PC_03-18-09_Meeting_MinutesMEETING MINUTES
OF THE
6 FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 18, 2009.
PRESENT: June M. Wilmot, Chainnan/Member at Large; Roger L. Thomas, Vice Chairman/Opequon
District; Richard C. Ours, Opequon District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall
District; Laurence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett,
Gainesboro District; Christopher M. Moln, Red Bud District; Gregory S. Kerr, Red Bud District; Greg L. Unger,
Back Creek District; Cordell Watt, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton,
Board of Supervisors Liaison.
ABSENT: George J. Kriz, Gainesboro District
STAFF PRESENT: Eric R. Lawrence, Planning Director, Mark R. Cheran, Zoning & Subdivision
Administrator; Michael T. Ruddy, Deputy Planning Director, John A. Bishop, Deputy Director - Transportation;
Candice E. Perkins, Senior Planner, and Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
i Chairman Wilmot called the meeting to order at 7:00 p.m.
Upon motion made by Commissioner Ours and seconded by Conunissioner Triplett, the
Planning Conunission unanimously adopted the March 18, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Triplett and seconded by Commissioner Ours, the
Planning Commission unanimously approved the minutes of the January 21, 2009 meeting and the minutes of the
February 18, 2009 meeting.
COMMITTEE REPORTS
Development Review & Regulations Committee (DRRC) — 02/26/09 Mtg.
Commissioner Unger announced a new member of the DRRC, Mr. Jay S. Banks of Back Creek
District.
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is Commissioner Unger reported that the DRRC discussed the recordation of proffers. He said the
DRRC is working on revisions to the zoning ordinance requiring proffers to be recorded along with property
deeds. He said the DRRS also discussed revisions to Section 165 -27 of the zoning ordinance regarding off -street
parking and parking lots.
Sanitation Authority — 3/17/09 Mtg.
Commissioner Unger said the Sanitation Authority (SA) reported below normal rainfall for the
last few months; the Anderson water plant is pumping about 1 mgd; a malfunction at this plant is anticipated to be
fixed within a month; and the Diehl plants are pumping about 2.1m9d. Commissioner Unger said the SA is
purchasing about 1.6- 1.7mgd of water from the City of Winchester; the City is plamring to increase their rates by
15 %. Camnissioner Unger reported that the SA finished the waterline to Berkeley Comity, which is hrtendedto
be used for emergency purposes only. Commissioner Unger noted that the SA has applied for stimulus funds.
Route 11 North Work Group — 3/13/09 Mtg.
Commissioner Oates reported that the work group reviewed land uses and received an update on
• transportation. He said they should be ready to present their study to the public in Stonewall District in mid May.
Conunissioner Oates said there will be another meeting on Friday morning, March 20.
Transportation Committee — 3/02/09 Mtg.
Conunissioner Oates reported a joint meeting of the Transportation Committee and the MPO
(Metropolitan Planning Organization) where the transit expansion plans were studied. Commissioner Oates
provided the following website for those seeking additional information: Nvww winfredmpo.com
Winchester Planning Commission (WPC) — 3/17/09 Mtg.
Conunissioner Ours reported the WPC recommended approval of a request by Adams- Nelson
Management for a modification of their existing conditional use permit for the Old Town Event Center on
Loudoun Street to expand uses, particularly during daytime hours. Commissioner Ours said the WPC also
recommended approval of a rezoning from low- density residential to residential- office on Linden Drive, adjacent
to the Winchester Medical Center. In addition, the WPC tabled a rezoning for a conwtercial property adjacent to
the K -Mart store, behind Jiffy Lube. He commented the tabling was to allow additional time to work out logistics
prior to public hearing.
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NAICS Conversion Committee
• Conunissioner Manuel reported that the NAICS Conversion Committee is in the final stages of
their work and are fine tuning the final product. He said the committee members have been meeting by interactive
email and expect completion of their work by March 31.
