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PC_06-18-08_Meeting_MinutesMEETING MINUTES OF THE 0 FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 18, 2008. PRESENT: June M. Wilmot, Chainuan/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District, Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: H. Paige Manuel, Shawnee District; Christopher M. Mohn, Red Bud 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; 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 Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the June 18, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the meeting minutes of May 7, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Impact Model Oversight Committee (DIMOC) Planning Director, Eric R Lawrence, reported that the DIMOC reviewed the updated impact information, including critical input figures. He said the DIMOC asked the staff for updates on the values of future park land and provisions for fire and rescue services. Mr. Lawrence said the information was gathered and sent back to the committee. Mr. Lawrence said the revised Development Impact Model is scheduled for annual adoption by the Board of Supervisors on June 25, 2008. • Frederick County Planning Commission Page 2264 Minutes of June 18, 2008 -z- Comprehensive Plans & ProuamS Subcommittee (CPPS) Commissioner Kriz reported that the new subgroups of the CPPS are becoming active and Commissioner Christopher M. Mohn, Deputy Director - Transportation, John A. Bishop, and Deputy Director, Michael T. Ruddy, have established a meeting schedule for the subgroups of the CPPS. It was noted that Community Facilities will meet Thursday morning, June 19, at 9:00 a.m., and Transportation will meet on Friday morning, June 20, at 9:30 a.m. In addition, Commissioner Kriz said the Natural Resources Committee has been meeting and they are moving ahead with establishing a new template for the Comprehensive Policy Plan. NAICS Work Group — 06/12/08 Mtg. Conunissioner Oates reported that the NAICS Work Group has completed a considerable portion of the MI District and hopes to complete the MI District at their next meeting. He said the group will begin the M2 District at their next meeting and anticipates finishing the remaining districts relatively quickly, as the M I District was the largest section. 0 Historic Resources Advisory Board (HRAB) - 06/17/08 Mtg. Commissioner Oates reported that the HRAB discussed two projects. The first was a rezoning of 2.5 acres along Route 7, about a mile from the Opequon Creek. The property is zoned B 1 and the applicant has requested a B2 Zoning. The HRAB recommended the existing vegetation in Ash Hollow, along Route 7 and the stream, should remain in place and the applicant should perform a Phase One Archeological Review prior to excavation to insure there are no artifacts, since this is located in core battlefield area. The second item was the signage and park area at the Rutherford project north of Winchester at Exit 317. The proffered rezoning for Rutherford requires historic signage to be placed on site. The Shenandoah Valley Battlefield Foundation will be creating the signs and maintaining the area. The HRAB was comfortable with this arrangement. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject that was not on the Commission's agenda for this evening. No one came forward to speak. • Frederick County Planning Commission Page 2265 Minutes of June 18, 2008 -3- • PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article XIII, MS (Medical Support) District, to allow Continuing Care Retirement Facilities (CCRC) in the MS (Medical Support) Zoning District. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that over the past few months, the County has been reviewing proposed revisions to the Medical Support (MS) District to add Continuing Care Retirement Communities (CCRC). Ms. Perkins said a CCRC is a senior housing development planned, designed, and operated to provide a full range of accommodations for older persons including, independent living, congregate care or assisted living, as well as nursing home or skilled -care facilities. In addition to the residential accommodations, a CCRC must also provide accessory facilities for the further enjoyment, service, or care ofe residents. Ms. Perkins said the intent of the ordinance amendment is to introduce CCRCs as a permitted use in the MS District. The amendment also includes other minor changes to the MS District regulations, as well as the introduction of new definitions to correspond to the CCRC use. Ms. Perkins continued, stating there are specific uses and housing types that will bepemritted for the CCRCs, as well as residential densities, average lot sizes, and occupancy restrictions on the units. She said the overall CCRC development, as indicated in the proposed definitions, may not contain individual parcels and may not include condominium options. The community must be developed as one parcel that is owned and operated by one entity that offers rental options for its residents. She said other changes included are increased commercial entrance spacing, modifications to the structures and parking lot setbacks, which are intended to • permit residential units in the district to utilize alleys, and reduced setbacks on private roads. In conclusion, Ms. Perkins said the DRRS (Development Review and Regulations Subcommittee) reviewed this amendment in January and February of 2008 and ultimately, endorsed the changes at their February meeting. She said the Planning Commission discussed the amendment on March 19, 2008 and the Board of Supervisors was sent copies of the ordinance through a mailing. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Evan A. Wyatt, with Greenway Engineering, believed the staff had accomplished the job of meeting the needs of the CCRC via this zoning district. He said when the original Medical Support District was written, it included provisions for nursing and convalescent homes; however, since the inception of that ordinance, a new all- inclusive model for nursing homes was created with three levels of residential care: independent units, assisted units, and skilled - nursing units. Mr. Wyatt said the Planning Staff rightfully placed this new concept in the ordinance where nursing homes were originally intended to be placed. Mr. Wyatt commented that the structure of the amendment is such that the CCRCs are a by -right use with performance standards attached to guide development. Regarding the occupancy of dwelling units, qualifying residents may have a younger spouse and/or resident staff living at the facility. Mr. Wyatt said the National Lutheran Home is occasionally contacted by a resident who has a child requiring convalescent care. He said the representatives of National Lutheran Home asked whether or not this child would be welcome in this type of facility. The instances are rare, but because of the skilled nursing and ways and means to provide for this population, National Lutheran Homes would be interested in offering the service in their marketing. Mr. Wyatt speculated that in a large community of 500 -700 units, they may have five units in this particular category. • Frederick County Planning Commission Page 2266 Minutes of June 18, 2008 -4- • hearing. No one else wished to speak and Chairman Wilmot closed the public comment portion of the The Planning Commission was supportive of the request by Mr. Wyatt to include convalescence for minors of residing parents needing full -time care; however, they believed a percentage limit should be included so the use wouldn't ultimately change to a child -care facility, when it was established as a retirement community. Ms. Perkins stated that the staff would draft the language for includ ng convalescence for minors needing full -time care and incorporate it into the draft amendment for the Board's consideration. Commission members were satisfied with staff drafting and incorporating the necessary language; they preferred that this amendment move forward to the Board, rather than be delayed by going back to the DRRS. A motion was made by Commissioner Thomas to recommend approval of the Medical Support (MS) District amendment with the inclusion of language that would allow an appropriate percentage for care of younger individuals associated with this particular type of care. This motion was seconded by Commissioner Ours and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article X111, MS (Medical Support) District, to allow Continuing Care Retirement Facilities (CCRC) in the MS (Medical Support) Zoning District with the inclusion of language that would allow an appropriate percentage of care for younger individuals associated with this particular type of care. (Note: Commissioners Mohn and Manuel were absent from the meeting.) 1-1 An ordinance to amend the Frederick County Code, Chapter 165, Zoning, by the establishment of a Business Overlay District. The intent of the Business Overlay District is to allow traditional neighborhood design in commercially -zoned Neighborhood Villages and Urban Centers per the Urban Development Area (UDA) Study Policies. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this proposed zoning ordinance amendment is the first attempt to implement the Urban Development Area (UDA) Study adopted on February 28, 2007. She said the proposal is for an overlay district that could be applied to the Neighborhood Business (B 1) or Business General (132) District; properties already zoned B 1 or B2 could seek to have the overlay district applied through a rezoning or other properties could seek the overlay district at the time they sought their commercial designation. Ms. Perkins said the proposed ordinance is intended to be utilized anywhere within the County's UDA, as well as on parcels within the Sewer and Water Service Area (SWSA) located within areas identified as potential urban centers or neighborhood villages. Referring to a map with potential overlay district locations, Ms. Perkins noted that the locations shown are not set in perpetuity. She pointed out that as land use plans are created or revised into the future, new urban centers or new neighborhood villages and commercial areas will be designated, and as these new areas are created, the overlay district could be available at different locations than what is currently shown. Ms. Perkins said that the overlay is for small and in -fill projects, which are 20 acres in size or less. She said another ordinance is intended to be written in the future for larger sites. • Frederick County Planning Commission Page 2267 Minutes of June 18, 2008 -5- Ms. Perkins stated that the latest revision of the draft ordinance was supported by the DRRS at • their meeting on February 28, 2008. The Planning Commission considered and endorsed the proposed amendment at their meeting on May 7, 2008. She said the Board of Supervisors discussed this proposed ordinance at