PC_01-07-09_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 January 7, 2009.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon
District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud
District; Gary R. Oates, Stonewall District; Richard Ruck -man, 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; Cordell Watt, Back Creek District; Roderick Williams,
Legal Counsel; and Gary Lofton, Board of Supervisors Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark
R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director - Transportation, 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.
•` Commissioner Kriz moved to adopt the January 7, 2009 Planning Commission Agenda for this
evening's meeting with the combination of Items 9 and 10, Rezoning and Master Development Plan of Governors
Hill, for consideration together. This motion was seconded by Commissioner Triplett and unanimously passed.
ELECTION OF OFFICERS MEETING SCHEDULE COMMITTEE APPOINTMENTS, AND
ADOPTION OF BYLAWS FOR 2009
The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the election of
the Chair and Vice Chair for 2009.
Election of June M. Wilmot. Chairman for 2009
Secretary Lawrence declared nominations open for Chairman for the 2009 calendar year.
The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner Thomas and
seconded by Commissioner Kriz.
A motion was made by Commissioner Kriz, seconded by Commissioner Thomas, and
unanimously passed to close nominations for Chairman.
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BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Ms.
_ June M. Wilmot as Chairman of the Planning Commission for the Year of 2009.
• --- ---- - - - - --
Election of Roger L. Thomas, Vice Chairman for 2009
Secretary Lawrence declared nominations open for Vice Chairman for the 2009 calendar year.
The nomination of Mr. Roger L. Thomas was made by Conmtissioner Ours and seconded by
Commissioner Kriz.
Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously
passed to close the nominations for Vice Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr.
Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2009.
Election of Eric R. Lawrence. Secretary for 2009
Chairman Wilmot declared nominations open for Secretary of the Planning Commission.
• The nomination of Mr. Eric R. Lawrence was made by Commissioner Kriz and seconded by
Commissioner Ours.
Motion was made by Commissioner Thomas, seconded by Commissioner Knz, and unanimously
passed to close the nominations for Secretary.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr.
Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2009.
MEETING SCHEDULE FOR 2009
Planning Commission and Committees
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours,
BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their regular
monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of
Supervisors' meeting room in the Frederick County Administration Building. In addition, the Comprehensive
Plans and Programs Committee shall meet the second Monday of each month at 7:00 p.m. in the first floor
conference room; and the Development Review and Regulations Committee on the fourth Thursday of each
month at 7:00 p.m. in the first floor conference room.
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Committee Assienments for 2009
Regarding committee assignments for the calendar year of 2009, Chairman Wilmot asked the
Planning Commission members to remain in their current committee assignments until she had the opportunity to
communicate with everyone individually and determine if everyone is satisfied with their particular role.
Chairman Wilmot next announced the following liaisons: Transportation Committee,
Commissioner Kriz with Commissioner Oates as his alternate; Historic Resources Advisory Board,
Commissioner Oates with Commissioner Kriz as his alternate; Economic Development Commission,
Commissioner Kerr; Sanitation Authority, Commissioner Unger; Winchester Planning Commission,
Commissioner Ours; Conservation Easement Authority, Commissioner Watt; and Development Impact Model,
Commissioner Manuel and Commissioner Thomas.
Bylaws for 2009
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Frederick
County Planning Commission does hereby unanimously adopt the Planning Commission's Bylaws for the
calendar year of 2009.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commssioner Triplett, the Planning
Commission unanimously approved the minutes of the November 19, 2008 meeting.
COMMITTEE REPORTS
Transportation Committee - 12/29/08 Mtg.
Commissioner Oates reported that the Transportation Committee discussed three items: 1)
setting of meeting dates for the upcoming year; 2) an update of the Six -Year Road Plan and the 80% loss of
revenue from the State; 3) a presentation of the MPO's transit study detailing bus routes, trails, and park -n -ride
lots; the committee offered comments; however, they decided to review it and make a recommendation at their
next meeting.
•
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Announcement - Rural Areas Meeting Rescheduled
Chairman Wilmot announced that the Rural Areas Work Group public meeting that was
scheduled for January 15 has been rescheduled for January 27, 2009, at 7:00 p.m. in the Board of Supervisors'
meeting room.
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 #14 -08 of Sovereign Village to revise proffers associated with Rezoning 415 -99,
Section titled, "Recreation Center," and applicable to a 3.03 -acre parcel. The proffer revisions propose
modifications to the Sovereign Village Recreation Center. The property is located at the southwestern
corner of the intersection of Rossmann and Farmington Boulevards. The property is further identified
with P.I.N. 65H- 13A -26A in the Red Bud Magisterial District.
• Action — Recommended Approval with Revised Proffers
Planning Director, Eric R Lawrence, reported this is a proffer revision applicable solely to the
recreation center which was previously proffered for the Channing Drive development in 1999. Mr. Lawrence
said over the past few years there has been discussion over the recreation facility, particularly when it would be
built and what it would constitute. He said earlier this year, concern was raised by the residents of Sovereign
Village that what the developer had proposed did not meet their expectation. Mr. Lawrence noted that in late
2008, the Board of Supervisors asked the HOA (Home Owners Association) and the developers to work
something out. Mr. Lawrence was pleased to report the Sovereign Village HOA and the developer, Manning &
Ross, are supporting the proposed proffer revision.
