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PC_12-17-08_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 December 17, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairtnan/Opequon District; Gregory S. Kerr, Red Bud District; Gary R Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; and Cordell Watt, Back Creek District. STAFF PRESENT: Eric R. LawTence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director- Transportation; and Renee' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Commissioner Kriz moved to adopt the December 17, 2008 Planning Commission Agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the November 5, 2008 meeting. COMMITTEE REPORTS Sanitation Authority (SA) — 12/16/08 Mtg. Commissioner Unger reported that the SA was provided with reports from their assessors evaluating the SA's operations. He said overall, the evaluation was good; however, there were a few areas where improvements were suggested. Commissioner Unger said rainfall for the month of November was 1.8 inches, • which is down slightly. Water usage was also down at approximately 4.5 million gallons per day; plants are Frederick County Planning Commission Page 2389 Minutes of December 17, 2008 -2- • functioning well. He said DEQ (Department of Environmental Quality) is cracking down on the way sewage is being released into streams to the Chesapeake Bay and by 2010 their regulations will be stricter. Consequently, the SA is looking at sonic things that may have to be changed to come into conformance. Natural Resources Committee Commissioner Kriz reported that the Natural Resources Committee sent out their report to several technical reviewers and hopes to have those comments back by the end of the month. Rural Areas Workshop Chairman Wilmot reported there will be a public meeting on the Board's recommendations on January 15, 2008. Economic Development Commission (EDC) — 12/05/08 Mtg. • Commissioner Kerr reported that the EDC had a brief meeting at the Museum of the Shenandoah Valley before the Cluster Group Holiday Luncheon. He said the main topic of discussion was the anticipated budget cuts from Frederick County; he said the EDC is not immune in this budget process. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application 911 -08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning 921 -06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. These properties are further is identified with P.I.N.s 53-A-90,53-A-91, 53 -A -92, 53- A -92A, 53- A -92B, 53-A-94,53-3-A, and 63 -A -2A in the Shawnee Magisterial District. Frederick County Planning Commission Page 2390 Minutes of December 17, 2008 -3- • Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the Willow Run project was approved back in 2007 and resulted in the rezoning of 359.97 acres to R4 (Residentail Planned Community) District with proffers for commercial land uses and up to 1,390 residential units. Mr. Ruddy said the applicant is requesting a modification to the approved rezoning. He said a key component of the original rezoning request for this property was the proffer to fully fund and construct the new Route 37/ Jubal Early Drive Interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. Mr. Ruddy said this was and continues to be a significant public improvement that addresses the transportation needs of the proposed development and the broader community. Mr. Ruddy stated the applicant is requesting to amend their approved proffer statement to allow an extension of the time to begin and complete the proposed new Route 37 interchange improvements at Jubal Early Drive. Specifically, Proffer D -5 has been revised to reflect the requested extension. He explained that currently, the applicant's commitment is to commence construction of the new interchange within 24 months of th final non - a rez oning approval, which is March 28, 2009, and complete construction within 60 months, which would be March 28, 2012, or by the issuance of the 600' building permit. Mr. Ruddy stated that the applicant's proposal is to commence construction of the new interchange within the 2012 calendar year and complete construction within the 2015 calendar year or completed no later than the issuance of the 600'" building permit. He pointed out this is a delay of approximately three- and - one -half years from the original deadline or five and one -half years from the date of original rezoning. Mr. Ruddy stated this is a relatively straight forward and simple modification to this very large project; however, in essence, the net result is a deferment of three- and -one- half years from the original rezoning for the timing of the construction of the interchange at Jubal Early Drive. • Mr. Ruddy continued, stating that a section of this specific proffer, D5, contains a provision for providing the right -of -way necessary to complete the improvements to the Route 37/ Jubal Early Interchange. This specific element of the proffer has been satisfied to VDOT's satisfaction and may be removed from the proffer statement, if necessary. He added that the right -of -way is in place to achieve the construction of this improvement; on January 18, 2007, the Commonwealth Transportation Board approved the break in access on Route 37 to allow construction of this new interchange. Commissioner Kriz asked if there were any changes regarding the aquatic center. Mr. Ruddy replied it is basically a timing issue with the proffered aquatic center, which also had a five -year time frame attached. Mr. Ruddy said the applicant has modified the timing to begin five years from the date of the potential approval of this rezoning. He said the