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
Conditional Use Permit 901 -09 for AT &T and Wesley Helsley, submitted by Dewberry, for a 120 -foot
commercial telecommunications facility at 2042 Martinsburg Pike (Route 11). This property is identified
with P.LN.s 43 -A -130 and 43 -A -132 in the Stonewall Magisterial District
Action — Tabled for 28 days
• Zoning and Subdivision Administrator, Mark R. Cheran, reported this request is for a conditional
use permit (CUP) to enable the construction of a 120 -foot, lattice -type commercial telecommunications facility.
Mr. Cheran said the proposed tower location is on properties contained within the Northeast Land Use Plan
( NELUP) as designated in the Frederick County Comprehensive Policy Plan. He said this NELUP component
indicates there are Developmentally Sensitive Areas (DSA) surrounding and including this site. The objectives of
the NELUP are to, "... ensure that the recommendations of the Third Winchester Battlefield Preservation Plan are
implemented to the extent possible..." and to designate DSAs to "...protect potentially significant historic
resources as identified by the Frederick County Rural Landmarks Survey and to ensure that the HRAB reviews all
development proposals which impact identified DSAs." Mr. Cheran pointed out that the general surrounding area
of the proposed site contains areas of significant historical importance, including the Hackwood property, the
Milburn Road corridor, and the Third Battle of Winchester study area. He said Frederick County has traditionally
set a higher expectation for land use actions with regards to properties in and/or adjacent to DSAs. These
performance standards are to ensure that scenic areas and properties of significant historic values are not
negatively impacted.
In addition, Mr. Cheran noted that the proposed site does not appear to qualify for a lattice-type
facility. He explained that the zoning ordinance requires that all proposed new telecommunications facilities be
monopole -type structures, particularly if the proposed location is adjacent to identified historic sites. He also
noted that the proposed location is on property located in close vicinity to the 150 -acre industrially and
commercially -zoned Rutherford Firm development. He said the Rutherford Fann development may provide
satisfactory coverage for this applicant and future co- location opportunities in this area of Frederick County.
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Mr. Stephen L. Pettler, Jr. of the firm, Harrison & Johnston, was representing the applicants in
this request. Mr. Pettler introduced Ms. Christie Lowery with Dewberry, who assembled the application; Robert
Ericksen, Real Estate Manager with AT &T, Kurt Oliver, consultant for AT &T; and Mr. William Commerford
and Mr. Mark Grace, both representing AT &T. Mr. Pettler first addressed the issue of a lattice tower versus a
monopole tower and why they were pursuing the lattice -type tower. He said Section 165- 48.6.B(2) of the
Frederick County Zoning Ordinance states that lattice -type towers are permitted for areas located outside of the
Urban Development Area (UDA) and which are not adjacent to properties that are identified historic sites. Mr.
Pettler said this site is located outside of the UDA and it is not "adjacent" to a historic site; he pointed out that
future Route 37 cuts this property off from the battlefield areas. He said an enormous structure would have to be
built for a monopole versus only a ten -foot by ten -foot structure for a lattice tower. In addition, the cost of
construction for a monopole would be double of that for a lattice -type tower. It would also be cost- prohibitive for
Emergency Management Services (EMS) or anyone else to co- locate on the monopole structure in the future.
Mr. Pettler next addressed the DSA and NELUP issues. He said the Route 11 corridor is slated
for future commercial development and already has significant existing commercial development. Regarding the
staff's comment about locating the tower on the Rutherford's Farm property, Mr. Pettler stated that AT &T does
not own any property within Rutherford's Farin. Addressing the possibility of placing the communications
facility on the building that FEMA will occupy, Mr. Pettler stated that FEMA does not own the building they will
occupy at Rutheford's Famn. He stated that considerable structural changes to the building would need to be done
by the landlord in order to place the communications facility on top of the FEMA building. He said the numerous
third -party issues they encountered created a stalemate in negotiations. Responding to a Planning
Commissioner's question about possibly locating on the Cowpenvood property, Mr. Pettler said the parcel was
not large enough to accommodate a sufficient fall -zone area for a tower of this size.
Mr. Pettler added there has been no citizen objections this request. He referred to a letter of
support from David Lopez, Acting Branch Chief, for FEMA IT Operations, dated March 11, 2009. In the letter,
is Mr. Lopez states that, ..... this communications link is critically important to FEMA's operations in Frederick
County," and,'`... it is essential to have fail -safe communications capability, particularly when disasters occur."
