HomeMy WebLinkAboutPC_10-21-09_Meeting_MinutesMEETING MINUTES
i 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 October 21, 2009.
PRESENT: June M. Wilmot, Chairman/Member at Large; Brian Madagan, Opequon District; Gary K
Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R Ambrogi, Shawnee District; H.
Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District;
Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud
District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison.
ABSENT: . Roger L. Thomas, Vice Chairman/Opequon District
STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark
R Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; John A. Bishop, Deputy
Director- Transportation; and Renee' S. Arlotta, Clerk-
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously adopted the October 21, 2009, agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Triplett and seconded by Commissioner Mchn, the
Planning Commission unanimously approved the minutes of the September 16, 2009 meeting.
COMMITTEE REPORTS
Sanitation Authority - 10/20/09 Mtg.
Commissioner Unger reported that the water table was discussed and determined to be good with
no immediate problems; sufficient rainfall has kept water usage down. Commissioner Unger provided the
• Frederick County Planning Commission Page 2551
Minutes of October 21, 2009
-2-
production rates for the various plants. He said the Parkins Mill plant was doing well and is expected to be
• finished at the end of the month. Work is ongoing to increase production at the Clearbrook plant by about a
million gallons per day.
Historic Resources Advisory Board (ARAB) — 10/20/09 Mtg.
Commissioner Oates reported the HRAB discussed the rezoning application for Graystone
Corporation Office and Industrial Park; the project consists of 271 acres located in the Stonewall District and the
applicant is requesting rezoning to MI from RA. Commissioner Oates said the HRAB recommended the
following: 1) an increase to the allowed height of M 1 and an increase to the FAR would not be appropriate; 2)
less intensive uses should be placed at the northern portion of the project, in the vicinity of core battlefield areas;
3) more intensive uses in regards to noise, odor, and traffic should be proffered out; 4) parking lots should be
located in the interior of the park, rather than the outer perimeter near battlefields, scenic byways, andresidences;
5) provide for increased setbacks on the outer perimeter; 6) a Phase I archeological survey should be conducted
based on core battlefield areas and historic homes, a Phase U survey should be performed, if warranted from
Phase I findings; 7) increased buffers along battlefields, scenic byways, and residential properties should be
applied and, where practical, use of natural vegetation.
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 912 -07 of Opequon Crossing, submitted by Patton, Harris, Rust & Associates, Inc.
(PHR &A), to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District
with proffers, for up to 325 single - family attached and detached residential units. The property is located
south of the existing terminus of Eddy's Lane (Route 820), approximately 2,500 feet south of Route 7 and
1,650 feet west of Opequon Creek. The property is further identified by P.I.N. 55 -A -210 in the Red Bud
Magisterial District.
Action — Recommended Approval with Proffers
Deputy Planning Director, Michael T. Ruddy, reported that this application seeks to rezone
70.15 acres from RA to RP for up to 325 single - family attached and detached housing units. Mr. Ruddy said the
applicant has proffered no more than 170 single - family attached dwelling units, which is 4.6 units per acre. He
said the applieant has proffered a Generalized Development Plan (GDP), which identifies the location of a
recreational facility and specifies that no building permits will be issued until the spine road is constructed to the
southern property line. The applicant has also proffered to construct a small portion of the east -west collector
• road. Mr. Ruddy said that since the tuning of transportation improvements by others has been resolved with the
Frederick County Planning Commission Page 2552
Minutes of October 21, 2009
-3-
applicant's proffer that no building permits would be issued until the spine road was completed, only three
• unresolved issues remain: transportation improvements, trail and sidewalk improvements, and a design and
definition of the recreational facility.
Deputy Director - Transportation, John A. Bishop, said there was a significant change in the
monetary transportation proffer for this application submission as compared to the package submitted in 2007.
Mr. Bishop said the applicant is proffering $1,000 per single - family attached dwelling and $2,000 per single -
family detached dwelling, while the previous version had proffered $3,000 and $5,000 respectively. Mr. Bishop
said the total amount of cash proffered is significantly less with this application than the previous one. Further, it
was less than what the applicant had provided for Parks and Recreation. Mr. Bishop said that although the
adjoining Haggerty project contains a similar number of units, there is a significant difference in the level of
commitment based on the amount of the cash proffer and the extent of transportation improvements constructed.