Mr. Lawrence stated when the proffer was adopted in 1999, it called for the recreation center to
have a 3,000 square -foot recreation facility with a pool. He said approximately one - and -a -half years ago, the
School Board began construction on the 12'" elementary school in the vicinity of the proposed recreation center.
A component of the elementary school contains facilities, such as a community room and a fitness center, which
are available outside of the school day for the community to use. He said the belief was with the school having
available community facilities, the 3,000 square -foot facility may not necessarily be as important for this
Channing Drive area.
Mr. Lawrence said the proffer revision eliminates the 3,000 square -foot requirement for a
building and offers a 30'X50' swimming pool with bathhouses and registration, check -in area, storage area, and
picnic tables. He said a preliminary site plan has been submitted and the HOA has endorsed the proffer revision.
Mr. Lawrence added that by MDP (master development plan) requirements, the facility has to be constructed by
• July 9, 2009; the HOA has suggested a July 4, 2009 closing date, which the developer has agreed to. There is
some additional information in this particular proffer to guarantee the facility is open by July 4, 2009, so the
neighborhood can have a July 4 celebration.
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• Chairman Wilmot called for public comments and the following persons came forward to speak:
Mrs. Barbara Lewis, President of the SVHOA (Sovereign Village Home Owners Association),
said the SVHOA is quite satisfied with the revised proffer. Mrs. Lewis said the swimming pool is not the
30'X80' pool they initially sought, but that size pool would have required $60,000 a season to operate, $24,000
to insure, and 500 memberships to generate the income. Needless to say, the Sovereign Village Home Owners
could not have handled that burden. Mrs. Lewis said the SVHOA is grateful to Mr. Doran, Mr. Hott, and Mr.
Robertson of the Parks & Recreation Department for taking another look at the situation and sharing their
findings with the home owners. She said they will now be getting a pool which is reasonable for their community,
both in terms of costs and numbers. In addition, the SVHOA was willing to forego the recreation center for
economic reasons as well; it would have to be staffed and maintained year- around to be of any use. She said the
home owners will be, happy to use the recreational facilities in the new neighborhood school instead. Mrs. Lewis
thanked the developer, Manning & Ross, the Board of Supervisors, the Planning Department, the Parks &
Recreation Department; and the residents for their roles in working out this amicable solution.
Mr. Lee Toffers, a resident of Sovereign Village, asked if showers were required to be installed
in the bath houses for swimming pools of a certain size.
Mr. Lawrence said the developer specifically proffered toilets, sinks, changing areas; the showers
have not been proffered to be included. Mr. Lawrence said he checked with the Building Official and showers are
not a requirement of the County or the State Health Code.
Commissioner Thomas commented that the swimming pool is still too small for this size
• community and he thought it should be 36 -40 feet by 75 feet. He said the proposed pool is a non - standard size
and all the equipment purchased for it will have to be specially fabricated.
Commissioner Kerr was satisfied with the proposal if the SVHOA was happy with it.
Commissioner Kerr made a motion to recommend approval of the proffer revisions. This motion was seconded
by Commissioner Mohn and passed by a majority vote.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application 414 -08 of Sovereign Village to revise proffers associated with Rezoning 415 -99, the
Section titled, "Recreation Center," and applicable to a 3.03 -acre parcel. The proffer revisions propose
modifications to the Sovereign Village Recreation Center.
The majority vote was as follows:
YES (TO REC. APPROVAL) Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Oates, Ruckman, Manuel, Ambrogi,
Watt, Unger
NO: Thomas
Rezoning Application 413 -08 of 1932 -1958 Senseny Road, submitted by Painter- Lewis, P.L.C., to rezone
3.93 acres from RP (Residential Performance) District to 132 (Business General) District with proffers for
• a commercial project that may include a pharmacy. The properties are located in the southeastern
quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656). These
properties are further identified by P.LN.s 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A- 2 -1 -4, and 65A-
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2 -1 -5 in the Red Bud Magisterial District.
Action — Recommended Approval with Proffers
Deputy Planning Director, Michael T. Ruddy, reported this particular rezoning application is
somewhat different than the one considered by the Commission a couple years ago, primarily because the
application includes several additional parcels, moving east along Senseny Road, and those parcels provide the
property with frontage which aligns with the recently constructed signalized intersection of Orrick Commons and
Senseny Road. Mr. Ruddy said the site is located within the UDA (Urban Development Area) and the SWSA
(Sewer and Water Service Area) and the land use is appropriate in this particular location. He said significant
changes regarding the transportation include the provision of a full commercial entrance at the existing traffic
signal at Orrick Commons and a restricted right -in only entrance to the west of this signalized intersection.