Mr. Robert R. Ericksen, Real Estate Manager with AT &T, said AT &T is requesting the
placement of a communications tower adjacent to AT &T's existing communications building at 2032
Martinsburg Pike. He said AT &T has chosen this location because of the existence of a network access point
(POP). He noted that a 180 - degree fall zone is not required if the property is owned by the owner of the tower
and the building is unmanned. Mr. Ericksen said that because of the structural improvements that would be
necessary and structural integrity issues, in addition to liability and legal issues, the parties reached a stalemate in
negotiations in their attempts at placing the communications facility on top of the FEMA building. He said
neither AT &T, nor FEMA owns the building or the property in Rutherford's Farm.
Chairman Wilmot called for citizens comments at this point in the public hearing and the
following person came forward to speak:
Mr. Earl Rittick, a resident at 2045 Martinsburg Pike, asked if the tower would fall on Route 11
if it happened to collapse. Mr. Pettler replied that it would not.
hearing.
•
No one else wished to speak and Chairman Wilmot closed the public continent portion of the
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Some members of the Plarnm Commission expressed their individual views that a monopole
tower would be more visually obvious in this setting than a lattice -type tower; they noted that you could at least
see through a lattice tower. Mr. Eric R. Lawrence, Planning Director, stated that when the telecommunications
ordinance was adopted in the 1990's, it was concluded that the County preferred a monopole tower in Urban
Areas because it was believed a monopole would more easily blend into the viewshed.
Other Commissioners believed the proposed tower location was not an appropriate site because
there was available commercial and industrially -zoned land across the street within the Rutherford development
and because the HRAB's recamnendation was that the proposed tower would cause a visual impact for the
historic areas. The staff noted that portions of the Rutherford development were outside of the UDA and the
HRAB's report had indicated that historical integrity on that side of Route 11 had already been lost.
Commissioner Manuel said that he supported approval of the application as presented with a
lattice -type tower. Conunissioner Manuel said there has been no opposition from the public, no opposition from
neighbors, the applicant has made serious and genuine efforts to locate on the FEMA property and it's just not
feasible or practical. He said the proposed tower would be located in a conunercial and industrial area where
these facilities are supposed to be located. In his opinion, a six -foot diameter monopole resembled a smoke stack,
not a tree, and at least you could see through a lattice pole. He added that this area is slated for a four -lane
interstate highway.
Conmrissioner Oates recognized there was a need for this facility, especially by FEMA.
Commissioner Oates said the CUP before the Commission is site specific and they are requesting a lattice -type
tower. Commissioner Oates said he was not in favor of a lattice -type tower and his view was that a monopole
tower was much more aesthetically pleasing. He did not agree that this was the preferable place for the proposed
• tower; he said there was plenty of land near and around the FEMA building. He said if the tower was located in
that direction, it most likely would not be seen from Route 11. Conunissioner Oates agreed with the HRAB's
recommendations that it would cause a visual impact on the core battlefield areas. Based on these comments,
Commissioner Oates made a motion to reconmrend denial of the CUP. This motion was seconded by
Commissioner Ours.
This motion failed, however, based on the following vote:
YES (TO DENY) Ours, Thomas, Oates, Ruckman
NO: Molm, Kerr, Triplett, Manuel, Ambrogi, Unger, Wilmot
ABSTAIN Watt
(Note: Commissioner Kriz was absent from the meeting.)
A new motion was made by Connnissioner Ruckman to table the CUP application request for
another 28 days because there are so many issues involved. Conunissioner Ruckman commented that the
proposed tower location is outside of the UDA and the County could require that it be a monopole -type tower. He
said he would like to see the application revised. He also commented that the proposed tower would be in site of
historical battlefields and it will impact the viewshed. Commissioner Ruckman said he would still like to see the
tower relocated closer to the FEMA building where there are trees and buildings to visually shelter the tower. The
motion to table for 28 days was seconded by Conunissioner Oates and passed by a majority vote.