their meeting on May 28, 2008 and requested clarification on the proposed locations where the overlay would be permitted and had questions regarding fees. Since the Board discussion, the intent and establishment of district portions of the proposed ordinance have been revised to address the concerns regarding location. Commissioner Kriz recalled from the previous Planning Commission discussion, that the proposed overlay would not fit as well with properties less than five acres and this particular proposal was more appropriate for parcels five to 20 acres in size. He asked the staff why the less than five acre parcels were included within this proposal. Ms. Perkins said the proposed ordinance was very flexible and could be accommodated on many parcels; she said there were various ways to ensure the overlay could fit on smaller properties. Ms. Perkins said the Commission's concerns were forwarded to the Board and ultimately, it was recommended for public hearing without changes. Chairman Wilmot next called for public comments and the following persons came forward to speak: Mr. Evan Wyatt, with Greenway Engineering, had several issues that he wanted to make a part of the official record. He said that within Frederick County, this overlay is intended to bean "in -fill" product rather than for new development for urban centers. Mr. Wyatt pointed out the existing standards for arterial, collector, and local streets and he was not sure about VDOT's allowance of parking on arterial and major collector -type roads, which is typically where much of the B2 Zoning is located. He was not sure the on- street parking provided by the ordinance could be captured. The other issue raised by Mr. Wyatt was the buffer and screening • requirement. He said the language of the proposed ordinance contains the standard buffer and screening requirements; for example, a separate RP against a B2 design. He understood the goal was integration and the intent was to put these overlay areas into existing communities to provide residents the ability to walk to a business or service establishment. He said the proposed buffering language would restrict and prohibit that integration. Mr. Wyatt did not want to discourage the proposed ordinance from moving forward because it was obviously needed; however, he wanted to stand by his earlier statements that the proposed ordinance, as written, was difficult for developing smaller sites, where this ordinance will be applied most often. Mr. Patrick Sowers, with Patton, Harris, Rust & Associates, had concerns about where the proposed overlay district could be applied. He noted that the agenda package includes the proposed ordinance, as well as one attachment with a reference fora potential neighborhood village and urban center location per the Comprehensive Policy Plan. Mr. Sowers said the Route 277 Triangle and Urban Center Land Use Study identifies areas as neighborhood village /commercial. He explained that the area in question, particularly for his client, was the area between Tasker Woods and Route 522, which is identified for the neighborhood village /commercial use and would be the intended location for the proposed overlay district. He said subsequent to the Triangle Study being adopted, this particular area will be located outside of the UDA, but inside of the SWSA. Per the agenda attachment, it would need to be located within an urban center or neighborhood village as shown in the Comprehensive Policy Plan. Mr. Sowers said there was some question of whether or not, as the existing ordinance is written, the proposed overlay district could be applied to this particular property. He said his client would like to use the overlay district, if possible, and he wondered about some clarification to the wording that land use plans identifying neighborhood villages /commercial would also be intended for locations within the SWSA. He thought the ambiguity could result in a reliance on interpretation of the ordinance and it could also require an applicant to obtain a Comprehensive Policy Plan amendment to identify a new location • before this could be applied outside of the UDA. Frederick County Planning Commission Page 2268 Minutes of June 18, 2008 Win No one else wished to speak and Chairman Wilmot closed the public comment portion of the • hearing. Commissioner Oates supported the ordinance and believed it was a good plan, especially for parcels of five acres in size or larger; however, he did not think it accommodated smaller parcels well. Commissioner Oates said that rather than delay this proposal from moving forward, he suggested something for smaller parcels be drafted separately and sent to the DRRS. Commissioner Oates said he would be supportive of Mr. Wyatt drafting a proposal for the.DRRS's review. With regards to Mr. Sowers' comments, Commissioner Oates said the committee had every intention for this going into the Route 277 area. Commissioner Oates did not think there was a problem and it was simply a matter of language clarification. Commissioner Thomas asked the staff if a property would have to be identified in the Comprehensive Policy Plan as a neighborhood business area to be able to use the Business Overlay. Planning Director, Eric R. Lawrence, replied that later on this evening's agenda, the Planning Commission will be considering the Route 277 Triangle and Urban Center Land Use Study, which is the area to which Mr. Sowers was referring and incorporates what Mr. Sowers is seeking