Additionally, the application has modified the entrance on Greenwood Road to be a right -in, right -out only and is
further controlled with a median within the Greenwood Road location. Mr. Ruddy said the primary conccm with
the previous application was the potential for stacking on Greenwood Road, making a left-hand or westbound
movement onto Senseny Road, and the concern was with this being a full entrance, the stacking could potentially
create a problem with vehicles trying to make a left turn movement into the commercial property. He said with
the additional controls at the Greenwood Road intersection and a full commercial entrance at the Orrick
Commons intersection, the outstanding concerns with the original application have been addressed.
In smrunary, Mr. Ruddy said the applicant has provided a GDP (generalized development plan),
which identifies improvements within the right -of -way of Senseny and Greenwood Roads. It also identifies the
development of the site and the location of the pharmacy, He noted that the pharmacy is limited to 13,225 square
feet with the potential for up to 30,000 square feet of commercial land uses. He said the applicant has also
• proffered an additional $25,000 for transportation improvements which may be used in the Senseny Road and
Greenwood Road corridor areas; the applicant has proffered a $5,000 contribution for fire and rescue purposes,
and the applicant has agreed to provide a monument on the site commemorating the Greenwood School. Mr.
Ruddy said the rezoning application is generally consistent with the Comprehensive Policy Plan, particularly with
the long -range transportation elements of the plan.
Mr. John Lewis with Painter- Lewis, P.L.C., representing the project, said this application was
very similar to the project that came before the Commission about one year ago; however, with the addition of
four properties, they have drastically improved the transportation problems.
Chainnan Wilmot called for public comments and the following persons came forward to speak:
Mr. Robert W. Russell, a resident at 109 Greenwood Avenue, had concerns about the kinds of
commercial uses that were planned behind his home. He was also concerned about water runoff onto his property
and the increased traffic on Greenwood Road.
Mr. Michael C. Dorgan, a resident at 1968 Senseny Road, said the diagram he received from
Painter- Lewis, P.L.C. showed a pharmacy, a Citibank, and a restaurant. Mr. Dorgan said the only use addressed
by the Commission this evening was the pharmacy; he asked about the status of the other two uses. He also
inquired about the type of buffer proposed between the shopping center and the residential houses.
Ms. Shelly Gochenour, a resident at 113 Greenwood Avenue, was concerned about the safety of
neighborhood children and privacy for the adjoining residences. Ms. Gochenour was also concerned about the
possibility of a restaurant dumpster near her home.
•
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Ms. Kathy S. Kerns, a resident at 918 Greenwood Road, said her home had frontage on
Greenwood Road, across the street from the proposed pharmacy. Ms. Kerns said the heavy traffic on Greenwood
Road made it hazardous to cross the road to get to her mailbox and it was difficult exiting her driveway both left
and right. She said the proposed median presented a concern because she was uncertain how far the median
would extend down Greenwood Road and possibly obstruct her driveway. She also had questions about the type
of lighting proposed for the site, vehicle lights shining into her home, the hours of operation, and the exterior
appearance of the pharmacy building. Ms. Kerns was opposed to a two -story pharmacy structure because all of
the surrounding residences were one story. She commented that the rezoning sign had fallen over before
Christmas. In addition, Ms. Kerns questioned why her district representative on the Planning Commission had
abstained from voting on this application the previous time it came before the Commission.
No one else wished to speak and Chairman Wilmot closed the public comment portion of the
hearing.
In response to Ms. Kathy Kerns' questions on why her district representative had abstained
during the previous consideration of a rezoning for this site, Commissioner Mohn said he understood Mrs. Kerns'
confusion, but his participation in the first public hearing occurred prior to his knowledge that a company
affiliated with his prior employer was representing the contract purchaser /applicant. Commissioner Mohn said as
he was aware of this relationship when the application returned to the Commission, he opted to remove himself
from further discussion or action on the item due to a potential conflict of interest. He further noted that he had
changed employers since the initial rezoning was considered by the Commission and therefore, was no longer
constrained by a potential conflict of interest. As such, Commissioner Mohn said lie would participate in the
current public hearing this evening.
® In response to the adjoining property owners' concerns and questions, Mr. Lewis stated the
informational package that was sent to the adjoining property owners included a conceptual plan showing a
pharmacy and two other potential uses. Mr. Lewis said the pharmacy has been proffered; negotiations are
currently taking place with a bank, and the only use that could possibly fit on the remainder of the parcel would be
a small restaurant or a small retail building. Regarding the property owner's concern about storm water runoff,
Mr. Lewis said the storm water management must be properly designed to meet County and State regulations so
there is no runoff to the adjacent parcels. In order to improve traffic flow, they have added lanes, signalization,
and pedestrian crossing facilities; the applicant is also executing the County's Eastern Road Plan as far as
Senseny Road being a major collector and Greenwood Road being a minor collector. Mr. Lewis said there will be
a 50 -foot building buffer along the rear of the properties, as well as a 25 -foot landscaped buffer which will
contain a six -foot high opaque fence and a significant amount of landscaping extending from Greenwood Road to
Senseny Road. He anticipated this buffer and screening will minimize the impacts to the adjoining property
owners. Mr. Lewis said dark -sky compliant pole lights will be used and they will submit a photometric plan
showing there will be no off -site spillage of lighting. Regarding Ms. Kerns' concern about the median, Mr. Lewis
said the median will be designed to prevent left turns going southbound on Greenwood Road into the site; the
median , Mll stop as far south as possible to allow Ms. Kerns the ability to go northbound. Mr. Lewis added that
the pharmacy structure will be a masonry building with drivel accents; the hours of operation is typically 7:00
a.m. to 10:00 p.m.; however, this is a market - driven qualification. The pharmacy will want the ability to switch to
24 -hour operation, if the market demands, and is typical for all of the pharmacies in the area.