Mr. Bishop next discussed some of the transportation issues. He said that eastbound traffic from
this project will be forced to use Route 7 or access Valley Mill Road via a single -lane bridge through a historic
farm; he said the traffic impacts will not solely be at this location, but will be felt at 1 -81 and all the way down to
the entrance to the Gateway shopping center along Route 7. Mr. Bishop noted that negotiations for an alternate
access through Fieldstone were not successful. He next pointed out a problem with the language in proffer
paragraph 9.4 in which the applicant specifies an 80 -foot right -of -way limitation for Eddy's Lane to the eastern
property line. The proffer states the 80 -foot right -of -way may increase to 100 feet, to be determined by VDOT;
however, it should instead state that the width will be determined by Frederick County. He said comments
received from VDOT state, "... additional right -of -way is needed on the East -West collector roadway at any
intersection requiring right -turn lanes. A LTD-4 with right -turn lanes, without sidewalk, requires a minimum of
100 feet of right -of- way." In addition, Mr. Bishop said language is needed for public access to the trail system;
otherwise, a Homeowners Association (HOA) could decide its trail system was private and elect not tie into the
• community trail system.
Mr. Patrick Sowers with PHR&A, was representing this application. Mr. Sowers said the
Haggerty project was rezoned in 2007 and Opequon Crossing builds off what the Haggerty project started. Mr.
Sowers addressed a number of issues that were raised in the staff's report. 1) HRAB — Mr. Sowers said all
comments from the HRAB have been addressed, which included a change of the project name; a year -around
screen adjacent to Valley Mill Farm consisting of a double row of evergreen trees along with the existing
substantial screen; a documentation of the Adams House and existing structures before demolition. 2) Traffic
Generation — Mr. Sowers said the estimated traffic generated for this project has decreased from 3,000 tpd to
2,658 tpd according to a formal scoping with VDOT. 3) TIA Scope — Mr. Sowers said the intersections required
to be scoped are determined by VDOT and not the applicant. He said three intersections were scoped and the
intersection of Haggerty and the Spine Road connection was determined to be a LOS "B." 4) Typical Section
East -West Collector — Mr. Sowers said the applicant has proffered to build two lanes of the ultimate four -lane
divided cross section of the East -West Collector from point A to B as indicated on the GDP; and, from point B to
C, they will provide a reservation area for the ultimate right -of -way necessary to make the connection to Valley
Mill Road. He said the language states the ultimate width is 80 feet and, if VDOT requires additional right -of-
way, up to 100 feet can be provided. Mr. Sowers said the proffer language will be modified to include the county
in this determination. 5) Road Efficiency Buffer — Mr. Sowers stated that requirements in the zoning ordinance
for the road efficiency buffer between the residential units and the major collector roadway will be followed; he
said there is no modified road efficiency buffer within the proffer.
Mr. Sowers said this project provides the right-of-ways for all new roads and for the east -west
collector in accordance with the Eastern Road Plan; it provides inter -parcel connectors to adjoining properties;
and it provides a secondary access through Eddy's Lane. Mr. Sowers said the applicant's failed pursuit of a
• connection through Fieldstone was not a result of a lack of cooperation, but was due to the Fieldstone developers
Frederick County Planning Commission Page 2553
Minutes of October 21, 2009
-4—
having already sold units to homeowners with the understanding this would not be a through street. He said the
• developers of Fieldstone have already installed half of their infrastructure and many of their residential lots have
already been marketed and sold as a private development. Mr. Sowers said this project is providing a complete
pedestrian sidewalk system within the development per ordinance requirements, as well as a trail system In
conclusion, Mr. Sowers stated that this project is located within the S WSA and the UDA, and is Comprehensively
Planned for residential development; he said that the project mitigates all impacts per the impact model and it
operates with a LOS `B" in addition to providing $480,000 for infrastructure. He added that the spine road must
be completed before any building permits are issued. Mr. Sowers stated that asking this applicant to make off -
site road improvements when they are operating at a LOS `B" per the TIA, did not seem to be in keeping with the
Comprehensive Policy Plan.