to do for his client. Mr. Lawrence said ultimately, if this Business Overlay District and the Route 277 Triangle and Urban Center Land Use Study are adopted, it will enable what Mr. Sowers is seeking to accomplish. Commission members believed the UDA ordinance amendment for a Business Overlay District was a good plan, especially for parcels of five acres in size or larger, and they were in favor of moving this ordinance forward. They agreed the proposal may not accommodate smaller parcels, those less than five acres, as easily and they supported drafting a separate proposal for review by the DRRS. In addition, they recognized the proposed ordinance amendments would more than likely need some language clarification and were supportive of these efforts. • Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, by the establishment of a Business Overlay District. The intent of the Business Overlay District is to allow traditional neighborhood design in commercially -zoned Neighborhood Villages and Urban Centers per the Urban Development Area (UDA) Study Policies. (Note: Commissioners Mohn and Manuel were absent from the meeting.) An amendment to the 2007 Comprehensive Policy Plan for Frederick County, Chapter 6, Land Use, to include the Route 277 Triangle and Urban Center Land Use Plan. This plan provides opportunities to create new communities, integrate land use and transportation choices, address community infrastructure needs and expand the County's goals for economic development in the Route 277 (Fairfax Pike) area. The plan expands the Urban Development Area (UDA) by approximately 664 acres and the Sewer and Water Service Area (SWSA) by approximately 2,360 acres. Action — Recommended Approval 11 Frederick County Planning Commission Page 2209 Minutes of June 18, 2008 -7- Deputy Planning Director, Michael T. Ruddy, spoke about the considerable public input and participation involved in the development of this land use plan; he said it truly creates opportunities in an area not previously thoroughly planned. Mr. Ruddy said the Route 277 Triangle and Urban Center Land use Study promotes five main areas of new land use focus: the Route 277 Urban Center, the Route 277 Triangle, the Center of Economy and Interstate Commercial at Relocated Exit 307, the Neighborhood Commercial area at White Oak Woods, and the.Tasker Woods location. In addition, he pointed out a significant transportation component, the proposed Route 277 Parkway. Mr. Ruddy referred to the maps accompanying the text which described the community facilities, additional needs, environmental resources, and recreational resources, in addition to sonic future community facilities needs, such as the new fire and rescue facility, a new elementary school, and expansions to existing uses. He stated that implementation of this plan includes an Urban Development Area (UDA) expansion of approximately 600 acres to support the Urban Center designation and an expansion of approximately 2,300 acres of the Sewer and Water Service Area (SWSA) to support the future economic development land uses identified within the plan. Chairman Wilmot called for public comments and the following persons came forward to speak Ms. JoAnne Leonardis, a resident of the Red Bud District and Vice President of Preserve Frederick, came forward to speak. Ms. Leonardis said the mission of Preserve Frederick is to promote compatible development that strengthens communities, protects natural and historic resources, and preserves the rural character. On behalf of Preserve Frederick, Ms. Leonardis spoke in favor of the Route 277 Triangle and Urban Center Land Use Plan and the amendment to the 2007 Comprehensive Policy Plan. She said the Plan takes an innovative approach to expanding the County's industrial and commercial tax base by promoting mixed -use land designations that give people the ability to work, live, and recreate on a human scale while providing the County with economic growth. She said road networks are improved, pedestrian mobility is promoted, stream corridors 40 Leonardis protected, and the important commercial facilities that new development will demand are provided. Ms. Leonardis was also pleased to see the Business Overlay District draft ordinance presented and approved, which will promote the traditional neighborhood development and ideals from the UDA Study. She commented that traditional neighborhood design and new urbanism principles have the potential to transform the landscape and community in a positive way. Ms. Leonardis remarked that all of the hard work that is going into this project was appreciated and applauded. Mr. Evan A. Wyatt, with Greenway Engineering, recognized the Planning Department's Deputy Planning Director, Michael T. Ruddy, for the great amount of work that went into the development of the Route 277 Triangle and Urban Center Land Use Plan. Mr. Wyatt said this plan actually started as an 80 -acre urban center request that Greenway filed and it grew into something much larger and more complex. He commended Mr. Ruddy and the committee for an excellent job, not only in creating the land use plan, but with the commurrity outreach. Mr. Wyatt spoke in favor of the plan and hoped it could be moved forward with a positive recommendation from the Planning Commission. He raised a word of caution, however, and hoped the plan could remain flexible so if there are opportunities for development, a proposal will not get bogged down with property- specific planning