five -year window is maintained for the aquatic center; however, it has been extended an additional two years, the same as the request for the interchange improvements. It was also noted that the five -acre area reserved for the aquatic center would not be accessible until Jubal Early Drive is constructed. Commissioner Thomas commented that the original rezoning had a number of proffers with timings attached and he had questions if all of those had been extended the same amount of time as the interchange construction. Cormmissioner Thomas also had questions regarding the possible impact the delay in the interchange construction might have on the overall traffic plan and whether the timing mechanism pinpointing the 600 building permit would still be appropriate in terms of interim traffic growth. The County's transportation planner, John A. Bishop, was available to answer questions. He said additional modeling was not required and neither VDOT nor the County Staff had additional concerns regarding the interim traffic. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Frederick County Planning Commission Page 2391 Minutes of December 17, 2008 -4- Mr. Evan A. Wyatt, with Greenway Engineering, stated that due to economic conditions, there had not been any development activity at the Willow Run project. As a result, a modification to the timing • mechanism for the construction of the interchange was felt to be necessary. Mr. Wyatt said VDOT sought assurances for two issues and both of those have been met. One was the dedication of right -of -way necessary to complete the improvements to the Route 37/ Jubal Early Interchange and the second was the proffer commitment for the construction of the interchange. Mr. Wyatt said the timing mechanism for the 2012 start was acceptable by VDOT. Members of the Commission supported the application because VDOT was satisfied with the revisions, there were no changes in the road layout of the project, there was no increase in density, the project represented a significant contribution to the County's regional transportation needs once completed, and the current circumstances surrounding the unforeseen economic landscape. Based on the points aforementioned, Commissioner Manuel made a motion to approve the rezoning. This motion was seconded by Commissioner Ambrogi and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #11 -08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning 421 -06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) C � J Rezoning Application #12 -08 of Walgreens at Dairy Corner Place, submitted by Patton, Harris, Rust & Associates (PHR &A), to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for commercial uses. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. The properties are further identified with P.I.N.s 54F-1-9,54F-1-9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, and 54F -3 -A2. Tabled for 45 Days at the Applicant's Request Deputy Planning Director, Michael T. Ruddy, reported that the property is within the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan and the Route 7 Land Use Plan. Mr. Ruddy pointed out that corridor appearance issues and site access issues are very important in this proposal. He noted that access to the site is proposed via two entrances: the primary access is proposed via Valley Mill Road, directly across from the existing Dowell J. Howard access, and a second entrance is designated on Dairy Comer Place, a frontage road paralleling Route 7. He said the applicant's proffer identifies a 15,000 square -foot pharmacy and, in addition, up to 10,000 square -feet of office space would be pennitted with the rezoning request. Mr. Ruddy said the TIA (traffic impact analysis) was based upon the proposed uses. He added that many of the issues associated with the request are long and short-tern transportation issues. • Frederick County Planning Commission Page 2392 Minutes of December 17, 2008 -5- • Deputy Director - Transportation, John A. Bishop, displayed a graphic illustrating the 1998 VDOT plan for this area, pointing out two areas of hatching with a note indicating the traffic signal will be removed and the point of access between Valley Mill Road and Route 7 would be closed. Mr. Bishop stated that Frederick County has consistently tried to adhere to VDOT's 1998 Plan since it was adopted ten years ago. He said the County's most recent update of the Eastern Road Plan, in November 2006, shows the realignment of Valley Mill Road, which aligns with Gateway Center, to be the new access point to Route 7 from Valley Mill Road. Mr. Bishop stated that the Walgreens site development proposal has created strong concerns for the long- term viability of the site as this transportation plan is implemented. He stated that VDOT's 1998 Plan also indicates the removal of the Dairy Comer Place access while the 220 Seafood restaurant access remains. He noted that the applicant shares property boundaries with the 220 Seafood restaurant. He pointed out traffic conflicts and safety issues with traffic coming out onto Dairy Comer Place from this development via the applicant's proposed right -in, right -out on Dairy Corner Place, vehicles coming out to the access from 220 Seafood, and traffic entering the 220 Seafood site from Berryville Pike. Mr. Bishop said a significant amount of analysis has been done by the applicant to point out why their proffer is sufficient, however, at this time, the staff does not necessarily agree that it is sufficient. Mr. Bishop referred to another pharmacy application approved by the Board of Supervisors in the Sunnyside area; he said the value of the improvements