is no connectivity to the applicant's property except by Route I l; one traffic scenario has the traffic signal almost in front of her property: when there is a traffic accident on 1 -81, the traffic is detoured onto Route I I and she has difficulty getting out of her driveway_ and she questioned the extent of that congestion with additional retail development behind her. Ms. Magee said the water and sewer issue has not been adequately addressed. She said she has a well and septic system_ but the drainfield is on the applicanCs property. She did not think she should be expected to bear the expense of a sewer hookup to her property line and to her house so the land behind her can be developed. Ms. Magee said the developer needs to address this and should pay the entire expense in order to develop his property. She said this development will affect her quality of life; however, since the housing market is down, this rezoning will make it difficult for her to sell her house. She believed this project will devalue her property. She said that after Comprehensive Planning came along, it did not lake long for properties around her to change. The cost to rezone her property and all that goes with it is not something she wanted to tackle. She requested that the Planning Commission deny this application. Mr. William Carter came forward to speak on behalf of Mr. Robert 0. Widdows, an adjoining property miner who is out of the country on business. Mr. Carter said the concerns of Mr. Widdows include the followingi water and sewer right- of-ways, an additional $10,000 will be needed to take the water and sewer line from the property line to his house: the piecemeal nature of the application with no generalized development plan showing scope. scale. lighting, or design; unresohcd transportation issues: and only three uses, out of 400 B2 uses, have been proffered out. He said it was Mr. Widdows request that the Commission deny the rezoning application. Mr. Mark Regan, an adjoining property owner to the north on Cedar Hill Road, said he reviewed copies of other rezoning applications dating back to 2006 and he found this rezoning application package to be inferior to the others. He said nothing in the application has changed since the previous meeting. Mr. Regan was not in favor of the rezoning and he asked the Commission to dery the application. • Frederick County Planning Commission Page 2227 Minutes of April 2 2008 -7- No one else wished to speak and Chairman Wilmot closed the public comment portion of the • meeting. Mr. Butler returned to the podimn and said he agreed with Commissioner Unger's comments regarding the drainfield areas and the applicant would amend the proffers and agree to pay the water and sewer connections for the homeowners. Mr. Ruddy returned to the podium and stated that the TIA demonstrates where impacts are being observed and shows \\ improvements are necessary to mitigate those- -a npacts; lie said the proffers are the mechanism in which to reach those goals. With all things considered, Mr. Ruddy wanted to reiterate the County's position of concern that transportation impacts in this particular location fail to be fully addressed. Commission members expressed the need for a fair way for applicants to detemnine how much money they are expected to contribute towards transportation impacts. They did not expect a 14 -acre rezoning to fix all the Route I I problems, but there were no guidelines for deciding if the applicant was contributing a fair portion. It was pointed out that this area is slated for commercial use. Other Commissioners did not foresee a solution to fixing Route I I at any time in the near future. A comment was made that either the developers will be penalized in the interim while awaiting for the traffic situation to be improved or, the local residents will be penalized by using unimproved roads evenday while development is taking place. A Conunissioner made the suggestion that the applicant consider phasing the development to mitigate impacts because until die septic fields are removed, probably a third of the site is not developable. Members of the Commission said they could not support the rezoning in its current fomn. Commissioner Ruckman stated that this applicant has still not mitigated the impacts associated • with the rezoning or addressed the transportation improvement concerns raised in the TIA. In addition, the project will not provide a LOS of "C" or better at the two major intersections on Route 11. Commissioner Ruckman made a motion to recommend denial of the rezoning application. This motion was seconded by Commissioner Thomas. Commission members questioned whether the applicant