Chairman Wilmot next called for public comments. No one came forward to speak and
Chairman Wilmot closed the public comment portion of the hearing.
Commissioner Ruckman asked if the spine road would stay in place after Route 37 is constructed
through this area. Mr. Sowers replied that Route 37 would sever the spine road connection to the south, but it
would become an underpass for the east -west connector. It was noted that approximately 750 feet of the spine
road would transition to become two lanes of Route 37.
Commissioner Oates was interested in the applicant lining up the inter - parcel connection shown
on the plan in Opequon Crossing with that shown in Fieldstone.
Commissioner Mohn commented that this project was probably not ideal from a Comprehensive
Policy Plan perspective. He said he was sensitive to the long -range transportation and infrastructure needs in this
area, although he thought some of those expectations exceed what can reasonably be expected from this particular
• project. He thought the applicant had made efforts to address these needs. Commissioner Mohn believed this
exercise highlighted the need for a transportation model that could equitably show what a specific project is
responsible for regarding off -site and cash contributions. He said that although the proposal is consistent with the
Comprehensive Policy Plan for land use, he was disappointed the monetary numbers were reduced with this
application.
Commissioner Mohn made a motion to approve Rezoning Application #12 -07 of Opequon
Crossing with proffers. This motion was seconded by Commissioner Triplett and passed by a majority vote.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application #12-07 of Opequon Crossing, submitted by Patton, Harris, Rust & Associates, Inc.
(PHR &A), to rezone 70.15 acres from RA (Rural Areas) District to RP (Residential Performance) District with
proffers, for up to 325 single - family attached and detached residential units.
The majority vote was as follows:
YES (REC. APPROVAL): Mohn, Triplett, Kriz, Madagan, Wilmot, Ruckman, Manuel, Ambrogi, Crosen,
Unger
NO: Oates
(Note: Commissioner Thomas was absent from the meeting.)
•
Frederick County Planning Commission Page 2554
Minutes of October 21, 2009
-5-
Rezoning Application #05-09 of Haggerty Commercial, submitted by Patton, Harris, Rust & Associates,
Inc. (PHR &A), to rezone 4.0 acres from RP (Residential Performance) District to BI (Neighborhood
Business) District, with proffers, for commercial use. The property is located along the east side of
• proposed Haggerty Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty
Boulevard and Route 7. The property is further identified with P.I.N. 55-A -212 in the Red Bud
Magisterial District.
Action — Recommended Approval with Proffers
Deputy Planning Director, Michael T. Ruddy, reported that this application is to rezone 4.0 acres
from RP (Residential Performance) to B 1 (Neighborhood Business) with proffers for commercial use. Mr. Ruddy
reported that the property is within the UDA (Urban Development Area) and the SWSA (Sewer and Water
Service Area). He said the Eastern Frederick County Long -Range Land Use map designates this general area for
residential land uses and not for commercial development; therefore, this request is not in conformance with the
Eastern Frederick County Long -Range Land Use Plan. He noted that the residential land use designation was
supported by the Board of Supervisors' approval of the original Haggerty development, which was approved in
2005 and revised in 2007. The Haggerty rezoning application indicated this land would be part of the open space
for the community and was shown as open space on the GDP and MDP, which was approved in October of 2007.
He said this area of open space was designated in recognition of the significant environmental character of the
area and as an enhanced area of buffer from the adjacent Opequon Wastewater Treatment Facility. Furthermore,
he said the Parks and Recreation Department has recommended that this area be retained for a public park.
Consequentially, the proposed use is not consistent with the previously proffered and approved GDP and the
approved MDP for the open space area associated with the application's residential uses.
Mr. Ruddy said this site is proposed to be accessed via one commercial entrance on Haggerty
Boulevard. He said the applicant should consider eliminating the proposed commercial entrance as shown on the
GDP and providing a joint entrance to the area of the park/open space that aligns with the relocated Valley Mill
is Road (future east -west collector). Mr. Ruddy said the commercial rezoning does not address corridor appearance;
he said the applicant should consider providing additional landscaping along Haggerty Boulevard and enhanced
design standards that would implement the goal of developing an attractive addition to the commercial corridors
of the county.