Commissioner Oates said that one of the citizens was concerned about the possibility of a car
wash going on this site. Commissioner Oates asked about the possibility of the applicant eliminating uses that
would be either noisy or a nuisance to the neighbors. Mr. Lewis said he didn't think it would be a problem to
eliminate some uses.
•
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Commissioner Unger said he was satisfied with what the applicant has done for this site.
Commissioner Unger said he would be concerned if Ms. Kerns could not turn left out of her driveway and,
hopefully, the applicant can accommodate her. Mr. Lewis believed this could be accomplished.
Connnissioner Mohn made a motion to recommend approval of the rezoning with the inclusion
of the applicant's agreement to eliminate car washes, in particular. This motion was seconded by Commissioner
Kerr and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application 413 -08 of 1932 -1958 Senseny Road, submitted by Painter - Lewis, P.L.C., to
rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General) District with proffers for
a commercial project on this site which includes a pharmacy and the elimination of any car wash use.
Rezoning 915 -08 of Adams Commercial Center, submitted by Greenway Engineering, to revise proffers
associated with Rezoning 902 -05 for 28.10 acres of land, zoned B3 (Industrial Transition). This revision is
intended to remove the previously proffered uses on the site. The property is located north of the City of
Winchester, fronting on the west side of Martinsburg Pike (Route 11), opposite the intersection with
Stephenson Road (Route 664). The property is further identified with P.I.N. 44 -A -75 in the Stonewall
Magisterial District.
Action — Recommended Approval with Proffers
• Senior Planner, Candice E. Perkins, reported that with this proffer revision, the applicant is
requesting to revise the existing proffered conditions relating to the permitted uses for the property. Specifically,
the proffers from Rezoning 402 -05 limited the uses on the site to office, building materials and lumber stores,
wholesale, warehouse, and self - service storage facilities. The proffer also limited the site to 555,000 square feet.
Ms. Perkins said the revised proffer lists certain uses that will be prohibited on the site, but it removes those uses
that could only be built on the site. She said the revision also eliminates the square - footage cap and modifies the
vehicle trips per day proffer. The revised proffer now also accounts for the construction of a ten -foot asphalt path
along Route 11, the frontage of the site.
Commissioner Thomas inquired what the biggest differences were between the new and previous
proffers, particularly the largest vehicle generation uses. Ms. Perkins responded that what they tried to achieve
with the list of uses proffered out are some of the higher trip generation uses; for example, amusement and
recreational services and restaurants. She said there are still some B3 uses, but they are not high - traffic
generators. The vehicle cap remains at 4,603 trips. Commissioner Thomas asked for the maximum allowable
square footage build out for this site. Ms. Perkins said it would depend on the use and what the trip generation
would be. She said a low trip generation would allow a higher square footage; for example, a warehouse or self -
storage. Commissioner Thomas commented there was no characterization of trips, such as vehicles versus tractor
trailers.
Mr. Evan A. Wyatt, with Greenway Engineering, was representing the Adams Commercial
Center. Mr. Wyatt said when this property was rezoned to B3 (Industrial Transition) four years ago, a GDP
(generalized development plan) was proffered with the rezoning. He said the GDP showed land bay bubbles
identified with specific uses, such as office, self- service storage, etc. He said this was mistakenly done with the
. assumption the applicant could mix and match uses inside the project site. Mr. Wyatt said they started with the
GDP to eliminate the various land bay bubbles. He said, in addition, the property owner had different parties
interested in the site that were not the five specific uses originally intended, although they were fairly low traffic
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of
generators. Mr. Wyatt said he discussed this with the Planning Staff and the solution arrived at was instead of
just eliminating the land bay bubbles, the applicant could proffer out specific B3 uses that were high traffic
generators and provide more flexibility to the site. Furthermore, he said when the original rezoning was done, the
traffic impacts were based on about 4,600 vehicle trips and this hasn't changed; he said three land bays from the
GDP have been sold to separate owners and site plans have already been approved. With this proffer, the
applicant has reduced the 4,600 vehicle trips to account for what was on those approved site plans, in order to
provide them with an allocation of the 4,600 trips should they choose to expand, and the remaining trips were
allocated to the portion that has not been site planned at this time.