proposed is roughly equivalent between the two sites, even though the traffic situations are entirely different. Mr. Bishop pointed out the difference between the two sites was that one applicant was imposing traffic on a roadway system that had a higher level of congestion, while the other was imposing traffic on a roadway system in relatively good condition. He also noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commissioner Unger asked Mr. Bishop what the applicant could do differently to make the • transportation work better. Mr. Bishop said he was not necessarily opposed to the double lefts proposed by the applicant; however, he did believe the dollar amount of the proffer was lower than it should be. Mr. Bishop said he had safety concerns with how the applicant is tying into the 220 Seafood entrance between Dairy Corner Place and Route 7. He spoke about the traffic conflicts with vehicles entering and exiting the 220 Seafood site, vehicles exiting the project site from Dairy Corner Place, and vehicles coming off Route 7 at a higher rate of speed. Commissioner Kriz inquired if there had to be two entrances onto the property. Mr. Bishop replied no; he said staff has been discussing this with the applicant and VDOT. Mr. Bishop said staff is not against two entrances, depending on how the inter -parcel is done; the staff is opposed the second entrance being on Dairy Comer Lane. If the applicant was to come up with a better solution in conjunction with the owners of the 220 Seafood restaurant site or with the Bums property on the other side, staff would not necessarily have an issue. Commissioner Thomas commented that it would almost require a reconstruction of Dairy Comer Place east of their intersection to Martin Drive to make this work and Mr. Bishop agreed. Conunissioner Ruckman commented that the plan shows a proposed inter -parcel connection towards the Bums property; in the long run this could be considered a second means of access to the site. Commissioner Oates asked if the process to close down Dairy Comer Place had already been initiated and how long would it take. Mr. Bishop said the process does not take long, however, there are a few single- family residences that access the roadway. Commissioner Unger raised the issue of the monetary transportation proffer and staff's continent that it may not be sufficient compared to other similar sites. Convnissioner Unger asked how the applicant knows when they've contributed an appropriate amount, if they are not provided guidance on what is appropriate. 40 Frederick County Planning Commission Page 2393 Minutes of December 17, 2008 • Commissioner Thomas commented that traffic from this site should only come out on Route 7 at a signalized intersection. Mr. Ronald Mislowski, with PHR &A (Patton, Harris, Rust & Associates), the design and engineering firm representing this rezoning application, introduced himself and Mr. Patrick Sowers, PHR &A, and Mr. Bob Stackowitz and Mr. Gene Cunningham of Redleaf Development, the developers of this site. Mr. Mislowski said there are three existing residences on this site with driveways on Dairy Corner Lane. He said three acres of RP land under an urban design could support 11 -12 houses and entrances on Valley Mill Road and Dairy Corner Lane with a quarter million dollar impact to the County. Mr. Mislowski said the proffers include a ten -foot right -of -way dedication along Valley Mill Road, transportation improvements to provide an additional turn lane at the Route 7 intersection, and a dedicated left -turn lane for traffic going east -bound on Valley Mill to enter the site. Additionally proffered, as part of the site plan, any improvements that VDOT determines are necessary at the Martin Drive right -in, right -out will be accomplished. Language is also included in the proffer that the applicant understands the long -term plans of VDOT and the County may impact Dairy Comer Lane and their entrance may be modified. He said the applicant further understands that VDOT has the right to close an entrance it deems is unsafe. Mr. Mislowski said they are certainly aware of all the conditions of the 1998 I -81 Plan. He commented that any improvements made by the applicant at the interchange may possibly be removed when the I -81 Plan is commenced in this area. Mr. Mislowski suggested thatthe implementation of VDOT's I -81 Plan was fairly far off and he believed the developer should make work what is available now. Mr. Mislowski continued, stating that the applicant has not proffered a concept plan for this site. He said while W algreens has reviewed and approved the concept plan, construction would not start for another six to seven months at best and unforeseen changes to the site may occur; for example, Walgreens' building sizes are changing and the parking could get re- arranged. He said they cannot provide the Planning Department with substantial conformance language because they simply don't know how the site will lay out. He said they know where the entrances and the hikerfbiker trail will be and they are able to proffer those. Mr. Mislowski next talked about the applicant's TIA (transportation impact analysis). He said they met with VDOT and seeped the site. He said they were conservative on estimating square footages for the TIA, so there will be room for adjustment if things change during the plan development process, and they have been very conservative on their estimates for the development of the site. Mr. Mislowski pointed out that the TIA measures three conditions of traffic and he proceeded to explain all of the traffic scenarios and corresponding levels of service