had been provided with sufficient guidance on how to fix the problems that were raised. Chairman Wilmot said although the Commission is hopeful that solutions will arise in the future. there are no solutions here today. She said solutions will be closer to being fulfilled when the Development Impact Model (DIM) includes transportation as a component. Mr. Bishop commented that the Board of Supervisors authorized the expenditure to make this specific update to the DIM. Mr. Bishop was hopeful it would be ready with the next adoption date of the DIM, which is scheduled for June of 2008. BE IT RESOLVED, that the Frederick Count\ Planning Conunission does hereby unanimously recommend denial of Rezoning Application #09 -07 of Clearbrook Property, submitted by German Engineering, to rezone 14.53 acres from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. (Note: Commissioner Oates abstained from voting, Commissioners Triplett and Kriz were absent from the meeting.) • Frederick County Planning Commission Page 2228 Minutes of April 2, 2008 Master Development Plan 402 -08 of Westfield Business Park, submitted by Greenway Engineering, for commercial uses on the west side of Martinsburg Pike (Route 11), approximately 600 feet ninth of the Martinsburg Pike/ Old Charles Town Road (Rt. 761) intersection. The properties are further identified with P.I.N.s 44 -1 -B, 4413-1 -2, 44B -1 -3, 44B -1 -3A, 44B -1 -4, and 4413-1 -6 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this master development plan (MDP) is an application proposal to develop six properties, totaling approximately 19 acres, zoned B2 (Business General) and B3 (Industrial Transition), with up to 120,000 square feet of commercial land uses. She noted the properties were rezoned in 2007 with proffers. Ms. Perkins said access will be off Martinsburg Pike via two entrances; the primary entrance is a new public road, Westfield Drive. and the second is a commercial entrance on Martinsburg Pike. She said with the rezoning, the applicant had proffered to construct a new 12 -foot lane on Martinsburg Pike along the frontage of their property, as well as entering into a signalization agreement with VDOT for their entrance. The applicant is providing a ten -foot asphalt pedestrian path along the frontage of Martinsburg Pike, along with relocating the existing mobile home park entrance and providing buffers as shown on the plan. Ms- Perkins said the MDP is consistent with the requirements of the zoning ordinance, as well as the proffers of the rezoning, and all staff concerns have been addressed. Commissioner Thomas observed the site appeared to be 80% wooded, he asked if the applicant had made any commitments to using the existing vegetation for screening and buffering. Mr. Evan A. Wyatt with Greenway Engineering, representing the Westfield Business Park 40 applicants, said the site remains in a wooded condition. Mr. Wyatt said this is a thick, vegetative area and they believed there would be greater benefit by keeping the existing vegetation, lie said during the proffer phase of their rezoning application, they committed to keeping the existing vegetation and also supplementing it with evergreen trees. Chairman Wilmot nest called for public continents. No one came forward to speak and Chainnan Wilmot closed the public comment portion of the meeting. Upon motion made by Commissioner RUekulan and seconded by Commissioner Ours, BE IT RESOLVED, that the Frederick Count} Planning Commission does hereby unanimously recommend approval of Master Development Plan #02 -08 of Westfield Business Park. submitted by Greenway Engineering, for commercial uses on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/ Old Charles Town Road (Rt. 76 1) intersection in the Stonewall Magisterial District. COMMISSION DISCUSSION UPDATE OF THE ROUTE 277 TRIANGLE & URBAN CENTER LAND USE STUDY PUBLIC PARTICIPATION MEETINGS • Deputy Planning Director. Michael T. Ruddy. reported that on Tuesday, March 18, 2008, a public meeting was held at Sherando High School to engage the commnmnity in the Route 277 area and to seek their participation in the Route 277 Triangle and Urban Center Land Use Study. Mr. Ruddy said the meeting was Frederick Couniv Planning Commission Page 2229 Minutes ol'Aprit 2. 