Commissioner Kriz inquired if there was enough open space available that the applicant could
still meet the minimum requirements for open space. Mr. Ruddy replied the applicant could meet the
requirements for open space; however, the character of the Haggerty rezoning request was such that there was a
significant amount of environmental features and open space adjacent to the Opequon Creek and that was a
desirable feature to support the residential development, in addition to providing a buffer between the residential
land uses and the Opequon Wastewater Treatment Facility.
In consideration of the land use map and the residential designation, Commissioner Mohn asked
how the staff would apply the UDA policies to this type of proposal where in an otherwise exclusively residential
area, there is an opportunity to provide a small neighborhood commercial area that seems to promote the goals of
walk ability and integration of uses so that persons are not forced to travel by vehicle to other locations.
Commissioner Mohn asked if this request may facilitate the attainment of some of those objectives. Mr. Ruddy
replied that the commercial located internally to Charing Drive and the elementary school probably provides the
neighborhood commercial to a greater extent. He said this particular commercial request will be very close to the
Haggerty homes and potentially, the Opequon homes, but perhaps it is located more to take advantage of the
commuter traffic heading towards Route 7 on a daily basis rather than the neighborhood side.
•
Frederick County Planning Commission Page 2555
Minutes of October 21, 2009
Mr. Patrick Sowers with PHR &A was present on behalf of the applicant. Mr. Sowers said that
during the original Haggerty rezoning, there were two land bays shown for the residential areas and there was
• another gray hatched area designated as open space. Mr. Sowers said the idea emerged to put in a small scale
neighborhood commercial user in the vicinity to provide goods and services to those residents living in the
immediate vicinity. Mr. Sowers said that when they processed the MDP, they labeled, "Required Open Space —
30 %" and "Residual Open Space — 12 acres." He said the application before the Commission is to modify four
acres of the existing Haggerty proffer in order to allow this neighborhood commercial use. He said the
justification for this is to limit the number of people that need to drive out to Route 7 and all the way up to I -81 at
Winchester Gateway for goods and services. The simple way to provide that is through a small scale
neighborhood commercial user and that is what the applicant is providing. Furthermore, there is a pedestrian trail
system that links across into the Twin Lakes area, Senseny Glen, and Sovereign Village and those areas could
access this through the trail system without getting into a vehicle. Mr. Sowers said they have proffered street
trees along the front at 50 feet on center, high -end masonry materials, and conformance to general elevation.
Mr. Sowers continued, stating that they met with the Parks and Recreation Building and Grounds
Committee originally with the concept of tying this to the Opequon Crossing application; however, that was not
pursued. He said outside of the rezoning process, however, they wanted to state for the record that the applicant
does intend on offering to the County this residual 34 acres, should they so choose to take it. Mr. Sowers said
that is why they have proffered to provide a minimum of ten parking spaces to provide access to that future park
facility.
Commissioner Oates preferred to see the entrance to the commercial area line up with the future
east -west collector to minimi entrances along the spine road. In addition, Commissioner Oates questioned why
no uses were proffered out of the request, if this area is truly intended to be neighborhood commercial. Mr.
Sowers replied that if the entrance was lined up, they would have to build the road through open space and there
would not be direct site access to the commercial user. He said it was their intention to move the entrance as far
• away as they could from the east -west collector, while still having direct access to the user. Regarding
Commissioner Oates' comment on proffering out uses, Mr. Sowers said that since this was a B1 zoning for
neighborhood commercial, rather than a typical B2, they believed there wasn't a real need to proffer out uses. He
said they are not intending to pull trips off Route 7 to use this site. Mr. Sowers said they met with VDOT to
scope this intersection as well, but it was determined that a TIA did not need to be conducted because traffic was
an internal capture.
Commissioner Ruckman asked if the northeast property line of the proposed rezoning area would
be directly adjacent to the wastewater treatment plant property. Mr. Sowers pointed out the original Haggerty
property boundary; he said in working out dhe boundary line adjustment to create the right -of -way for the
Haggerty spine road, this portion was given to the FWSA (Frederick - Winchester Service Area) to increase their
buffer distance. He pointed out the FWSA, their buffer, the neighborhood commercial, and then the open space
area before the residential.