Mr. Wyatt continued, stating the Planning Staff had asked the applicant to consider the provision
of a ten -foot hiker biker trail and the applicant agreed it was an appropriate addition to the proffer. Another
suggestion made was to provide an opportunity for this property to access Yard Master Court on the M 1 property
immediately to the south. Mr. Wyatt said the applicant has included provisions for a 50 -foot right -of -way
reservation strip and he read the language guiding that reservation strip, as follows: "The applicant hereby
proffers to reserve a 50 -foot wide strip of land between Yard Master Court and Tax Parcel 44 -1 -D, the adjoining
property, to allow for the construction of a future public street connection by others. The general location of this
reservation area shall be provided on the GDP, however, it is recognized that the location can be shifted without
the need for conditional zoning approval. All costs associated with establishing the future public street shall be
borne by the owner of Tax Parcel 44 -1 -D or by others in the application." Mr. Wyatt said that as part of this
rezoning consideration, the applicant would be willing to add the exhibit to the GDP as well as the proffered
language he read.
Commissioner Unger inquired if the property owner to the south would have to purchase the
right -of -way or if it was available for their use. Mr. Wyatt said the property would be there for their availability,
• but they would need to have it platted, designed, and constructed.
Chairman Wilmot called for public comments. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the hearing.
Commissioner Ruckman believed the applicant had addressed the issues of concern.
Commissioner Ruckman said the original application was fairly restrictive and even though this revision has
opened up the uses somewhat, the applicant has still proffered out quite a few of the high- traffic uses for the site.
He was pleased to see the easement to the south for the right -of -way and the applicant's provision of a ten -foot-
wide bicycle path along the front of the property.
Commissioner Oates made a motion to recommend approval of the rezoning with the revised
proffers and GDP offered by the applicant and the addition of the 50 -foot reservation strip, with corresponding
language read by the applicant, to be included within the proffer. This motion was seconded by Commissioner
Ruckman and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application # 15 -08 of Adams Commercial Center, consisting of 28.10 acres of land, zoned
B3 (Industrial Transition) submitted by Greenway Engineering, with the revised proffers and GDP (generalized
development plan) offered by the applicant and the addition of a 50 -foot reservation strip with the following
associated language: "The applicant hereby proffers to reserve a 50 -foot wide strip of land between Yard Master
Court and Tax Parcel 44 -1 -D, the adjoining property, to allow for the construction of a future public street
connection by others. The general location of this reservation area shall be provided on the GDP, however, it is
recognized that the location can be shifted without the need for conditional zoning approval. All costs associated
. with establishing the future public street shall be borne by the owner of Tax Parcel 44 -1 -D or by others in the
application."
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Rezoning Application #10 -08 for Governors Hill, submitted by PHR &A (Patton, Harris, Rust &
Associates, Inc.), to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned
Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District with revised
proffers associated with Rezoning 911 -05. The properties are located approximately one mile east of 1-81
on the south side of Millwood Pike (Route 50East), across from Sulphur Spring Road (Route 655) and The
Ravens subdivision. The properties are further identified with P.I.N.s 64-A- 83,64- A- 83A,64 -A- 84,64 -A-
85, 64 -A -86, and 64 -A -87 in the Shawnee Magisterial District. This rezoning application is to be
considered together with the following public meeting:
Master Development Plan 908 -08 for Governors Hill, submitted by PHR &A (Patton, Harris, Rust &
Associates, Inc.), for mixed use commercial/residential. The properties are located approximately one
mile east of I -81 on the south side of Millwood Pike (Route 50East), across from Sulphur Spring Road
(Route 655) and The Ravens subdivision. The properties are further identified with P.I.N.s 64 -A -83, 64-
A-83A, 64 -A -84, 64 -A -85, 64 -A -86, and 64 -A -87 in the Shawnee Magisterial District.
Action — Recommended Approval with Proffers
Senior Planner Candice E. Perkins reported the Governors Hill application includes both a
rezoning and a MDP (master development plan). Ms. Perkins said the rezoning is for 39.7 acres to be rezoned
from RA (Rural Areas) to R4 (Residential Planned Community) District with proffers, as well as the application
for the balance of the development, the 238.3 acres, zoned R4, with revised proffers. In total, the request consists
. of 278 acres intended for mixed use; with this development, there would be 161 acres of commercial use and 550
residential units. Ms. Perkins pointed out that the 550 residential units are not new; they were approved with the
previous rezoning application in 2005. She said this new application would only add land area to the
development, as well as revise the transportation proffers for the development.
Ms. Perkins said the proffers contain a proffered MDP, as well as proffered design and
development standards. She noted that included within the design standards are two requests for modifications
that are consistent with the previous rezoning application. The first modification is related to the mixture of
housing types and the second is for the acreage of commercial land contained within the development. She
explained that these two modifications are exactly the same as those included in approved Rezoning Application
411 -05, but due to the RA application, they will have to be re- approved to pertain to the whole development. Ms.
Perkins stated that overall, many of the proffers contained within the rezoning application are consistent with
Rezoning Application 411 -05, but there have been changes. She next turned the presentation over to Mr. John
Bishop, Deputy Director- Transportation, to review the transportation aspects of the rezoning application.
