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PC_05-19-10_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 May 19, 2010. PRESENT: June M. Wilmot, Chairman[Member at Large; Roger L. Thomas, Vice Chairman) Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gamesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin 0. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick Williams, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA • Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz to adopt the May 19, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the April 7, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. Frederick County Planning Commission Page 2643 Minutes of May 19, 2010 -2- • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 5/10/10 Mtg. Commissioner Kriz reported that the CPPS received an update of the 2010 Northeast Land Use Plan (NELUP). He said the CPPS also discussed the 2010 -2030 Comprehensive Policy Plan Update. Sanitation Authority — 5/18/10 Mtg. Commissioner Unger reported that the Sanitation Authority held election of officers and reappointed the same officers as last term. He reported that rainfall for the month of April was 1.2 inches, which is down; however, rainfall for the year is still up. Water production for the two water plants was 1.6 and 1.9, which is very good; only one mgd of water was purchased from the City last month; 4.5 mgd was used; Parkins Mill Plant is producing approximately two mgd, which is normal. Commissioner Unger reported on the continuing problems with Stephens City sewer, which is generating about four times more volume than normal. He said the town is experiencing some infiltration problems when it rains and the Authority and Stephens City are working on the problem. Commissioner Unger also reported the Authority received six bids on the Red Bud pump station and Patterson Construction from Fredericksburg was the low bidder. • Winchester Planning Commission — 5/18/10 Mtg. Commissioner Mohn reported that the Winchester Planning Commission considered a small rezoning for commercial use for the Winchester Union Rescue Mission which was forwarded to City Council with a recommendation of approval. Commissioner Mohn also reported that the City is undergoing a Comprehensive Plan Update and has received considerable public input over the last two years and they are now working through the draft text. He said they discussed the first couple chapters of the Comprehensive Plan including the introduction, objectives, and vision statement. In general, a key concern of the Commission is to keep the text concise so it is accessible to the general public, especially as they move into more substantive sections of the plan. Commissioner Mohn noted these discussions will continue on a monthly basis. Economic Development Commission (EDC) — 5/07/10 Mtg. Commissioner Madagan reported that the EDC appointed Mr. Josh Phelps to the EDC's slot on the County's Review Committee for the Development Impact Model's Annual Update. He said the EDC voted to allow the City of Winchester to retain its seat on the EDC with full voting rights, if it provides funding in the amount of at least $72,000 for the coming fiscal year. The EDC Director I' 1 L Frederick County Planning Commission Page 2644 Minutes of May 19, 2010 -3- provided an update on proactive marketing. Additionally, the EDC was provided with a 2010 First Quarter Cost of Living Update. 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 MEETING An amendment to the 2007 Comprehensive Policy Plan — Eastern Frederick County Long -Range Land Use Plan and the Northeast Land Use Plan. Modifications are proposed for the Developmentally Sensitive Areas (DSA) designation in the vicinity of Route 11 North, to include the removal of areas of DSA and to reflect recently- approved development projects. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported this item was previously tabled for 60 days by the Planning Commission at their February meeting to allow additional time for the request to be reviewed and evaluated in conjunction with the public meeting held for the Northeast Land Use Plan (NELUP) update. Mr. Ruddy said the meeting was held on April 20, 2010 and was well attended. In general, the overall modifications to the Developmentally Sensitive Areas (DSA) appeared to be well received; there were no comments specific to the modification of the DSA in this area. Mr. Ruddy stated that following the Graystone rezoning application, the Board of Supervisors gave the direction to re- evaluate the DSA in a couple locations. Mr. Ruddy pointed out the specific areas for modification using a PowerPoint map; he said the area modified is generally bounded by Route 37 to the north; Milburn Road to the east, Route 11 to the west; and Red Bud Road to the south. Commissioner Unger inquired about a hatched horseshoe - shaped area on the "DSA - Before" map which was omitted on the "DSA- After" map. Mr. Ruddy replied this was part of a developmentally - sensitive area that was picked up on the original NELUP; he said this area recognizes the Milbume corridor and some additional land previously pointed out with some historical context. Commissioner Oates added that Howard Kittell, Shenandoah Valley Battlefields Foundation's Executive Director, showed this area back in 2001 -2002 as a Civil War encampment set up by soldiers preparing for the Third Battle. Commissioner Oates said this area was put in per the Shenandoah Valley Battlefields Foundation. Chairman Wilmot inquired if a stream was located within this area and Commissioner Oates replied no. Chairman Wilmot opened the public comment portion of the meeting and called for anyone wishing to speak. The following person came forward: • Frederick County Planning Commission Page 2645 Minutes of May 19, 2010 -4- • Mr. William (Bill) Myers, Stonewall District, asked the Commission for additional clarification between the two maps, the "DSA- Before" map and the "DSA- After" map. Mr. Ruddy clarified