Chairman Wilmot called for public comments; however, no one came forward to speak.
Chairman Wilmot then closed the public comment portion of the hearing.
Commissioner Kriz commented that the UDA Study has shed a different perspective on having
this commercial area available to create a neighborhood community than before the UDA Study was done.
Commissioner Mohn added that he viewed this as a more balanced project or providing more
dimension to the project and use opportunities; it provides something for all the residential uses that will be
located in this area. So while not clearly identified in the Comprehensive Policy Plan for commercial use, he
is believed it advanced the UDA policies.
Frederick County Planning Commission Page 2556
Minutes of October 21, 2009
-7—
Commissioner Mohn made a motion to recommend approval of Rezoning Application #08 -09
for Haggerty Commercial with proffers. This motion was seconded by Commissioner Triplett and was passed by
. a majority vote.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application #05 -09 of Haggerty Commercial, submitted by Patton, Hams, Rust & Associates, Inc.
(PHR &A), to rezone 4.0 acres from RP (Residential Performance) District to B 1 (Neighborhood Business)
District, with proffers, for commercial use.
The majority vote was as follows:
YES (REC. APPROVAL): Mohn, Triplett, Kriz, Madagan, Wilmot, Ruckman, Manuel, Ambrogi, Crosen,
Unger
NO: Oates
(Note: Commissioner Thomas was absent from the meeting.)
PUBLIC MEETING
Subdivision Request 904 -09 of Bonnie Triplett, submitted by Greenway Engineering, to create two lots
consisting of 2.0 acres and 4.157 acres for a family division at 1065 Airport Road. The applicant has
• requested a waiver from Section 144 -24B of the Frederick County Subdivision Ordinance to allow a
4.157 -acre parcel to be created with a road frontage less than 250 feet and a lot area less than five acres
for both parcels. The property is located on the north side of Airport Road (Route 645) and is further
identified by P.I.N. 64 -A -174 in the Shawnee Magisterial District.
Action — Recommended Approval
Zoning and Subdivision Administrator, Mark R Cheran, reported that the property is zoned RA
(Rural Areas) District and the land use is residential. Mr. Cheran reported that the request is for subdivision of
6.157 acres into two parcels consisting of 2.0 acres and 4.157 acres to settle a trust for the applicant He said two
dwellings are located on this property and the subdivision will allow these dwellings to stand on separate tax
parcels. He noted that the parcels are located outside of the SWSA (Sewer and Water Service Area) and the
proposed future Route 37 Bypass is planned to cross this property.
Mr. Cheran said the applicant has also requested a waiver from Section 144 -24B of the
Frederick County Subdivision Ordinance which addresses lot size, lot area, and density in the RA Zoning District.
He said the waiver will allow a 4.157 -acre parcel to be created with a road frontage less than 250 feet. In
addition, two parcels will be created with a lot area less than five acres and with a density less than one dwelling
unit per five acres. Mr. Cheran said the staff is seeking three actions from the Planning Commission, as follows:
1) a recommendation regarding the reduction of public road frontage less than 250 feet for the 4.157 -acre parcel;
2) a recommendation regarding administrative approval authority for lots less than five acres in area and with a
density less than one dwelling unit per five acres; and, 3) a recommendation regarding administrative approval
authority for a two-lot subdivision.
•
Frederick County Planning Commission Page 2557
Minutes of October 21 2009
Commissioner Oates observed there was no right -of -way dedication on the 30 -foot prescriptive
easement; he said the county code requires a 25 -foot dedication for subdivisions. Also, be said with Route 37
• crossing these lots, the plats should show the future location of Route 37. Mr. Cheran agreed that a 25 -foot right -
of -way dedication was required. Mr. Cheran read a note on the plat disclosing the possibility of future right -of-
way acquisition for the proposed Route 37 Eastern Bypass.
Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent the Triplett Trust. Mr.