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�rederick County Planning Commission Page 2435
Minutes of March 18, 2009
® BE IT RESOLVED, that the Frederick County Planting Commission does hereby table Conditional Use Permit
401 -09 for AT &T and Wesley Helsley, submitted by Dewberry, for a 120 -foot commercial telecotmnmtications
facility at 2042 Martinsburg Pike (Route 11) for 28 days to allow the applicant the opportunity to revise the
application.
The vote was as follows:
YES (TABLE 28 DAYS) Ambrogi, Manuel, Ruckman, Oates, Thomas, Ours, Wilmot
NO: Unger, Triplett, Kerr, Mohn
ABSTAIN Watt
(Note: Convnissioner Kriz was absent from the meeting.)
Rezoning Application 901 -09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96
acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District
to MS (Medical Support) District, with proffers, for commercial use and a Continuing Care Retirement
Community (CCRC) use. The properties are located on the north side of Northwestern Pike (Route 50
West), west of Retail Boulevard and east of Poor House Road (Route 654). The properties are further
identified with P.LN.s 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, and 52 -A -63 in the Gainesboro Magisterial
District.
Action — Recommended Approval With Proffers
Deputy Planning Director, Michael T. Ruddy, reported that this application is to rezone five
parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) and B2 (Business
General) Districts with proffers for a Continuing Care Retirement Community and commercial land uses. Mr.
Ruddy said this particular property was included in the 2006 update to the Round Hill Land Use Plan, wluch was
approved by the Board of Supervisors in 2007. He said the land use plan expanded the water and sewer
boundaries surrounding this property and it also provided for an improved land use plan for the Round Hill
community. The property is located within the Sewer and Water Service Area (SWSA). He said the proposed
land uses are generally consistent with the Comprehensive Policy Plan and the Round Hill Land Use Plan.
Mr. Ruddy said the Round Hill Land Use Plan recommends that as land is developed over time
and infrastructure extended, consideration should be given as to how development might contribute towards
achieving the long -range goal of providing sewer to the core area of the Round Hill conununity. Furthennore, the
Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor and this
application's proffer statement generally addresses the identified design standards. The Round Hill Plan also
calls for a campus -style development and Mr. Ruddy believed a greater amount of consideration could be
provided to coordinate the commercial portion of this project in the design layout; in particular, the building
location, the site layout, and the design elements. He commented that the application should clearly demonstrate
how it will achieve a campus -style development. In addition, the Round Hill Land Use Plan reconunends that a
new park be included with the development of this area. He said it was the staff's recommendation that an area
® larger than that currently shown on the Generalized Development Plan (GDP) be provided in order to be
consistent with the area shown in the Round Hill Land Use Plan.
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Regarding the transportation aspects of the proposal, Mr. Ruddy said the Round Hill Land Use
Plan recommends regional transportation improvements along the Route 50 Corridor, as well as on the north side
of the corridor which traverses through this project. He said this application addresses these transportation
improvements in a positive manner. Regarding the site access and design, Mr. Ruddy referred to the GDP and
said it depicts the location of the internal road system serving this project. He said Spinning Wheel Lane, the
project's major collector road, connects Route 50 through the site and connects with the existing road system to
the rear of the Walmart Shopping Center. Silver Lake Drive provides an additional connection to Route 50,
intersects with Spinning Wheel Lane, and it ultimately provides a potential connection to Poor House Road. Mr.
Ruddy noted that the application provides for bicycle and pedestrian connectivity throughout the project and
along the project's frontage with Route 50, along with pedestrian connections at the major intersections. He
added that inter - parcel connectivity has been provided throughout the B2 portions, as development occurs.
Mr. Ruddy next focused on potential impacts. He said the applicant's TIA has projected the
build -out of this project within four phases. Beyond the four phases, there is no limitation upon the amount of
commercial development that could happen. Ultimately, the TIA assumes the total build -out of the continuing
care retirement community on the MS District property; 583,050 square feet of commercial retail; and 494,600
square feet of office land use developed over a four -phase study. He said the applicant's transportation program
is based upon a four - phased approach and is described in detail in the application and proffer statements as to
which particular improvements go with each phase. Mr. Ruddy continued, stating this application provides for
the urban four -lane divided section (U4D), but only for the portion of the collector road from Route 50 back to the
internal intersection with Silver Lake Drive. Mr. Ruddy stated that the U41) typical section should be extended
along the entire length of Spinning Wheel lane with the use of a landscaped median. He said the Round Hill Land
Use Plan is specific about this ultimate road section.