Mr. John Bishop, Deputy Director - Transportation, presented a slide of the Eastern Road Plan to
explain how this plan implements a Board of Supervisors' requested change involving the extension of
Coverstone Drive to Inverlee Way, how it allows for a scaling back of VDOT- funded improvements to Sulphur
Springs Road, which may potentially free up some funding for other locations, and how it allows for previously
approved revenue sharing funds at the intersection of Inverlee Way and Route 50 to be reallocated to other
projects. Mr. Bishop next reviewed a few areas of concern, which included: 1) the scaling back of commitment on
the design of relocated Route 522 by placing a time deadline that did not exist in the original proffers without a
value compensation; 2) the lack of access management on the proffered section of Coverstone Drive, particularly,
the current graphics depict entrance spacing of approximately 800 feet which is insufficient for the long -range
• purpose of this roadway; 3) the expansion of developable square footage should be tied to roadway function and
not just trip counts; 4) the lack of full funding for improvements at the intersection of Costello and Prince
Frederick; 5) no trigger for participation in the Victory intersection; the proffer could be improved by adding
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flexibility; and 6) coordination at Sulphur Springs.
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Mr. Ronald Mislowsky, with PHR&A (Patton, Harris, Rust & Associates, Inc.), introduced
• himself and Mr. Patrick Sowers and Mr. Michael Glickman of PHR &A, and also, Mr. John Conrad, who was
representing Governors Hill Development, LLC and Carpers Valley Development, LLC. Mr. Mislowsky
provided his comments on each of the issues raised by Mr. Bishop.
Commissioner Kriz requested clarification on two proffer revisions. Mr. Mislowsky said the
applicant agrees to revising the proffer so the cost for the Coverstone Drive design is treated the same way as the
cost for signalization is treated, which is if the county doesn't request it by 2018, the cost of the design would go
to the county for transportation improvements. Regarding Proffer 15.12, Mr. Mislowsky said VDOT would
approve the estimated costs.
Mr. Bishop stated that it appeared the concessions made by Mr. Mislowsky deal with most of the
issues. He said he did not necessarily agree that it's not appropriate to take another look at the impacts once 1.3
million square feet of development is reached, regardless of the trip count, because as the TIA is developed, the
applicant is making a guess as to the number of trips that will take place.
Chairman Wilmot next called for public continents and the following person came forward to
speak:
Ms. Serena (Renny) R Manuel, the Executive Director of Winchester Regional Airport, said the
only comment the Airport Authority had in regards to the rezoning request and the changed MDP was to change
the language under Environment, Section 14, Subsection 14.3. As a part of the 2005 zoning approval by the
Board of Supervisors, the applicant had proffered to include language to establish an avigation easement over the
entire property. The way in which the language is currently written, states that the Airport and the applicant shall
mutually agree in regards to the language. Ms. Manuel said in her letter of October, 2008, she requested that the
•
language of that particular proffer be changed to say that the applicant shall convey to the Winchester Regional
Airport Authority an avigation easement to provide further protection for airport operations and she had attached
a deed easement and restrictions, which is a standard form used by the applicant and the Airport Authority on
prior land transactions. Ms. Manuel stated that she noticed in the updated package that proffer has not been
changed. She said since October 2008, the two parties have still not arrived at a mutual agreement on the
language for the avigation easement. In order to protect the current and future operations and growth of the
Winchester Regional Airport, she requested the Commission consider implementing the airport's comment letter
into the application as a condition on the recommendation for approval.
No one else wished to speak and Chairman Wilmot closed the public comment portion of the
hearing.
Commissioner Thomas remarked that the intersection of Prince Frederick and Coverstone Drive
was not discussed. He asked Mr. Bishop if he had any concerns regarding the functioning of that particular
intersection. Mr. Bishop felt it could become an issue over time, but it would not be until the extension and Route
522 is completed. He expected the signalization of that intersection would be done at that time, likely by someone
else.
Commissioner Oates asked Mr. Mislowsky to respond on the avigation easement issue and Mr.
Bishop's final comment. Mr. Mislowsky said that Ms. Manuel was correct in that previously, the language
proposed by the airport was done, but it was for county-owned properties. Mr. Mislowsky said that what they are
looking at now is applying the same easement to properties that are to be sold to homeowners and will be sent to
banks. He said the lenders have to review and accept the language. He said it was the opinion of the applicant's
• attorney that the language is too convoluted. Mr. Mislowsky said both the applicant's attorney and the airport's
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Minutes of January7, 2009
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attorney have been working on the language so that it is satisfactory to both sides and from the applicant's point
of view, an agreement can be reached. With regard to Mr. Bishop's concern that if the applicant gets to 1.3
million square feet and have not yet exceeded the 45,000 trips per day, then at that point, the applicant would
agree to an update of the TIA to see what impact the increased area would have. Mr. Mislowsky believed it
should be handled like a 527 request, where the TIA is done and is provided as information to the county and
VDOT for their plarming.
Commissioner Thomas believed the transportation plan was improved over the previous version.