Wyatt said Mr. Triplett has passed away and Mrs. Triplett is in the process of settling the trust for the various
family members. In working with their tax attorneys, they determined a need to provide properties to various
family members. He said there is a 6.15 -acre parcel with two dwellings; one existed when they purchased the
property and the other was constructed in the early 70s. Mr. Wyatt said he didn't understand how the house and
property got permitted at that time; however, today there is a lot which is legally nonconforming with two
residential uses. Mr. Wyatt said that they are attempting to make at least one of the homes in conformity with
current ordinance standards and in doing so, they created the two -acre family lot and with the residual parcel, and
they were able to keep a 50 -foot building restriction line, which is also in conformity with current ordinance
standards. He said where they fall short is in the size of the residual lot and the frontage requirement. Mr. Wyatt
added that the disclosure note read by Mr. Cheran regarding the future Route 37 Bypass will be placed on the
final plats, along with the 25 -foot roadway dedication.
Commissioner Unger asked if there would be easements on the drainfields and Mr. Wyatt replied
yes, they were on the plat.
Commissioner Oates inquired if Miss Henry realized she could not sell this land for anumber of
years according to the family subdivision requirements and Mr. Wyatt replied yes.
Commissioner Manuel inquired if the applicant realized that the future path of Route 37 is goes
through this tract of land and Mr. Wyatt replied yes.
Chairman Wilmot called for anyone in the audience who would like to make comments. No one
came forward to speak and Chairman Wilmot closed the public comment portion of the meeting.
Upon motion made by Commissioner Manuel and seconded by Mr. Ambrogi,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Request #04 -09 of Bonnie Triplett, submitted by Greenway Engineering, to create two
lots consisting of 2.0 acres and 4.157 acres, for a family division at 1065 Airport Road, with a waiver of Section
144 -24B of the Frederick County Subdivision Ordinance which would allow a reduction of the 250 -foot required
public road frontage on a 4.157 -acre parcel; the granting of administrative approval authority for lots less than
five acres in area and with a density of less than one dwelling unit per five acres; and the granting of
administrative approval authority for a two -lot subdivision.
(Note: Commissioner Thomas was absent from the meeting.)
•
Frederick County Planning Commission Page 2558
Minutes of October 21, 2009
a
COMMISSION DISCUSSION
COMPREHENSIVE POLICY PLAN AMENDMENT— SEWER AND WATERSERVICEAUTHORITY
(SWSA) EXPANSION FOR THE ROCK HARBOR GOLF COURSE.
Deputy Planning Director, Michael T. Ruddy, reported that on September 14, 2009, the
Comprehensive Plans and Programs Executive Committee endorsed a draft amendment to the Round Hill Land
Use Plan known as the Rock Harbor Amendment to the Round Hill Land Use Plan. Mr. Ruddy said that through
the 2009 Comprehensive Policy Plan Amendment process, the Frederick County Board of Supervisors endorsed
the evaluation of an amendment to the Comprehensive Policy Plan to include the property known as the Rock
Harbor Golf Course. He explained that the amendment has two primary goals — first, to establish a new area of
land use that would specifically promote the recreational attributes of this area in conjunction with the open
spaces associated with the existing Rock Harbor Golf Course; and second, to create a well - designed Conference
Facility and Commercial Center with an orientation to the golf course and future Route 37 interchange. He said
the goals of the amendment seek to enable the development of land uses which will provide economic
development, tourism, and entertainment benefits to the community and to Frederick County, and further promote
the Pock Harbor Golf Course.
Mr. Ruddy said the result of this proposed amendment would be the addition of approximately
260 acres into the Sewer and Water Service Area (SWSA) and the addition of a new land use designation, a
Recreation and Conference Commercial Community, which promotes a balance of land uses with the recreational
component as the primary land use, supported by conference facilities, lodging, commercial activities, and a
limited amount of accessory membership residential opportunities. Mr. Ruddy next reviewed and discussed with
the Commission the components of the Rock Harbor Amendment to the Round Hill Community Land Use Plan,
which included Guiding Principles, Land Use with a specific Balance of Land Uses, Community Facilities,
• Design, Transportation, and Implementation.
Mr. Ruddy had an additional item to be discussed with this request. Mr. Ruddy said a letter has
been received from an adjacent property owner with a request to include approximately five acres into the
consideration of this Comprehensive Policy Plan amendment. He said the intent is to use the property in a manner
compatible with the Rock Harbor Golf Course, as a recreational commercial use.