Mr. Ruddy said this development will have an impact on community facilities and services;
however, the commercial component of the project will generate tax revenue for the County. In addition, he
recognized the applicant's significant effort to address the fire and rescue community's facility impacts. He said
the application provides for land dedicated to Frederick County for the development of a new fire and rescue
station and support facilities serving the Round Hill Community; and, the GDP identifies three -to -four acres as a
potential location for such a new fire and rescue facility. Additionally, he said the applicant has proffered to
provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a
new fire and rescue facility providing service to the Round Hill Community. It was noted that the applicant had
not proffered any monetary contributions aimed at mitigating the potential impact of the residential wets on such
community facilities as Parks and Recreation, Public Safety, Library, and General Government.
Commissioner Thomas noted that staff had suggested a greater amount of area be dedicated for
the park; he asked what percentage greater would be more appropriate. Mr. Ruddy replied that the Round Hill
Land Use Plan identifies a lake visible from Route 50 and a fame pond internal to the property; he said between
the two is a large area of enviromnental features, including floodplains and wetlands. These features were
identified during the crafting of the Round Hill Land Use Plan. Mr. Ruddy suggested increasing the area greater
than 10% and less than 100 %, but certainly consistent with the environmental features and floodplain that are
located in this area.
Commissioner Oates referred to the staff's comment that the applicant should demonstrate how
he will achieve a campus -style development; he asked the staff if they intended for design criteria to be included,
additional landscaping, or some other criteria. Commissioner Oates said he would like to steer away from the
typical box store within a sea of pavement and strive to create a nicer development. Mr. Ruddy said the Land Use
Plan calls for additional thought and layout in the design and he believed this was needed within the area of
commercial buildings.
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Minutes of March 18, 2009
Deputy Director- Transportation, John A. Bishop, noted that the applicant had offered a
substantial transportation package. Mr. Bishop said there is an extensive asphalt trail and pedestrian
improvements network throughout the development and in most cases, it develops along with the associated
roadways. Mr. Bishop described the transportation improvements associated with each phase of development in
detail for the Commission.
Mr. Evan W. Wyatt, with Greenway Engineering, was representing the Silver Lake rezoning
request which included the Silver Lake commercial rezoning and the National Lutheran Home Medical Support
District rezoning. Mr. Wyatt said the land uses, the transportation network, the provision of an opportunity for a
new fire and rescue site, and the conversion of a public park into a passive open space area are all in conformance
with the Land Use Plan and the Comprehensive Policy Plan. Mr. Wyatt proceeded to address the staffs
outstanding issues, as follows: Regarding efforts to achieve a campus -style development, Mr. Wyatt said the
applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved
along Spinning Wheel Lane; and the bases on monument signs will be consistently designed providing a subtle,
but visually - recognizable structure throughout the project. He said major intersections on Route 50 will have
crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered inter - parcel connectivity
for the commercial uses. In addition, the 50 -foot landscaped strip along Route 50 and Spinning Wheel Lane will
contain ornamental shrubs, street trees, and a hiker/biker trail along the entire frontage of the property.
Regarding the recommendation to provide a greater area for the park and protect environmental features,
Mr. Wyatt said the green area was originally envisioned to be a county-owned public park. however, the Parks &
Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this
passive open space area is not a public park, although it has been equipped with amenities such as trails that link
to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland
preservation will be provided with the MDP.
Regarding efforts to extend the U41) typical section along the entire length of Spinning Wheel Lane with the
use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from
Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then
continues as an urban section with four lanes, but does not have a raised grass median. He said the road
improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he
believed this design was consistent with what is perceived to be a campus -style development. It is recognized that
this design is not consistent with what is called for in the Round Hill Land Use Plan.
Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt
explained the use of color coding for the various road segments and how it related to the project's phases of
development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in
sequential order, and until every improvement associated with each phase is provided, the applicant is capped at a
certain square footage of commercial along the way. For example, if the applicant has an opportunity to develop
more than 180,000 square feet of retail use designated for Phase I, the applicant would have to install all the
improvements not only in the areas of very light green, but the next shade of green as well.
