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PC_06-02-10_Meeting_MinutesMEETING MINUTES • OF THE COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 2, 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; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Christopher Collins, Board of Supervisors Liaison. ABSENT: Charles E. Triplett, Gainesboro District 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 June 2, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Thomas and unanimously passed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the April 21, 2010, minutes of the Frederick County Planning Commission were unanimously approved as presented. • Frederick County Planning Commission Page 2650 Minutes of June 2, 2010 -2- • COMMITTEE REPORTS Transportation Committee — 5124110 Mtg. Commissioner Kriz reported on the following items from the Transportation Committee meeting: 1) Valley Mill Road Truck Restriction — recommended to postpone moving forward until other surrounding area land owners, who are pursuing development, have submitted plans to the Planning Department; 2) Springdale Road Speed Limit Reduction — committee believed a traffic study would most likely not justify a speed reduction; however, staff was directed to investigate signage and confer with appropriate law enforcement personnel; 3) Valley Mill Road Area Alternatives — TIA scoping conducted for the Carriage Park development; this will unofficially be shared with the planning Department to keep all parties abreast of this alternative; 4) Route 37 Update — VDOT representatives reported that the field survey for the centerline has been completed; base maps will be completed this summer; two test sections will be established in late summer, followed by a meeting with county officials; final design of centerline will be completed in 2011; a public input meeting should be held in 2011; 5) 2010 Revenue Sharing Application — forwarded to the Board of Supervisors and includes $400,000 for improvements on the northern end of Route 11; $600,000 for the Valley Mill area; matching proffers are available for both projects. 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 Rock Harbor Amendment to the Round Hill Community Land Use Plan. An amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land use, to update the Round Hill Land Use Plan which includes an expansion of the Sewer and Water Service Area (SWSA) by approximately 265 acres. The amendment establishes a new area of land use that promotes the recreational and open space attributes of this area and supports a well- designed conference facility and commercial center, with a limited amount of accessory residential opportunities and an orientation to the golf course and future Route 37 Interchange. The area is generally located west of Route 37 and south of the Winchester and Western Railroad in the Back Creek Magisterial District. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported this is a Comprehensive Plan amendment request which has been discussed by the Planning Commission and the Board of Supervisors on multiple occasions over the past year. This request entails the inclusion of the 260 -acre Rock Harbor Golf Course into the Sewer and Water Service Area (SWSA). Mr. Ruddy said the property owner had requested something that would accommodate a proposed conference facility, extended stay residential, • and commercial land uses, with some accessory residential. He said the Board of Supervisors directed the Frederick County Planning Commission Page 2651 Minutes of June 2, 2010 -3- Planning Commission and staff to move forward with an evaluation of this request. Mr. Ruddy said the • guiding principles of the request revolve around establishing a new area of land use that does indeed promote the golf course, the recreational attributes of this area, and also creates a well- designed recreation and conference facility with some accessory residential and commercial land uses. He pointed out the land use plan identifies a new land use designation and it also addresses important community facilities, including transportation, water and sewer infrastructure, and overall design of any potential project appropriate for this land use area. Mr. Ruddy continued, stating that one of the key themes within the land use plan is a proposed balance of land uses which includes the recreational, open space, commercial, and membership components. Within the land use text, definitions are added to each area which are quite flexible. There is a balance of land uses and those uses are quite flexible at this time. He added that the proposed area of land use fits in nicely with the existing Round Hill Community Land Use Plan and provides an important connection between the Round Hill Land use Plan and the recently- approved West Jubal Early Land Use Plan, with the focus and orientation being on the future Route 37 Interchange in this location. He also noted that the area known as the Robinson tract was additionally brought in to the request. Mr. Evan A. Wyatt, with Greenway Engineering, was representing the Rock Harbor Golf Course and the Perrys, the owners of the property. Mr. Wyatt said the Perrys had two goals in mind: the opportunity to place a conference facility that would be appropriate for the community as a whole, and secondly, to make sure there were land uses that could continue to sustain Rock Harbor as a golf course. He said the balance of