Commissioner Mohn felt this amendment process had proceeded well; and, in particular, he was
pleased the applicant has been open to the process and hearing the committee's ideas as it moves along.
Commissioner Mohn said the whole idea behind this is to ensure that the project is successful and that it comes
together well. Commissioner Mohn encouraged some additional thought into the question of flexibility with the
Balance of Land Uses. He said he was not as much concerned with the overall breakdown of uses, but at this
point, tying some of the pieces together; for example, tying the conference facility and its minimum size to the
initiation of some of the residential membership opportunities. He could see where the residential memberships
may have some value, perhaps in advance of the conference facility, but not to the exclusion of the conference
facility and the commercial, in support of the recreational element, the golf course. He said the committee talked
about the 500- person capacity being a threshold, but he could see this as another area to proceed cautiously with
the Comprehensive Policy Plan so there is flexibility in developing the ordinance to implement this. He said
another aspect from the committee's perspective was the recommended path in adopting this amendment and
moving forward with the creation of an ordinance that would be specific to this type of use and area; however, it
was suggested that it may be preferable to get into the mechanics of the minimums and maximums later. He said
the only other key element was the issue of the trail and to ensure the County will get the connectivity, west to east
and north to south, and to provide some flexibility on how that is accomplished.
E
Frederick County Planning Commission Page 2559
Minutes of October 21.2009
-10-
Commissioner Oates stated that the committee put as much work into this as there could be at
this point in time. He thought the next step should be to let it be reviewed by the Board of Supervisors and get
• their comments.
Chairman Wilmot commented that a conference facility also has hotel rooms. Mr. Ruddy agreed
and added that water and sewer use and land use go hand -in -hand and there may be opportunities for some
creative things with wastewater, not just for this site, but for the area. He noted that the short-term limitations
and mechanics will need to be dealt with.
The Frederick County Sanitation Authority's (FCSA) Engineer - Director, Uwe E. Weindel, P.E.,
was available at the meeting at the request of the CPPC. Mr. Weindel spoke with the Planning Commission about
this SWSA expansion opportunity and the long -term planning necessary to provide water and waste water
resources within the UDA and SWSA. He said the FCSA continues to move forward with their effort to provide
these resources. Mr. Weindel also provided an overview of some of the short tern infrastructure issues that
needed to be addressed by development in this area of the County in support of future development projects. Mr.
Weindel said the key component to development of this area is Willow Run; he said without it, access to water
and sewer for the ultimate development of the Round Hill area, including Silver Lake, the Rock Harbor project,
and the existing community, would be problematic. In addition, he said the infrastructure in this area should be
appropriately sized to handle the future growth. Mr. Weindel said the treatment capacity is available, but the
conveyance of wastewater from the projects to the plant is an issue that will need to be addressed. Willow Run
will need to be enlarged or sized correctly. Mr. Weindel advised all parties of interest to meet together to
determine the goals and what provisions will need to be made in order to serve what is necessary to continue
development of the area for additional future growth.
Regarding the addition of the Kelley Robinson request, Commissioner Kriz said that if the
request stays within the intent stated, recreational commercial use, it should be included with this amendment.
• The Planning Commission believed that ultimately, this land use plan and request was a positive one that fit well
in this area.
TRANSFER OF DEVELOPMENT RIGHTS (TDR) ORDINANCE
Planning Director, Eric R Lawrence, reported that earlier this year, Frederick County adopted
the Rural Areas Policy which contained efforts to preserve the rural landscape, to preserve property owners'
rights, and to recognized the impacts of development in the rural areas and the demands for services. Mr.
Lawrence stated that one of the recommendations was to establish a Transfer of Development Rights (TDR)
Program. He explained that TDRs establish an opportunity for the agricultural landowners to capture their land
value without selling their land; it also promotes a continuation of the agricultural activities and land preservation.
He said the TDR redirects the demand for public service to more appropriate areas where services maybe more
efficiently provided The TDRs also establishes an opportunity for the land developers to acquire residential
density rights without going through the traditional rezoning process.