to the Commission. Mr. Mislowski said as part of their proffer package, they have made a commitment to install the additional left -turn lane for north -bound Valley Mill Road. With this additional left - turn lane on Valley Mill Road, the LOS (Level of Service) improves from the existing LOS "F" to a LOS "D." He added the LOS is based on the average delay of all the vehicles that go through an intersection; a Level of Service "D" means that each car has an average delay of 35 -55 seconds. Therefore, during the PM -peak hour, at full build -out, and assuming all the growth projections to 2015 are correct, the average delay for vehicles traveling along Valley Mill Road will be 35 -55 seconds. Mr. Mislowski next addressed the comments about the applicant's cash proffer. He said VDOT did not have any continents on the transportation improvements, nor did they have any comments on the widening of the road or turn lanes and VDOT simply advised the applicant to make a cash proffer. Mr. Mislowski said the Comprehensive Policy Plan specifically states that proffers should be based on the applicant's proportional share of the impact. He explained they referred to their TIA and for each of the conditions of traffic, they calculated the growth volumes. On Route 7, the background traffic increase is 4,770 trips and the applicant's increase in trips is 115 trips. He said that proportion of trips is the same on Route 7, the northbound off -ramp, and for Valley Mill Road. He next explained their methodology in arriving at the percentages and the cost estimates. Mr. Mislowski • next provided the Commission with the cost estimates for each of their improvements. He said the total value of the proffers recommended by the TIA is $60,000. He said their total proffer package is $101,000 and, therefore, they're exceeding what the Comprehensive Policy Plan recommends they should be proffering for their Frederick County Planning Commission Page 2394 Minutes of December 17, 2008 -7- proportional share of the impact. Mr. Mislowski said he understood the comment from staff and VDOT was that the monetary contribution was not sufficient. However, he believed the applicant should be advised on what is is wrong with the methodology they used calculating the amount, based on conformance with the Comprehensive Policy Plan and their TIA. Mr. Mislowski also made comments on street trees, a materials palette, and Martin Drive. He said they have also proffered a reserve area for an inter - parcel connector, if the adjoining site develops and the county asks them to provide an inter -parcel connector to the access, this reserved easement area will be available. He also commented that the applicant plans to close the Dairy Comer Place entrance. Regarding the question of whether two entrances were necessary for this site, Mr. Mislowski stated that Walgreens requires the second entrance; if they don't have the second entrance, Walgreens will not go onto this property. Regarding the anticipated closing of the Dairy Comer Place entrance, Commissioner Oates referred to Proffer 1.3; he asked Mr. Mislowski if he would have any objections to adding the word, "temporary," where it states, "... as well as one entrance onto Dairy Comer Place," labeling this as a temporary entrance. Also, Commissioner Oates asked about Proffer 1. 12; he understood it to mean the applicant agrees to a modification if Dairy Corner's right -of -way is used as an improvement to Route 7 and not simply closed. He said it implied that the applicant would be looking to the State or someone else to provide access out of that area of the site onto Route 7. Conunissioner Oates preferred the language to state, "...closure of the entrance by VDOT." Mr. Mislowski said he understood the concern and he pointed out the language specifically says "mortification" which could mean closure. Mr. Mislowski said he could not provide a blanket agreement that the entrance is temporary or that the entrance will be closed because Walgreens would not agree to that. Mr. Mislowski said they understood VDOT could modify that entrance to whatever degree they want and, if the entrance is modified with some alternate access to Martin Drive over their reserved easement area, then the County is still provided access to the right -in, right -out on Route 7 via Martin Drive. Commissioner Oates said it was not across this particular side of the site and he continued to have concerns with the language of the proffer, particularly with the word, "modification." Commissioner Oates suggested the applicant state, "modification and/or closure." Commissioner Oates was concerned the applicant would object, at some future time, to closing the entrance on • Route 7 in that area because of language agreed to in the proffer. Mr. Mislowski said he could not agree to make that particular change in the proffer at this time. Commissioner Thomas said he did not have a problem with Walgreens use of this site; however, he could not support the project with an entrance on Dairy Comer Place. He was not opposed to the two entrances in and out of the site, as long as it didn't include putting any traffic on Dairy Corner Place. Commissioner Thomas advised the applicant to work with surrounding property owners for a practical and usable access on Martin Drive or another access through other property to Martin Drive. Commissioner Thomas said the proposal was inconsistent with the County's future transportation plans. Chairman Wilmot called for public comments and the following persons came forward to speak: Mr. James Stillwell, a resident at 423 Highbanks Road in Stephenson, was opposed to the rezoning