the modifications for Mr. Myers. No one else wished to speak and Chairman Wilmot closed the public comment portion of the meeting. No further issues or areas of concern were raised by the Commission members. Commissioner Thomas made a motion to recommend approval of the Comprehensive Policy Plan amendment to the Eastern Frederick County Long -Range Land Use Plan and the Northeast Land Use Plan as presented. This motion was seconded by Commissioner Mohn and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an amendment to the 2007 Comprehensive Policy Plan — Eastern Frederick County Long -Range Land Use Plan and the Northeast Land Use Plan. This amendment includes modifications for the Developmentally Sensitive Areas (DSA) designation in the vicinity of Route I1 North, to include the removal of areas of DSA and to reflect recently- approved development projects. is COMMISSION DISCUSSION ROUTE 11 NORTHEAST LAND USE PLAN Deputy Planning Director, Michael T. Ruddy, reported that a public informational input meeting took place on April 20, 2010, which was well attended with III community members participating. Mr. Ruddy said the update was generally well supported and public input guided the final draft of the land use plan. Mr. Ruddy said a particular effort of this study had been to reevaluate the transportation element to ensure it was supportive of proposed land uses. He said this update contains an enhanced transportation network which is functionally acceptable. Mr. Ruddy commented that Frederick County, for the first time, was able to utilize transportation modeling into a small area land use plan; this modeling verified that with minor modifications, the transportation network was balanced with the land use plan. Mr. Ruddy noted there were some modifications to the land uses originally part of the Northeast Land Use Plan (NELUP); those areas were refined and areas of OM (Office Manufacturing) are promoted, which is a relatively.new land use designation proposed by the County to accommodate targeted economic development opportunities. He said there were several locations of OM District designated within this particular area of the plan. Mr. Ruddy stated that Developmentally Sensitive Areas (DSAs) have been evaluated on several occasions. He said this plan emphasizes the DSAs and promotes it within the Red Bud Run corridor area, picking up on the historical properties, the efforts, and environmental land within that vicinity. Mr. Ruddy pointed out that the Comprehensive Plans & Programs Committee (CPPC) evaluated and endorsed this plan. He said discussion occurred specifically on the location of the recently- Frederick County Planning Commission Page 2646 Minutes of May 19, 2010 -5- • rezoned Graystone property. He noted the Land Use Plan proposes this as a primary property for OM District, yet the group recognized the property was recently rezoned to MI District. He said the CPPC questioned whether the OM designation should be maintained as a future land use or to recognize the recently approved MI Zoning designation. Mr. Ruddy believed both were valid paths and the CPPC had discussions in both directions. He said generally, the CPPC favored maintaining the M1 as opposed to the OM designation, but any input from the Commission on that topic would be appreciated. Commissioner Mohn, who chaired the working group for the study and update, stated this was a long process, but it resulted in a good product. He said some of the points about the uses, particularly with the Graystone site, will have to be worked through as it goes through the public process. Commissioner Mohn commented there had been considerable opportunity for input. WATER SERVICE IN THE STEPHENSON AREA Planning Director, Eric R. Lawrence, reported that last Fall, the County received a request to enable an existing residence of the Stephenson area to gain access to a public water line located within their front yard. Mr. Lawrence said this residence was located outside of the Sewer and Water Service Area (SWSA) and was, therefore, by policy, not permitted to access this public water. Many of the property's adjacent neighbors, while also outside of the SWSA, did have water service. He said the Board of Supervisors ultimately granted the residence access to the water service on November 18, 2009. Mr. Lawrence said that through the Board's deliberations, it was noted that other is properties exist that utilize the public water service, but are located outside the SWSA. He said a list of properties located outside the SWSA, but connected to public water, was established. Another list will be created consisting of properties located outside of the SWSA, not utilizing the water service, but with water lines existing on their properties. He said these lists could be considered at a future Board meeting for adoption as an exception to the SWSA, formalizing their policy rights to utilize the water service. Looking first at Frederick County as a whole, Mr. Lawrence said GIS (Geographic Information Services) identified 344 parcels that are traversed by FCSA (Frederick County Sanitation Authority) water lines, yet are located outside of the SWSA. He said preliminary research indicates the water lines predate the County's SWSA policy or had gained individual exceptions. Mr. Lawrence stated that the Stephenson community was evaluated as a prototype, since there are no sewer connections in this area, and staff identified 66 properties which appear to have access to water; 51 of those properties have water meters. Mr. Lawrence said these properties appear to be appropriate amendments to the SWSA policy in the Stephenson area. A policy amendment would deem: the 51 FCSA accounts to be in conformance with County policy; and, the 15 addresses would be appropriate for future water service, should the property owners wish to connect to the service. Mr. Lawrence stated that if the Planning Commission and the Board of Supervisors believe the concept of the SWSA policy amendment is appropriate, the