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PC_02-18-09_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 February 18, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Richard C. Ours, Opequon District; Gary R. Oates, 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. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Richard Ruckman, Stonewall District; Christopher M. Molm, Red Bud District; and Gregory S. Kerr, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Michael T. Ruddy, Deputy Planning Director; 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. Chairman Wilmot announced that the applicant has requested postponement for Item #5, Conditional Use Permit 901 -09 for AT &T and Wesley Helsley, and the applicant has requested thewithdrawal of Item #7, Waiver Request of John Scully, IV, submitted by Marsh & Legge Land Surveyors. Commissioner Kriz moved to adopt the February 18, 2009 Planning Commission Agenda with the postponement of Conditional Use Permit #01 -09 of AT &T and Wesley Helsley and the withdrawal of the Waiver Request of John Scully, IV, submitted by Marsh & Legge Land Surveyors. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously approved the minutes of the December 17, 2008 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the January 7, 2009 meeting. • Frederick County Planning Commission Page 2424 Minutes of February 18, 2009 -2- COMMITTEE REPORTS Development Review St Re; ulations Committee (DRRC) — 01/22/09 Mtg. Corunissioner Unger reported that the DRRC elected officers for the year and Commissioner Thomas was re- elected as Chairman and he was re- elected as Vice Chairman. Commissioner Unger said the DRRC discussed veterinary clinics in the BI Zoning District and they also discussed the Traditional Neighborhood Development (TND) District. He noted that both of these items are on the Planning Commission's agenda for discussion this evening. Rural Areas Work Group — 02/05/09 Mtg. Commissioner Watt reported about 40 people in attendance at the Rural Areas Work Group meeting on February 5, 2009. Conunissioner Watt said those in attendance included members of the Ad -Hoc Committee, members of the Board of Supervisors and the Planning Commission, and the Planning Staff. He said comments were mostly positive and a few suggestions were offered on the ability for creating smaller -sized lots. Commissioner Watt said there was considerable interest in the TDRs (Transfer of Development Rights) and there was also interest expressed in the small package treatment plants. Commissioner Watt commented that it seemed most people were pleased with the direction taken by the Rural Areas Work Group. He said another meeting has been scheduled for February 19, 2009 to review comments received. • Comprehensive Plans & Programs Committee (CPPC) — 02/09/09 Mtg. Commissioner Kriz reported that the CPPC heard a report from the staff on the Planning Commission's retreat. Commissioner Kriz reported on the status of the various subcommittees of the CPPC. Natural Resources Committee Chairman Wilmot reported there has been considerable input. She commented there are a number of different writing styles and the committee is trying to establish common ground for the final product. Winchester Planning Commission (WPC) — 02/17/09 Mtg. Commissioner Ours reported there were three public hearing items considered by the WPC, as follows: 1) The Union Jack Pub & Restaurant on the Old Town Mall was seeking a conditional use permit for a nightclub use; this was tabled due to concerns over noise; 2) A site plan was approved for the tennis court area at John Handley High School; and 3) A rezoning request for the tracts of land adjacent to K -mart, Graystone ® Terrace, and Jiffy Lube for commercial use was tabled due to concerns about residential impacts. Frederick County Planning Commission Page 2425 Minutes of February 18, 2009 -3- • NAICS Conversion Committee - 02/12/09 Mtg. Commissioner Manuel reported that the NAICS Conversion Committee completed conversion of most of the zoning districts. He said they began addressing the M2 District and will meet again on February 19, at 8:00 a.m. to finish the M2 District. Commissioner Manuel said the group will probably have time to begin discussion on the last of the zoning districts, such as Higher Education and Health Services. He said the NAICS Conversion Committee hopes to finish their work within the month of March. Committee Appointments for 2009 Chairman Wilmot announced the standing citizen members of the CPPC are: Marjorie Copenhaver, former Planning Commissioner; Robert Morris, former Planning Commissioner; James W. Golladay, Jr., former Planning Commissioner; John Light, former Planning Commissioner; Diane Kerns, citizen member, Sue Teal, citizen member, Joanne Leonardis, citizen member; Evan A. Wyatt, citizen member; Gillian Greenfield, citizen member; J.P. Carr, representing the Top of Virginia; Wayne Lee, representing the Frederick County Public Schools; Uwe Weindel, representing the Frederick County Sanitation Authority; Trish Ridgeway, representing the Library; Joe Wilder, representing the Frederick County Public Works; and Jason Robertson, representing the Frederick County Parks & Recreation. She also confirmed that Commissioner Rick Ours has • agreed to serve again this year as an executive committee member of the CPPC. Chairman Wilmot announced the standing citizen members of the DRRC are: Kevin W. Kenney, citizen member; Claus Bader, citizen member; Whitney L. Wagner, citizen member, Scot Marsh, citizen member; John Conrad, citizen member and representing the Top of Virginia; and Jay Banks, citizen member. She also confirmed that Commissioner Charles Triplett has agreed to serve again this year as an executive committee member of the DRRC. 