He said it has the potential to be a large development and has the potential to be a great source of tax revenue for
the county, if the commercial is fully built out. Commissioner Thomas believed the concerns could be worked
out.
Commissioner Kriz was satisfied with the change in proffers; however, the Commission needed
to make sure the airport is protected.
Conunissioner Manuel supported the Inverlee/ Coverstone connectivity because it provided a
much safer alternative to the Sulphur Springs connection. He believed in moving forward to avoid unsafe
intersections, such as the Route 522 South and Clydesdale and also at Route 522 North and Cross Roads Grocery.
Commissioner Manuel commented that the Commission needed to move forward to having Charming Drive as the
major collector and to take the onus off of Sulphur Springs Road.
Commissioner Manuel made a motion to recommend approval of Rezoning # 10 -08 and MDP
#08 -08 of Governors Hill with the two proposed waivers, Section 165 -71, Mixture of Housing Types, and
Section 165 -72.D, Commercial and Industrial Areas, and also including: the applicant's proffer that an amount
® equal to the cost of designing the 800 feet of Coverstone Road will be turned over to the County if not used by
2018; the acceptance of the applicant's proffer to concede changes to proffer 15 -12; the acceptance of the
applicant's proffer to do a 527 Application adjustment, and the completion of the avigation easement prior to the
first building permit. 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 410 -08 for Governors Hill, submitted by PHR &A (Patton, Harris, Rust &
Associates, Inc.), to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned
Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District with revised proffers,
together with Master Development Plan #08 -08 for mixed use commercial/residential with two proposed waivers,
Section 165 -71, Mixture of Housing Types, and Section 165 -72.13, Commercial and Industrial Areas, and also
including: the applicant's proffer that an amount equal to the cost of designing the 800 feet of Coverstone Road
will be turned over to the County if not used by 2018; the acceptance of the applicant's proffer to concede
changes to Proffer 15 -12; the acceptance of the applicant's proffer to do a 527 Application adjustment; and the
completion of the avigation easement prior to the first building permit.
PUBLIC MEETING
Request by James and Linda Michael for a waiver of the Frederick County Code, Chapter 144,
Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions (C)(3), Minor Rural
Subdivisions, to enable division of a parcel of land on a right -of -way less than 50 feet. The property is
® located approximately 2,901 feet east of Cedar Creek Grade (Route 622) on Fawcett Run Lane. The
property is further identified with P.I.N. 72 -A -29G in the Back Creek Magisterial District.
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Action — Recommended Approval
Zoning and Subdivision Administrator, Mark R. Cheran, reported that the requested waiver
would only apply to the creation of the two lots as depicted on the attached plat from Christopher Furstenau,
dated January 29, 2008. Mr. Cheran pointed out that Lot 1 is the resulting parent tract and Lot 3 is the new lot.
He explained that Mrs. Linda Michael, the applicant, has stated the reason for the waiver request is to provide
relief from a 50 -foot right -of -way; the parent parcel is currently served by a 30 -foot right-of-way. He said the
applicant is seeking a waiver from the minimum width requirement for a shared private driveway; the minimum
right -of -way width for a shared private driveway is 50 feet. Mr. Cheran noted that letters have been included in
the agenda packet from property owners adjoining the proposed driveway access who declined to grant the
requested easement.
Commissioner Thomas inquired what would prevent Lot 1, consisting of 11.164 acres, from
being subdivided further as a family subdivision, especially if the property was sold. He questioned whether a
waiver restriction could be placed on the lot to prevent further subdivision.
Chairman Wilmot called for public comments and the following person came forward to speak:
Mrs. Linda Michael, the property owner and applicant, stated that she and her husband own the
entire 16 acres. She explained that the electric company, Allegheny Power/TRAIL, is purchasing the 11.164
acres with their existing home and this will provide her and her husband the financial ability to construct a
retirement home on the subdivided five acres close to their daughter. Mrs. Michael said they constructed the 30-
foot road in 1987 when they purchased the property from Mr. Thomas Scully, Sr. She said her neighbors are in
favor of them staying at this location; however, they have signed letters choosing not to have the right -of -way
increased to 50 feet because of the financial reasons of giving up their land. She said the neighbors have fences
and this is all rural land.
No one else came forward to speak and Chairman Wilmot closed the public comment portion of
the meeting.
Conunissioner Kriz said that since the majority of the land is going to the power company, he
didn't have any problems with it; however, he supported placing restrictions on future subdivisions of this type to
prevent additional subdivision of the same parcel.
Commissioner Unger made a motion to recommend approval of the subdivision waiver request.
This motion was seconded by Commissioner Thomas and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of Request by James and Linda Michael for a waiver of the Frederick County Code, Chapter 144,
Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions (C)(3), Minor Rural
Subdivisions, to enable division of a parcel of land on a right -of -way less than 50 feet.