Regarding the staffs continent that additional monetary contributions were not offered by the applicant for
community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the
Sanitation Authority and this project addresses the goals of the Comprehensive Policy Plan by contributing to the
expansion of services further up the corridor towards the community center, as follows: 12 -inch water and sewer
lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight-
is inch water and sewer lines; the applicant will install a one - million gallon tank as opposed to a 600,000- gallon
water tank projected to be sufficient solely for the project's needs, and easements will be provided at no cost
Frederick County Planning Commission Page 2438
Minutes of March 18, 2009
—
® along the applicant's conunercial properties within the S WSA for connectivity by adjacent properties. The water
and sewer improvements will not be done right away, but will occur as development proceeds.
Mr. Wvatt stated that a fire and rescue station site has been proffered, along with a commitment
to provide road access and utilities, if it is used. In addition, he said there is a one - million -dollar monetary proffer
payable within five years of the final rezoning approval. Mr. Wyatt commented that the County's Fiscal Impact
Model indicated a 32.28 million- dollar positive impact to the County with the projected commercial uses and the
independent living units associated with the CCRC will pay real estate taxes, providing another revenue source to
the County.
Conmhissioner Oates said that with regard to the campus -style setting, he was not looking for
building placement, but more so for the applicant to go beyond the minimum requirements of the zoning
ordinance for the parking areas, such as additional green area, open space, and more environmentally - friendly
materials. Mr. Wyatt said that without a known layout detailing where office buildings and retail will be located
and the scale and size of the structures, it was difficult to connnit to a certain percentage of green parking within a
landbay. Mr. Wyatt said there will be broken up areas, green areas for parking, and small plaza areas, included on
the MDP.
Conniussioner Thomas said he would like to see an intent or commitment to a non - impervious
parking area to the masinhun extent possible with more environmental collection areas for run -off. Mr. Wyatt
said they would also like to see that because when projects are designed, they not only have to meet quantity
measures, but quality measures and the county's ordinance requirement for all asphalt or concrete, curb and
gutter, and hard -pipe, makes it difficult for engineers to reach an environmentally - friendly goal. Mr. Wyatt said
he hoped the upcoming ordinance changes would case restrictions and allow for that type of design.
• Chairman Wilmot nest opened the public comment portion of the public hearing. The
following persons came forward to speak:
Mr. Rodney Snapp, Back Creek District, came forward to speak on behalf of the Round Hill
Community Fire and Rescue Company. Chairman Wilmot recognized approximately six to ten fire and rescue
personnel in attendance with Mr. Snapp. Mr. Snapp said the Round Hill Community Fire and Rescue Company
greatly appreciates the intent of the applicant for the proffer to fire and rescue. He expressed concems, however,
about the lack of specificity in the language of the applicant's proffer designating the Round Hill Community Fire
and Rescue Company as the recipient of the monetary contribution and the acreage proffered for a new facility.
He said the proffers are intended for the impacts to the first due company in the area, which is the Round Hill
Community Fire and Rescue Company. Unfortunately, the proffer language simply refers to "the County of
Frederick for the Round Hill Community" as the recipient of the monetary contribution and acreage. He said
theoretically, the money being proffered by the applicant intended for fire and rescue impacts could be used
elsewhere. Mr. Snapp quoted language from the County's Amended Cash Proffer Policy, as follows: "...proffer
funds received by Frederick County would be held for the use specified in the proffer language. In the case of
funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the
funds will be earnharked for the first -due company in the area of the subject rezoning at the time the proffer funds
are received."
Chairman Wilmot asked for comment from the County Attorney, Mr. Roderick Williams. Mr.
Williams made two points: First, that State Law does not clearly allow for anything other than proffers to the
local government, itself. Second, the County's policy with respect to the cash proffer policy and the earmarking
for first due companies is a guideline the County can follow in terns of how it proceeds on using proffered funds.
• He did not see any reason why this applicant's proffer statement, in its current form, would be contrary to that
policy.