at a Comprehensive Policy Plan stage of development. Commissioner Ours stated this had been a very good process and a tremendous amount of input had been received from a variety of people throughout the county. In response to Mr. Wyatt's concern, Commissioner Ours stated that flexibility was definitely a part of the vision for this plan. Commissioner Ours believed the proposed plan would work well for Frederick County. Commissioner Thomas made a motion to recommend approval of the Route 277 Triangle and Urban Center Land Use Plan and the amendment to the 2007 Comprehensive Policy Plan. This motion was • seconded by Commissioner Ours and unanimously passed. Frederick County Planning Commission Page 2270 Minutes of June 18, 2008 M • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the 2007 Comprehensive Policy Plan for Frederick County, Chapter 6, Land Use, to include the Route 277 Triangle and Urban Center Land Use Plan. (Note: Commissioners Mohn and Manuel were absent from the meeting.) PUBLIC MEETING Waiver Request of the Irene Lucille Schafer Trust, submitted by Greenway Engineering, for an exception to the Frederick County Code, Subdivision of Land, Chapter 144, Article V, Design Standards, Section 144 -31, Rural Subdivisions, C(3), Minor Rural Subdivisions, to enable family division of a parcel of land on a right -of -way less than 50 feet. The property is located on Burr Stone Lane, off Wardensville Grade (Rt. 608), and is identified with P.I.N. 470 -A -2 in the Back Creek Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that Creenway Engineering is requesting a waiver, on behalf of the Irene Lucille Schafer Trust, of Chapter 144 -31 C(3), Subdivision Ordinance requirements, to enable a family subdivision of land on a right -of -way less than 50 feet. Mr. Cheran said the applicant is seeking a waiver from the minimum 50 -foot width requirement for a shared private driveway. The parent parcel is currently served by a 30 -foot right -of -way. Mr. Cheran said the application package includes • letters from adjoining property owners served by Burr Stone Lane who declined to grant property for this easement. He said the waiver would enable the creation of two family lots to be served by the existing 30 -foot right -of -way. Mr. Evan A. Wyatt, with Greenway Engineering said he was contacted by Ms. Mary Schafer Plunkert, who is the trustee for the Irene Lucille Schafer Trust, and the purpose of the request for creating the family lot is to make sure all members of the trust were afforded one piece of property, when the trust is settled. Mr. Wyatt said there are no issues in creating the lot and meeting the dimensional and acreage requirements or the drainfield and reserve areas; however, Burr Stone Lane is a 30 -foot existing right -of -way. Mr. Wyatt stated that his client's effort to acquire additional right -of -way from adjoining property owners was not successful; he referred to copies of certified letters that were included in the Commission's agenda packet. Mr. Wyatt commented that all of the properties that access Burr Stone Lane are on less than a 50 -foot right -of -way. Chairman Wilmot called for public comments at this point of the meeting and the following persons came forward to speak: Mr. Robert McFall said he has lived on Burr Stone Lane longer than anyone; he purchased his property in 1972 on the 30 -foot right -of -way. Mr. McFall said he did not want any more of his property taken for Burr Stone Lane. He didn't care if the right -of -way was taken on the other side of the road, but he did not want any of his property taken on his side of the road. Ms. Mary Schafer Plunkert, the trustee for the Irene Lucille Schafer Trust, said the right -of -way was only 30 feet when their property was purchased in 1972. Ms. Schafer Plunkert hoped to be granted the • waiver so the property could be divided between her and her siblings. Frederick County Planning Commission Page 2271 Minutes of Tune 18, 2008 • A member of the Commission commented that Burr Stone Lane was an existing gravel road and was not anticipated to be changed. No other questions were raised by the Commission. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of the Irene Lucille Schafer Trust, submitted by Greenway Engineering, for an exception to the Frederick County Code, Subdivision of Land, Chapter 144, Article V, Design Standards, Section 144 -31, Rural Subdivisions,. C(3), Minor Rural Subdivisions, to enable family division of a parcel of land on a right -of -way less than 50 feet. (Note: Commissioners Mohn and Manuel were absent from the meeting.) COMMISSION DISCUSSION Discussion of an amendment to the Frederick County Code, Chapter 165, Zoning, to enable age - restricted, multi - family housing in Frederick County. Senior Planner, Candice E. Perkins, reported that this item is a proposed zoning ordinance text amendment initiated by Patton, Harris, Rust & Associates, Inc. (PHR &A), and would allow a new housing type, called Age - Restricted Multi - Family Housing, in the RP (Residential Performance) Zoning District. She said the • requested changes are based on a desire to incorporate elevators in a cost - effective manner by permitting taller buildings with more units per building than allowed in the garden apartment housing type. Ms. Perkins said the proposal calls for the new housing type to be allowed only within proffered age- restricted developments. She noted that the new housing type is loosely based on the