staff will continue the research and cross - record checking with the FCSA to identify all properties outside of the SWSA to determine: 1) properties already utilizing FCSA services; and, 2) properties already adjacent to existing lines, but without FCSA service. Mr. Lawrence pointed out that this process is not to modify the SWSA, but to • identify those properties which have current water service and possibly create an opportunity for the Frederick County Planning Commission Page 2647 Minutes of May 19, 2010 • Board of Supervisors to accommodate them through a formal process and grant them permission to utilize the water service. Commissioner Kriz spoke in favor of establishing a policy, particularly if the water line runs through someone's yard who wants to tap in. He said if a property is adjacent or connects, he was also in favor of some type of policy amendment. Commissioner Triplett asked if the 15 addresses identified were older homes. Mr. Lawrence said only existing homes were identified, not necessarily older. Mr. Lawrence said, in theory, these are small lots that probably could not be built on a private health system because of today's standards. Mr. Lawrence said he would guess they are older, probably constructed between the 1940's and 1950s. Commissioner Triplett was also in favor of establishing a policy for these residences. Commissioner Unger asked for more clarification on the history of how this situation came into being. Mr. Lawrence said that although the history of events was not fully documented, the staff has had discussions with persons who had some knowledge of what took place. Mr. Lawrence said when the lines were installed, a low - interest financing option was available to help pay for the lines; everyone was provided an opportunity to tap in. However, if a home owner tapped in, they accepted an obligation to pay not only the individual tap fee, but to help pay for the installation of the main line. Mr. Lawrence said some owners were not interested in tapping in. Commissioner Unger also agreed the residences with water lines on or near their property should be allowed access. Chairman Wilmot assumed the water line was not put along Jordan Springs Road for the purpose of serving these homes, but was installed for another reason. Mr. Lawrence said it was his • understanding that the water line was installed to provide potable water to the residents in that area. Commissioner Crockett asked for confirmation that the 51 residences were connected with the Sanitation Authority for water use only and not sewer. Mr. Lawrence replied this was correct; he said 15 residences were identified that were not connected to the water, but had water lines crossing their property. Commissioner Crockett asked if there was a downside to this situation and Mr. Lawrence replied that one possibility would be that it may set a precedent to other areas of the County. Commissioner Thomas believed that if the water line was running across a homeowner's property, the homeowner should be allowed to tap into it. Commissioner Thomas said the County would have to be cautious where a property contains one existing residence, but has 50 or more acres associated with it. He said the policy should be written in such a way whereby the homeowner is limited to only one connection; he said it should not provide the opportunity to subdivide 20 lots and connect all those lots to public water. Commissioner Thomas suggested the wording be based on recorded lots or housing as of 1990 or 2000 as the number of connections a homeowner would get on the lot. He didn't think it was desirable to have a 300 -house community on one of these properties outside the SWSA simply because a water line crossed it. Mr. Lawrence believed the approach desired by the Board of Supervisors was to document within the Board minutes which properties had permission to tap into the water line. He said as a part of limiting this to one structure, the staff could identify the property identification numbers, along with the actual structure address. Mr. Lawrence said the staff could provide a list of all the properties that have permission to have one residential connection. Mr. Lawrence said the Board is seeking a recommendation for the residences that do have water service and a recommendation for the properties • Frederick County Planning Commission Page 2648 Minutes of May 19, 2010 -7- • that do not. He said ultimately, if a working concept is established for Stephenson, the staff could apply it to the entire county, with the Board's approval. Chairman Wilmot inquired if the discussion was focused on retail service lines and not major transmission lines. Chairman Wilmot commented about suggesting to the Sanitation Authority that a statement be included within the policy noting there should be no new distribution lines constructed outside of the SWSA. Commissioner Thomas commented that before considering a county -wide policy, the Commission should take a look at what is taking place in the southern part of the County. Mr. Lawrence said the goal is to determine what authorizes FCSA to serve the residences in the Stephenson area that are outside of the SWSA. Mr. Lawrence said this would be included as an adopted policy statement, with a list of all the property owners. Mr. Lawrence said he would forward the Commission's comments to the Board, which included: policy statements for Stephenson may not be appropriate for other locations in the County and it will need to be determined whether or not different policies were needed for different areas, or whether a global policy would suffice, it was logical to specifically identify the properties included; the policy should limit one tap per existing dwelling so that subdividing large properties with water was not pursued; and, future distribution service lines should not be extended for residential use. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary • Frederick County Planning Commission Page 2649 Minutes of Mav 19, 2010