Frederick County Planning Commission Page 2439
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Mr. Chester Lauck, the Round Hill Community Fire and Rescue Company Chief, voiced a
concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along
Route 50. He suggested pre - emption devices on all the traffic signals installed along Route 50.
Ms. Laura Campbell, a resident on Poor House Road, was concerned about increased traffic on
Poor House Road. She asked if there was an estimate on the amount of traffic that would be generated by this
proposal.
Mr. Mike Mullen, a resident along Poor House Road, Gainesboro District, expressed his concern
that not all residents along Poor House Road were notified of this public hearing. He said the public hearing sign
was only up for a few days; he said he never received notification by mail and was only made aware of the
meeting after he called about the posted sign. Mr. Mullen asked the Commission to table the rezoning in order to
give those residents who just found out about the proposal time to respond.
Mr. Robert (Bob) Carpenter, a resident of Gainesboro District, said he and his Mfe own property
directly adjacent to this property and they are the parties who are in discussion with regard to the northern
extension of Poor House Road. Mr. Carpenter said at this time, they have not yet reached a final agreement on
the road, but are actively talking. He said there is greater potential for direct impact to his and his wife's property
than anyone else along Poor House Road, simply because they have approximately '/z mile of adjoining common
boundaries. Mr. Carpenter said they are concerned about this project and they have been in discussions with the
applicant; he said the applicant has been very forthcoming with their plans. He also has had an opportunity to
meet with the representatives from the National Lutheran Home and has seen the scope of the project they plan.
He thought it would be a tremendous anchor and an encouragement for other good development on the remainder
of the project. Mr. Carpenter believed the National Lutheran Home would bring an enhancement to the Route 50
® corridor and to the Round Hill community. He said at this moment and based what he knows, both he and his
wife supports this plan.
No one else wished to speak and Chairman Wilmot closed the public comment portion of the
hearing.
Mr. Wyatt returned to the podium to address comments from the citizens. Mr. Wyatt said the
purpose for the relocation of Poor House Road is to take traffic primarily off this area, where there are existing
houses, and die road geometry is much less than desirable. He said the current traffic volume is about 1,200 trips
and based on complete build out of the project, traffic is anticipated to increase by another 5,800 -7,000 trips;
however, those trips would be directed away from the existing houses along Poor House Road. Regarding Mr.
Lauck's comment on the traffic signal pre - emption devices, Mr. Wyatt said if for some reason, the three -to -four
acre site is not taken and the pre - emption at the Silver Lake signal is no longer a benefit, he would be willing to
allow the pre - emption to transfer to the fully - funded traffic signal at the intersection of Poor House and Route 50.
Commission members had positive comments about the proposal and commended the applicant
and Greenway Engineering for a well- planned and well thought -out project. Commissioners believed this was a
good project for Frederick County and they believed the National Lutheran Home component was a much needed
asset to the community. A Commission member stated that for the short terns, this project could strengthen the
economy in this area as far as the work that would be needed. Commission members said they would like to see a
commitment made by the Board of Supervisors that the proffered funds will stay within the Round Hill
Community and that the fire and rescue station will benefit from those funds.
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Conunissioner Triplet made a motion to recormmend approval of the rezoning with proffers
® This motion was seconded by Commissioner Thomas and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application 401 -09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres
from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS
(Medical Support) District, with proffers, for conunercial use and a Continuing Care Retirement Conununity
(CCRC) use.
(Note: Commissioner Kriz was absent from the meeting.)
COMMISSION DISCUSSION
DISCUSSION OF AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165,
ZONING• SPECIFICALLY THE Ml ZONING DISTRICT CHANGES TO ADDRESS ACCESSORY
USES.
Senior Planner, Candice E. Perkins, reported that in December 2008, the Board of Supervisors
approved revisions to Section 165 -26 which addressed secondary and accessory use requirements in the zoning
ordinance. Ms. Perkins said these new standards prohibited accessory retail in the MI and M2 Zoning Districts;
however, as this revision went through the public process, the actual MI regulations were not updated to reflect
the accessory use standards. Therefore, this ordinance revision has been prepared to strike accessory retailing
from the M 1 permitted uses and will also cover the M2 District. She said additionally, this ordinance revision
Is will modify the text to show SIC uses 37 -39 as permitted uses.