Mr. Lawrence said the draft ordinance has been provided to the Commission in the agenda
packet. He proceeded to do a brief overview of how it would be applied in Frederick County, detailing the
Sending Properties, the Receiving Properties, the Certification Process, and the Transfer Process. He noted that
according to the State Code and the draft ordinance amendment, the sending areas and the receiving areas will
need to be identified within the Comprehensive Policy Plan; he displayed the draft map showing the sending and
receiving areas. W. Lawrence explained the certification process for the sending properties and the Transfer of
Frederick County Planning Commission Page 2560
Minutes of October 21, 2009
-11-
Development Rights Certificate outlining how many density rights the property may transfer.
Commissioner Kriz asked who would give the final approval for the Letter of Intent and the
Transfer of Development Rights Certificate. Mr. Lawrence said according to the ordinance, the Planning
Department would oversee the program and approval would be an administrative process. Commissioner Kriz
also inquired what would be available to the sending property, if the UDA would be expanded to include the
sending property. Mr. Lawrence said the property owner would not get another opportunity to develop; he said
the State Code states that once development rights are sold through a TDR, the property cannot be developed.
Commissioner Rucdmran asked about the use of proffers with the TDR Program Mr. Lawrence
said the TDRs avoid the expected proffers from the developer. He said it will bean incentive for the development
community to look at the TDR Program, because not only do they avoid going through the rezoning process, with
its time and uncertainty, they do not have the proffer expectation.
Members of the Commission inquired about transportation improvements. Some remarked that
the County stands to lose some of the transportation proffers, either in terms of construction or money, depending
on the volume and scale, or with strategically located in -fill sites. They inquired about the extent to which that
may have been quantified for comparison, recognizing that in the Waal areas, there is no opportunity to receive
transportation proffers. Mr. Lawrence replied that there is still an obligation through the current process and
ordinances to address transportation impacts immediately adjacent to the site; however, the developer could avoid
the cash per unit requirement. Mr. Lawrence said that with the rural areas discussions, the concern was raised
that transportation impacts in the rural areas were not being mitigated. So, with the consideration of the TDR
Program, the idea that transportation impacts could be somewhat mitigated, not from a dollars aspect, but if those
houses were transferred out of the rural community, traffic congestion is slowed down that otherwise would show
up on the rural roads unsuitable for traffic.
• Commissioner Oates was concerned there was a possibility that development rights could be
given to properties with environmental features that would have previously rendered them unsuitable for
development. He was concerned about whether the typical 20 -lot subdivision might turn out to be much larger
because the developer wouldn't be required to meet the impacts of development. He thought there should be
some type of TIA required and some mechanism to force a developer to incorporate public trails and inter - parcel
connections. He also questioned the profitability for the sending properties, if they have to get surveyors or
environmentalists involved. Mr. Lawrence said there is an economic decision to be made. He said he didn't
expect a transfer right to be as valuable as a true build on your own, but the difference is that the owner gets to
keep his land and with it the viewshed or the agricultural opportunity. Mr. Lawrence said this is just another
option for property owners.
Some questions arose about the possibility of a landowner who might not receive the true full
value of the property. Mr. Lawrence emphasized that the TDR Program is a voluntary program; he said it is a
private financial transaction between property owners and they will need to come to agreement on a price. Mr.
Lawrence said it will be important to simplify the program structure.
Referring to the map, Commissioner Triplett mentioned that a number of sending properties are
already in land use; he asked if the TDR Program would change the tax rate on those properties. Mr. Lawrence
said according to the Commissioner of Revenue's office, if a property doesn't have development rights, assessed
value is reduced; however if the property is in land use, it already has a minimal assessed value. Mr. Lawrence
said if the property is kept in land use, it probably doesn't drastically affect tax obligations for real estate tax.
is
Frederick County Planning Commission Page 2561
Minutes of October 21. 2009
-12-
There was an additional comment made about the absence of TNDs (Traditional Neighborhod
is Design). Mr. Lawrence stated that the TND component will be included after the TND ordinance is adopted.
Mr. Lawrence stated that staff will forward all of the comments from the DRRC and the
Planning Commission to the Board of Supervisors for their consideration and direction.
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 9:35 p.m. by a
Respectfully submitted,
k . �vAA-4-�-
Jute . Wihno Chairman
Eric R Lawrence, Secretary
•
E
Frederick County Planning Commission Page 2562
Minutes of October 21, 2009