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. Frederick County Planning Commission Page 2426 Minutes of February 18, 2009 PUBLIC HEARING 2009 -2010 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The CIP is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP will become a component of the Comprehensive Policy Plan. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, presented the 2009 -2010 Capital Improvements Plan (CIP) for Frederick County. Mr. Ruddy stated the proposed CIP was discussed by the Comprehensive Plans and Programs Committee (CPPC), the Planning Commission, and the Board of Supervisors. He said this year's CIP is somewhat different from the previous one because it has a few additional projects and it has been modified to reflect some new approaches to the CIP. Mr. Ruddy said along with the 71 projects initially included, an additional project, dealing with governmental capital equipment requests, was added at the last Board of Supervisors' meeting. Mr. Ruddy recalled for the Commission that during last year's CIP, a similar line item was added for Fire and Rescue capital equipment requests. This was an attempt to capture a category of projects that may fall below the $100,000 classification, but ensures the connection between the CIP and any proffers received. Mr. Ruddy remarked that during the CIP discussions, a suggestion was also raised that the Winchester Regional Airport's request should be revisited. The Executive Director of the Winchester Regional Airport, Serena (Reny) Manual, had been in contact with the Federal Aviation Authority about the possibility of receiving some additional federal funding for their taxiway relocation project. Therefore, during the Board of Supervisors' discussion, the request was modified from simply a Phase 1 Design to the construction of the entire project, based on the potential for federal funding. Mr. Ruddy said there was also some discussion by the Board of Supervisors • which revolved around Route 37 and the transportation projects. It was thought to be appropriate in this document, as it proceeds to public hearing, to make an additional modification to the CIP pertaining to Route 37 and to go beyond simply the right -of -way and design of Route 37 and include some construction. He said this was consistent with some ongoing efforts occurring with the County, the State, and federally, to potentially receive some additional funding for those projects. In sun Mr. Ruddy stated that the CIP is similar to what the Commission saw in discussion; however, a couple projects have been modified and there is one additional line item for governmental facilities. Mr. Ruddy said the Commission is looking for conformance of the CIP with the Comprehensive Policy Plan and the staff believed it still met that conformance. Chairman Wilmot called for public comments at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz spoke in support of the CIP and he made a motion to recommend adoption of the 2009 -2010 Capital Improvements Plan (CIP) as written to the Board of Supervisors. 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 the 2009 -2010 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various Frederick County departments and agencies and is created as an informational document to assist in the development of tbe_County's annual budget. Once adopted, the CIP will become a component of Frederick County's Comprehensive Policy Plan. Frederick County Planing Commission Page 2427 Minutes of February 18, 2009 -5— COMMISSION DISCUSSION • DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO CREATE A NEW ZONING DISTRICT, THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) DISTRICT. THE DISCUSSION WILL CENTER ON REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO ADD THIS NEW ZONING DISTRICT. Senior Planner, Candice E. Perkins, recalled that the first ordinance adopted to implement the goals of the Urban Development Area was an overlay district for use on certain BI (Neighborhood Business) and B2 (Business General) -zoned parcels, less than 20 acres in size. She said the staff noted at that time the County would be working on a larger TND (Traditional Neighborhood Development) District to also implement the study, as well as to implement the recently- adopted Route 277 Triangle and Urban Center Land Use Plan. She said the staff has been working on this district over the last few months, now referred to as the TND District, to implement the goals of those plans. Ms. Perkins reported this new TND District would be applicable to parcels located in the Urban Development Area (UDA) served by public water and sewer systems on sites at least 20 acres in size. She said the new district would be available for use throughout the UDA, but it is specifically targeted for designated urban centers and neighborhood villages, as designated in the Comprehensive Policy Plan. Ms. Perkins explained the new TND District concept is intended provide for new opportunities and integrated land uses. She said the resulting land uses and communities are envisioned to be intensive and walkable urban areas, well integrated within the surrounding community. She said this proposed new district provides the means to create these communities. Ms. Perkins next presented a brief overview of the requirements of the proposed new district. Commissioner Oates, a member of the committee working on this concept, said considerable work was done and he believed it was a good plan to begin moving forward. Commissioner Oates said committee ® members are aware the ordinance may need to have minor adjustments as developers begin to take advantage of the