Ms. Perkins stated this item was presented to the Development Review and Regulations
Committee (DRRC) at their meeting on February 27, 2009. She said the DRRC understands the proposed
ordinance revision is to update the M 1 District in order to be consistent with previously- approved updates. She
said the DRRC recommended approval of the changes and reconunended it be sent to the Planning Commission
for discussion.
Conunissioner Oates was concerned about how this amendment would affect existing retail uses
and any plans for those uses to expand in the future; he asked if this amendment would prohibit them from doing
additions. Ms. Perkins said that anything in affect prior to the adoption of the secondary use standards would be
grandfathered; any type of retail expansions or new uses that would come in after that would be governed by
Section 165 -26.
No other issues were raised. Ms. Perkins said this item will be forwarded to the Board of
Supervisors with the Commission's comments for discussion. No action was needed at this time.
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DISCUSSION OF A SITE PLANFOR THE FREDERICK COUNTY REGIONAL LANDFILL SCALE
HOUSE AND SCALES
Senior Plainer, Candice E. Perkins, presented a site plan for the Frederick County Regional
Landfill Scalehouse and Scales for the Commission's review and comments. She said typically, site plans
involving public projects are brought before the Planning Commission for inforniation. She said this site plan is
for the construction of a new Scalehouse, as well as the addition of two new weight scales to replace the existing
scales at the existing landfill facility on Sulphur Springs Road in the Shawnee Magisterial District.
Commissioner Unger commented that many citizens may not be aware of how well the landfill is
run and how much the landfill does for the county. Other Commission members agreed.
No issues of concern were raised. No action was needed by the Conunission at this time.
SUMMARY OF THE 2009 PLANNING COMMISSION RETREAT
Planning Director, Eric R. Lawrence, reported that staff has prepared a summary of the topics
discussed at the 2009 Planing Commission's Retreat, as well as list of the identified major planning projects for
2009. Mr. Lawrence said the Planning Staff is prepared to move forward on the following identified projects
during the next year: 1) Review, update, and rewrite of the County's Comprehensive Policy Plan; 2) Route 11
North Land Use Plan; 3) Senseny Road Area Land Use Plan; 4) Develop ordinances to implement the UDA
Study - -Urban Center and Neighborhood Village, 5) Develop ordinances to implement the recommendations of the
RA Study; and 6) Evaluate and implement Affordable/ Workforce Housing Initiatives.
The Planning Commission members were in agreement with the staffs list of identified projects
for the upcoming year.
UPDATE OF THE PLANNING COMMISSION BYLAWS
Planning Director, Eric R. Lawrence, stated that since the adoption of the Planning
Commission's Bylaws in early January, the Bylaws Work Group had reviewed three items that warranted
additional consideration for inclusion into the Bylaws. Those items were: 1) Public meeting presentation time
guidelines and the possible consideration of establishing presentation time limits applicable to staff and applicant
presentations; 2) Detennination of when an application is complete and ready for scheduling on a Planning
Commission agenda; and 3) A time restriction for how long an application may be tabled. Mr. Lawrence reported
that the Bylaws Work Group recommended that Item 3 be addressed with a Bylaw amendment; however, Items 1
and 2 do not warrant inclusion in the Bylaws at this time.
Mr. Lawrence said Item 3 could be addressed in the Bylaws with the following additional
sentence to Paragraph 8- 3 -9 -2: "In no case shall an application be tabled for more than 12 months from the time
the complete application was received by the Zoning Administrator or applicable staff." Mr. Lawrence said if the
Planning Commission believes this amendment is appropriate, he would bring the amended Bylaws back to the
Commission after 30 days, which would be May 6, 2009, for review and adoption.
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The Planning Commission was in agreement to authorize the staff to unitiate the 30 -day notice to
change the Bylaws in order to incorporate a time restriction for tabling and to schedule the revisions for the
• Planning Commission's consideration and adoption on May 6, 2009.
ADJOURNMENT
Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, the meeting
adjourned at 9:25 p.m. by a unanimous vote.
Respectfully submitted,
Wilmot, Chairman
Secretary
u
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Minutes of March 18, 2009