existing Garden Apartments housing type and she proceeded to explain the differences between them. Ms. Perkins reported that this amendment was presented to the Development Review and Regulations Subcommittee (DRRS) at their meeting on February 22, 2007 and the DRRS was supportive of the text amendment with a few modifications. The amendment was then discussed by the Planning Commission on April 4, 2007 and, subsequently, by the Board of Supervisors on April 25, 2007. She said concerns regarding the number of habitable floors and the height were raised, as well as concerns about placing this type of use adjacent to existing residential uses. Changes were made to the ordinance after the Board meeting, but consensus on the revisions was not achieved. The item was again presented at the Planning Commission's retreat in February 2008 and Board members expressed hesitation regarding the height of the structures when adjacent to existing residential units. Ms. Perkins stated that the proposed text amendment has since been revised and was presented to the DRRS in April and May of 2008. At the April meeting, the DRRS suggested that the height of the structures not be reduced and remain at 60 feet and further, that the number of habitable floors remain at four to encourage pitched roofs instead of flat roofs. The DRRS also suggested that the side and rear perimeter boundary setbacks begin at 40 feet in height instead of 35 feet, since garden apartments can be up to 40 feet in height by right. The DRRS also discussed the parking space requirements and requested that they be modified to include more spaces for the larger units. Revisions were also made to the definition of age- restricted to include the state code reference. The revisions were presented to the DRRS at their May meeting and they recommended that the • ordinance be sent to the Planning Commissioner for review. Frederick County Planning Commission Page 2272 Minutes of June 18, 2008 -10- Commissioner Kerr believed the intent of the proposed ordinance amendment was right on track, • however, he did have a concern about the amount of parking required. Commissioner Kerr said the last thing he wanted to see is an age - restricted unit with a huge asphalt parking lot. He believed the parking aspect of the amendment needed to be closely examined. Commissioner Thomas expressed his hope for the DRRS to begin work on the parking lot ordinance either this year or next. He believed there was a need for a two- tiered parking lot ordinance: one requiring a hard surface of asphalt, concrete, or paving, and the other consisting of an overflow with a "green" parking design. Other than the parking issue, no other concerns were expressed and Commission members were supportive of the proposed amendment. Ms. Perkins said she would forward the Commission's concerns about the parking requirements to the Board of Supervisors. OTHER Commissioner Oates raised an issue about some of the studies undertaken in the past where good ideas were formulated, but because of a possible flaw, the whole concept was put on a shelf. He mentioned the RA Study and, in particular, a section included within that study for rural economic diversification. He said it specified uses that could be established in the county such as wineries, feed stores, and equestrian facilities. Commissioner Oates believed that section needed to be pulled back out and pursued for adoption into the ordinance. He said no one really had any negative issues about that section; it wasjust lumped in with the RA • Study and was indefinitely postponed. Commissioner Oates said he would like to see the Planning Commission move that section forward to the DRRS. Commissioner Oates said an additional item, raised earlier in the Spring, focused on reducing warehouse size across the board. He said the Industrial Parks Association and several others were against it, especially in the M 1 and M2 areas; however, it was also going to be applied to the Business and Commercial areas. Commissioner Oates thought the Commission should revisit the subject and limit the size ofwarehouses in the B2 and B3 areas. He said warehousing is allowed as an accessory use with retail in B2 and it is allowed by right in B3; however, generally those districts arc closer to the major corridors and residential areas and he didn't think the County wanted to see a half- million square -foot building being placed on a B3 parcel Conunissioner Oates said he conducted some research and the largest building on a B3 parcel in the County is 125,000 square - feet and it belonged to Car Quest on Valley Avenue; the next largest building is Sportsplex at 900,000 square - feet. He said after those two, everything is in the 30,000 square -feet and less category. Commissioner Oates thought the County needed to adopt it for protection in the future. He commented that a structure of 200,000 square -feet and larger needs 20 -25 acres to begin with. Commissioner Oates said he would like to have the Commission direct this to the DRRS next Thursday. Commission members had no problems with these items returning to the DRRS for further study. • Frederick County Planning Commission Page 2273 Minutes of June 18, 2008 -11- • ADJOURNMENT unanimous vote. No other business remained to be discussed and the a meeting adjourned at 8:10 p.m. by a Respectfully submitted, Wilmot, Chairman Eric R. Lawence, Secretary is • Frederick County Planning Commission Page 2274 Minutes of June 18, 2008