new district regulations. Commissioner Kriz spoke in favor of the proposed ordinance and was pleased to see this move forward, considering all the work that went into the UDA. Commissioner Kriz said once the ordinances are adopted, the developers can begin to use them and the community envisioned should become a reality. Chairman Wilmot raised a Transfer of Development Rights (TOR) issue. Chairman Wilmot said this ordinance was envisioned as one of the valid locations to be able to utilize TDRs. She said the ordinance states the maximum gross residential density shall be 16 units per acre and she questioned how TDRs would play into that. Chairman Wilmot did not want to lose the opportunity to use this ordinance to accommodate TDRs. speak: Chairman Wilmot next called for public comments and the following person came forward to Mr. Evan A. Wyatt, with Greenway Engineering, said he had been following the development of this ordinance because he thought it was a good opportunity to implement standards and the good work done with the Comprehensive Policy Plan. Mr. Wyatt expressed a couple concerns for the Commission to consider as the ordinance proceeds to public hearing. The first issue involved the rezoning process and the two items required to accompany the rezoning as proffered components, a master development plan (MDP) and design guideline manuals. He explained that because the projects within this new district would be large, long -term projects, it becomes problematic trying to convince his clients to commit their property to specific standards. For example, he said items that need to be proffered up front will be architectural styles and materials, colors, textures, roof ® forms and pitches, and facade treatments, etc. Mr. Wyatt said he did not intend for developers not to have Frederick County Planning Commission Page 2428 Minutes of February 18, 2009 -6- commitments, but he requested that some flexibility be incorporated so as ideas change over time, the applicant does not have to go back through another rezoning. Mr. Wyatt said he was in favor of the concept of over -shop • housing; however, he was curious why there was a limit on commercial buildings to 15,000 square feet until 40% of all commercial is established. He said with these types of communities, one of the anchors is typically a grocery store. Mr. Wyatt said there were a few other areas within the proposed ordinance he thought could be slightly modified and this ordinance could be really successful. He said the dilemma from the consulting side is that some of the properties in the Urban Center Areas are already zoned. He said the challenge is to convince his clients that it's better for them to take a zoned, un- proffered property, change it, and place zoning restrictions and proffers on top of that. In addition, he asked the Commission to reconsider the requirement of mandating no parking in front of commercial. He said all of the existing similar communities he visited had allowances for minor parking in front. He was concerned it may be problematic to get commercial people to locate in these communities, without the parking in front. Chairman Wilmot announced that no action was required by the Planning Commission at this time, since this proposed ordinance was for discussion only. DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO ADD VETERINARY CLINICS AS A PERMITTED USE IN THE BI (NEIGHBORHOOD BUSINESS) DISTRICT. Senior Planner, Candice E. Perkins, reported that this proposed ordinance amendment was initiated by a formal request to allow veterinary clinics in the B 1 (Neighborhood Business) Zoning District. She said the existing ordinance allows for veterinary offices as a permitted use in the B2 (Business General) and B3 (Business Transition) Districts, as well as conditional uses in the RA (Rural Areas) and RP (Residential is Performance) Districts. She stated the proposed amendment would add veterinary services for animal specialties (SIC 0742) to the B 1 District. She said this amendment is intended to only allow animal and pet hospitals, and veterinarians for pets and veterinary services; the proposed ordinance excludes livestock services and requires that all animals and activities be kept within the fully - enclosed primary structure. Ms. Perkins said this proposal was presented to the Development Review and Regulations Committee (DRRC) at their meeting on January 22, 2009. She said the DRRC had minor changes to the language of the proposed text and ultimately recommended it be sent to the Planning Commission for discussion. Ms. Perkins said this item is being presented for discussion and comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. No issues or concerns were raised by the Planning Commission. Conunissioner Oates spoke in favor of the proposed ordinance amendment and thought it should be sent forward as presented. Other Commission members agreed. Frederick County Planning Commission Page 2429 Minutes of February 18, 2009 -7— OTHER REAPPOINTMENT OF COMMISSIONER CHARLES E. TRIPLETT AND COMMISSIONER LAWRENCE R. AMBROGI Chairman Wilmot announced the reappointment of Commissioner Charles E. Triplett, Gainesboro District, and Commissioner Lawrence R. Ambrogi, Shawnee District, for another four -year term. CANCELLATION OF THE MARCH 4, 2009 PLANNING COMMISSION MEETING Chairman Wilmot announced the cancelation of the March 4, 2009 Planning Commission meeting, due to the absence of any scheduled agenda items. ADJOURNMENT Upon motion made by Commissioner Ours and seconded by Conmrissioner Kriz, the meeting adjourned at 7:30 p.m. by a unanimous vote. E Secretary Frederick County Planning Commission Page 2430 Minutes of February 18, 2009 Respectfully submitted,