2008 held in the school library and was attended by 112 members of the general public. He said the level of • participation was extremely high and proved to be enorniousl valuable to the overall study effort. In addition, considerable inforniation has been received through the County's website and has been very constructive. Mr. Ruddy proceeded to update the Commission on four general themes that came from the public input received. Those general themes focused on taking care of existing infrastructure, particularly the existing Route 277 and the transportation improvements associated with it; the urban center north of Sherando High School, as well as growth at the high school; concern about the impacts to property assessments; and recognition of and compatible development around the Tasker Woods Natural Resource Area, Mr. Ruddy then spoke about steps towards implementation and continuation of the process. REVISIONS TO THE PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES Planning Director, Eric R. Lawrence, reported that the Planning Conunissioil's Bylaws Committee has recommended minor revisions to the Commission's Bylaws and associated Roles and Responsibilities Mr. Lawrence said these proposed revisions were presented for an initial review by [lie Planning Commission during the March 5, 2008 regular mccung. The Planning Commissions Bylaws state that, "the bylaws may be amended by a majority vote of the entire voting membership after 3o days prior notice." He said in recognition of the 30 -day notice period beginning on March 5, the revisions are being presented to the Planning Commission this evening with the opportunity for adoption. Mr. Lawrence reviewed the proposed revisions with die Coninission, which included: restructure • of the Planning Conmussion subcommittees: clarification regarding weather cancellation of a regularly- scheduled Planming Commission meeting_ establishment of a deadline by which revised proffers nnay be submitted for consideration b_v the Planning Commission: establishment of a 45 -day tabling time frame; and expansion of the opportunity to utilize a staff bricfng/ work session. He pointed out on Page 2 of 4 of the Roles and Responsibilities the language should read,' For either a briefing or a work session, the applicant should attend, but will not have an active role.` Mr. Lawrence said the word, "should ", replaced the word, "may" as requested by the Commission at their earlier meeting. to addition, Mr. Lawrence said if the Commission chooses to adopt the Bylaws and Roles and Responsibilities it vwould be appropriate to identify and select tine weather cancellation date. Upon motion made by Commissioner Ours and seconded by Conunissioner Mohn, BE IT RESOLVED. that the Frederick Count Planning Commission does hereby unanimously adopt tine Planning Commission's BN'law's and Roles and Responsibilities with revisions as presented. Chainnan Wilmot selected the Thursdav after the Wednesday regular meeting as tine weather cancellation date for Planning Commission meetings. (Note: Commissioners Triplett and Kriz were absent from the meeting.) Frederick County Planning Commission Page 2230 Minutes of April 2, 2008 -10- OTHER Commissioner Thomas asked the staff about the status of codifying TIA (Traffic Impact Analysis) preparation along with written guidance instructing applicants on ho\N to proceed. Deputy Director - Transportation, John Bishop, replied that VDOT was in the process of developing their own TIA standards and the staff first \santcd to see what VDOT established. Mr. Bishop said the staff is now currently in the process of creating its own policy for TIAs, which would be referenced in the Count' Code. Mr. Bishop spoke about the staff's intent of addressing the issue involving LOS (Level of Service) below "F" with existing or background traffic. Connuissioner Thomas referred to the Clcarbrook Rezoning and the fact that the applicant's TIA did not present an accurate picture of what will happen in 2010. He said [lie interpretation will fall on the staff to be able to explain to the Board of Supervisors why the applicant's TIA and application are not truly representative. The discussion next moved to the issue of outdated TIAs, especially when applications are postponed or tabled. A Commission member suggested the applicants be required to submit an addendum to the TIA, to avoid having to conduct all new traffic counts. Planning Commissioners thought it wis appropriate to have reasonable expectations for addendunns over time to make sure everyone is dealing with the most current information. CPEAV LAW SEN4INAR Chainnan Wilmot reminded everyone of an upcoming CPEAV (Citizens Planning Education Association of Virginia) Planning and Zoning Lame Seminar on Ma_v 16, 2008 She said if anyone is interested in attending to contact the Planning Slaff. • ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:40 p.m. by a unanimous vote. Respectfully submitted. �l k 'lll Wilmot Chainnan Eric Uht(vrence, Secretir} • Frederick County Planning Commission Page 2231 Minutes of April 2, 2008