Appeal by Matthew Carroll and Roger Carroll of the Zoning and Subdivision Administrator's Decision to
allow direct vehicle access to a major or arterial road. This appeal is submitted by Michael E. Briel,
Esquire, for a waiver exception of Article V, Design Standards, Section 144 -17 Streets, B(1) Street
Layout, of the Code of Frederick County, Subdivision of Land. The property is located at 115
Winterberry Court in the Oakdale Crossing subdivision. The property is further identified with P.I.N.
541 -2 -65 in the Shawnee Magisterial District.
Frederick County Planning Commission Page 2412
Minutes of Januarv7, 2009
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Action — Zoning and Subdivision Administrator's Decision Upheld
Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant is appealing
the decision of the Zoning and Subdivision Administrator regarding the interpretation of Chapter 144, Section
17B(1) of the Frederick County Code, Subdivision of Land. Mr. Cheran explained this section of the Code does
not allow for residential lots to have direct access to major collector roads. He said the applicant was cited for
construction of a private driveway entrance directly onto a major collector road, Senseny Road, Route 657, this
private driveway is located within an 80 -foot road efficiency buffer, which is depicted on the approved MDP
(master development plan) for Oakdale Crossing. Mr. Cheran said this property currently has an approved access
entrance to a local road, Winterberry Court.
Mr. Cheran said the private driveway should not be' allowed, as the property has access to
Winterberry Court. He said the staff is recommending that the Planning Commission and the Board of
Supervisors affirm the decision of the Zoning and Subdivision Administrator in the administration of this section
of the Code of Frederick County.
Michael E. Briel, Esquire, was present on behalf of Mathew Carroll and Roger Carroll, the
property owners. Mr. Briel provided the Commission with some history of the site. He stated that the only way
to access the garage on the basement level is through the driveway in the back. Mr. Briel said his clients are
present today in response to being cited for a code violation of residential streets. Mr. Briel remarked this is a
driveway and not a street and, furthermore, the driveway was approved by V DOT. He said there was no possible
way this driveway could be used for through traffic. In addition, he said the specific ordinance cited deals with
new residential lots and this lot was platted in 1990, which is hardly a new lot. Mr. Briel said his clients
® purchased this property knowing a violation existed, but now his clients are being cited for a violation on a
different code section and they believe it does not apply to them. Mr. Briel stated that the Carrolls do not violate
the specific code section cited because their driveway is not a throughway, it is not a road, and this is not a new
subdivision.
Chairman Wilmot called for public comments and the following person came forward to speak:
Mr. Kevin Lee, an eight -year resident at 103 Winterberry Court, said the Carroll's house was the
most recent one built on this street and has four stories. He said the house has a driveway for the two -car garage
along with the basement garage capable of storing eight or ten cars. Mr. Lee said the neighborhood residents
understood it was against VDOT regulations to construct a driveway onto Senseny Road. He said the builder
knew the Senseny Road driveway was in violation and part of the reason why this house never sold was because it
was in violation. Mr. Lee said when the house was finally sold, the driveway opening to Senseny Road was
closed off with a fence and trees were planted against the back, including one in the middle of the driveway. He
said that within a couple weeks, the fence over the driveway was taken down and the tree was removed. Mr. Lee
pointed out Crestleigh Drive, the tum -out lane for Oakdale Crossing. He said where this driveway intersects with
Senseny Road is where motorists start to pull off Senseny Road to enter Oakdale. Mr. Lee said every time he
drives through there, he is worried about someone pulling out of that driveway; he said it was very dangerous.
Mr. Lee said there was never supposed to have been a bottom story; he said that floor was supposed to have been
the foundation for the house, but the builder decided to make space for an auto - museum instead.
Commissioner Thomas referred the staff to the garage in front of the house with access to
Winterberry Court. Commissioner Thomas asked if the owners had access to this garage in front of the house and
whether it had garage doors and parking space for vehicles. Mr. Cheran replied yes.
C�
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Minutes of January7, 2009
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Commissioner Mohn commented that this section of the Code, Chapter 144, Section 1713(1h is
quite clear and has no ambiguity. He said he drives by this site every day and has asked the staff on numerous
occasions how this violation occurred. Commissioner Mohn said he was glad things were moving ,cv. some
form of resolution. He believed it was appropriate to uphold the Zoning Administrator's decision in this case.
Commissioner Ambrogi stated this site was located on a down -hill curve with Oakridge to the
west and the entrance to Oakdale Crossing just to the east. He said site distance along the road was somewhat
impeded by embankments. In addition, he said the traffic moves quite fast and the road was heavily traveled.
Commissioner Ambrogi believed it was too hazardous to have this entrance onto Senseny Road.
Commissioner Ambrogi made a motion to uphold the Zoning and Subdivision Administrator's
decision on this issue. This motion was seconded by Commissioner Thomas and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend that
the Zoning and Subdivision Administrator's decision be upheld on the appeal of Michael E. Briel, Esquire, on
behalf of Matthew Carroll and Roger Carroll.
ADJOURNMENT
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the meeting
adjourned at 9:00 p.m. by a unanimous vote.
0
Respectfully submitted,
kJ . to
Wilmot, Chairman
Secretary
•
Frederick County Planning Commission Page 2414
Minutes of January7, 2009