because he was concerned about the viewshed of corridors entering the City of Winchester. Mr. Stillwell wanted to see viewshed standards established and how the County is going to deal with the entrances into historic Winchester. He said his comments were more broad -based than simply the two exits and entrances into the proposed site. Mr. Stillwell said this is one of the first rezoning applications along the Route 7 corridor; there is a shopping center across at a higher elevation that doesn't expose the parking and blacktop. He said as this corridor begins to develop, the County needed to consider standards and planning, the type of highway, the size of buffers, and architectural controls. He said it was time to stop building ugly developments and he urged the Commission to vote "no" on this rezoning. Mr. Anthony Zorello came forward to speak on behalf of his mother and father. Mr. Zorello said his family owns a commercial property at 153 Dairy Corner Place and they wanted to know how this rezoning - would affect them because their property is currently on the market for sale. Deputy Director - Transportation, Mr. Frederick County Planning Commission Page 2395 Minutes of December 17, 2008 John Bishop, stated that the Zorello's property is located near the ice cream stand on the other portion of Dairy • Corner Place, across Valley Mill, Mr. Bishop said this application will not impact the Zorello's property. hearing. No one else wished to speak and the Chairman Wilmot closed the public comment portion of the Mr. Mislowski said Dairy Comer Place is a State road and the applicant is proposing to close an access on Valley Mill Road onto Dairy Comer Place, which will significantly decrease the trips on Dairy Corner Place. Furthermore, the applicant has proffered to make whatever improvements VDOT deems are necessary at Dairy Corner Place, Martin Drive, and Route 7. He believed the applicant has agreed to accomplish what will be needed to improve the conditions on Dairy Corner Place at least until the County or VDOT makes further changes. Mr. Mislowski pointed out that a residential subdivision on this site could create 11 or 12 entrances on Dairy Corner Place and Valley Mill Road. Commissioner Kriz said he could not support this rezoning with the entrance on Dairy Comer Place because of safety concerns. In addition, he said the applicant remarked about a proposed easement, but it is not shown on the plan. Commissioner Kriz felt the proffers had not been completely finalized at this point in time. Conmiissioner Thomas stated that the applicant's proposal is inconsistent with the County's long -range transportation planning. He said if the County is inconsistent with its long -range planning, the County will never achieve its goals. Responding to the citizen's comments on the appearance of entrances into the City of Winchester, Commissioner Thomas said the County has already accomplished a considerable amount of work on corridor appearance and existing ordinances cover many of the concerns raised. He said the County needed to be consistent with the long -range transportation plan, however, and channel traffic into areas where it can be better • accommodated. He said the entrance on Dairy Comer Place is not consistent and it will be closed in the future, whether it is in six months or six years. Commissioner Thomas said he could not support the rezoning with two entrances. Commissioner Kerr referred to the entrance on Martin Drive and stated that the applicants had proffered to make any improvements VDOT deemed necessary. He asked the VDOT representative what improvements were considered for the Martin Drive entrance. The VDOT representative said there could possibly be a turn lane going in or a taper going out. He said the distance between Route 7 and the throat of the entrance has to be appropriate, he said VDOT will want to be sure there's enough room for both an entrance and exit. Mr. Mislowsky said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens and determine if they will accept an alternative or work out an arrangement with the adjoining property owners. Mr. Mislowsky requested that the rezoning application be tabled for 45 days to provide time to consult with his client. Commissioner Kerr made a motion to accept the applicant's request to table the rezoning application for 45 days in order to provide additional time to address issues. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously table Rezoning Application 412 -08 of Walgreens at Dairy Comer Place, submitted by Patton, Harris, Rust & Associates (PHR &A) for 45 days. This rezoning application is to rezone 3.1 acres from RP (Residential Performance) • District to B2 (General Business) District, with proffers, for commercial uses. Frederick County Planning Commission Page 2396 Minutes of December IT 2008 ME (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) is STEPHENS CITY JOINT LAND USE PLAN An amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. The Stephens City Joint Land Use Plan Update provides a new orientation to the land use designations of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements the agreement. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, presented the Stephens City Joint Land Use Plan Update, which is an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. Mr. Ruddy explained that a key component of the update is the reinforcement of the need to adequately address the infrastructure and community facility components of the Joint Land Use Plan, the respective Comprehensive Policy Plans, and the Joint Annexation Agreement between the Town of Stephens City and Frederick County. He said the plan clearly states it is essential to ensure that the necessary infrastructure and com numity facilities are provided in a timely and coordinated manner. Further, any development shall fully mitigate the impacts associated with their requests and shall further the goals of the plan. • Mr. Ruddy said the Frederick County and Town of Stephens City Joint Land Use Committee met on Thursday, October 23, 2008 and the Joint Land Use Committee unanimously recommended approval of the update. At the Board of Supervisors' meeting on November 12, 2008, the Board provided direction to the Planning Staff to proceed with an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, to update the Stephens City Joint Land Use Plan. Commissioner Oates commented that the mixed use and the residential use are specifically separated in the Stephens City Joint Land Use Plan, while Frederick County has been allowing a mixing of those uses, if the property is within the SW SA and the UDA. Mr. Ruddy agreed the plan was somewhat more detailed than in Frederick County's Urban Center or Neighborhood Village, but the Town had specific ideas about the balance of uses desired and, therefore, the Committee felt the prescriptive land use was more advantageous towards the Town's future goals. Commissioner Thomas said the Committee had raised the issue of an access or a future crossing of the railroad on the southern end. While viewing the plan, he said he did not see any potential to go towards the railway and areas west of the railroad. Mr. Ruddy said the plan does not preclude that future access. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Evan A. Wyatt, with Greenway Engineering, stated he thought the proposed plan may be too specific and defined. Because this was a joint land use plan associated with an annexation agreement, he was concerned it may become too inflexible for the future. More specifically, he raised the issue of some conflicting language within the plan that he wanted to point out for the record. i s Frederick County Planning Commission Page 2397 Minutes of December 17. 2008 -10- Mr. Wyatt thought the language in the section dealing with development of commercial, office, • or industrial land use were good statements supporting the economic development potential and the economic visibility of the Town of Stephens City. However, he did have concerns about the Conservation/ Open Space section of the plan in which the language requires a 200 -foot wide strip in front of the commercial. He noted that when the County recently considered the amendments to the Route 50 West Plan, there was a similar desire for some green area, landscaping, and a hiker/biker trail along the roadway in front of buildings. Mr. Wyatt said he did not disagree with that requirement; however, he said the determination made on Route 50 West was that 50 feet was a sufficient distance to accomplish the green area. He believed the 200 -foot green strip, particularly in this area, seemed to be extremely excessive. Mr. Wyatt said he compared some land valuations for commercial properties that sold in the Kernstown area, and if a 100 -foot strip was taken off the table for this, there would be over $1,000,000 in land valuation available, not to mention the additional economic development potential. Mr. Wyatt reiterated that his two primary comments on the plan were: 1) The Plan seems to be very specific and rigid; and 2) The 200 -foot green strip along Route 11, particularly in the area where the new interchange location is supposed to be, seemed to be very excessive. the hearing. No one else came forward to speak and Chairman Wilmot closed the public comment portion of Mr. Ruddy pointed out that the one area where this land use plan may have a new orientation from where it may have been in the past is the Town's desire to preserve the appearance, distance, and character of the Route I 1 corridor. He said this was a very important component to the Town and will continue to be so. Referring to the mixed use office /industrial in this location, he said there is a new orientation from access coming off of I -81 onto the western by -pass into this area and it's a very key gateway into that part of the community. Mr. Ruddy said these are the general areas envisioned for a strong economic presence, a build -in character, and representative of what the Town and the community wants to see develop there as opposed to the Route 11 area • where the Town was looking for more of a historical corridor Commissioner Thomas made a motion to recommend approval of the Stephens City Joint Land Use Plan Update. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Stephens City Joint Land Use Plan. The Stephens City Joint Land use Plan Update provides a new orientation to the land use designations of the plan, integrates land use and transportation, and further addresses community infrastructure needs. This plan continues to cover the area encompassed by the Joint Annexation Agreement and further implements this agreement. CLARKE COUNTY PLANNING COMMISSION REPRESENTATIVE Chairman Wilmot introduced Mr. Cliff Nelson, a member of the Clarke County Planning Commission, who was in the audience of the Planning Commission and working towards his certification. • Frederick County Planning Commission Page 2398 Minutes of December 17. 2008 -11— ADJOURNMENT 0 Upon motion made by Commissioner Kriz and seconded by Conunissioner Ours, the meeting adjourned at 8:40 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R Lawrence, Secretary is is Frederick County Planning Commission Page 2399 Minutes of December 17, 2008