land uses described by the staff is an interesting concept and a unique plan in that it provides for a variety of large and small -scale commercial uses, as well as extended stay lodging, and restaurant and retail expansion for the golf course, as well as accessory residential. The type of residential anticipated is gated age- restricted and membership based. Mr. Wyatt said these were the • types of things that keep the golf course going. He said the Perrys do not want to see the golf course recycled over time. Mr. Wyatt next commented about the opportunity to do gray water application, since this will be a 60% minimum open space project, which could take some of the burden off the sewer system. He said the Commissioner of Revenue would have the ability by Code to assess the 60% open space at the current land value tax rate; however, the areas defined for the conference center, the extended stay lodging, the restaurant, the retails, etc. would clearly be assessed at the retailtrestaurant/lodging rate. He said they were pleased the Board endorsed moving this forward to public hearing with the extension of the SW SA because in order to actively market this and have the right partners in place, it was important to show that the County is committed, by policy and by water and sewer potential, to make this a reality. Mr. Wyatt said that throughout this process, the Planning Staff has been particularly accommodating and as the language has been crafted, concerns were identified and sent through committee. He said one item in particular mentioned by staff was the flexibility of land uses. He said the applicants agree and want to make sure there is flexibility to implement this plan. Mr. Wyatt said the percentages established, 60% open, 30% commercial, and 10% accessory membership /residential, seem to be a good balance and has the golf course remaining as the primary use; there is a major commercial component and some minor residential. Mr. Wyatt believed a little better flexibility could be provided if the language could be revised to state there is an expectation that a commercial component could be developed in advance of accessory residential. This would give the Perrys flexibility to do some of the commercial ventures and possibly some accessory residential, with the conference facility later, if they are not quite ready. Mr. Wyatt said they have yet to go through the ordinance process, so the percentages, the timing, the sliding -scale percentages, etc. all need to be discussed, developed, and resolved. • Frederick County Planning Commission Page 2652 Minutes of June 2, 2010 -4- Mr. Wyatt said what they are hoping will come out of this Planning Commission meeting • tonight is a favorable recommendation for the expansion of the SWSA and the endorsement of the language as written with the one minor adjustment that requires a commercial center upfront, but not necessarily the conference facility. Commissioner Unger asked Mr. Wyatt if he anticipated the commercial to be either a motel or restaurant. Mr. Wyatt said that according to the Commissioner of Revenue, the extended stay lodging package would be assessed at commercial value, similar to a hotel. Mr. Wyatt said there is also a desire to expand the restaurant and retail facility, which would be taxable to the County and revenue - generating to the County. He said this commercial expansion would be to try to sustain what Rock Harbor is looking for, which is income to keep the golf course moving. Mr. Wyatt said they are not suggesting a 2,000 square foot addition and entitlement to all of the residential, but want to work at these ideas at the ordinance level. Commissioner Unger believed the applicant should be allowed a certain percentage of residential prior to the conference facility, in order to get the project rolling. Mr. Wyatt said he was not in favor of placing percentages of uses in the Comprehensive Policy Plan, but he was hoping for a statement guiding in that direction. Commissioner Thomas asked Mr. Wyatt what language in particular he was concerned about. Referring to Page 2, under Balance of Land Uses, Mr. Wyatt said he was comfortable with the percentages created for the types of land uses, however, under commercial, there is a statement that the conference center shall be in place prior to the commencement of accessory residential land use. Mr. Wyatt believed it may be difficult to deliver that immediately and, possibly prolong the second part of what Rock Harbor is trying to do, which is land uses that can sustain the golf course community as a whole. Mr. Wyatt said language exists in the body of the text that clearly points to the conference facility, so he didn't think if it was removed from this particular section it would get lost in the plan. He • suggested that if the Commission wasn't comfortable eliminating it, it could be stated it was expected that commercial components be in place prior to the commencement of accessory residential. Mr. Wyatt preferred the policy not mandate that the first thing out of the box had to be the conference facility. Chairman Wilmot affirmed that everyone is indeed excited about the idea of a conference facility. She said one of the things that could help the cause is some definition of what a conference center is. She said many hotels call themselves a conference center, but in actuality, they are not. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot inquired of the staff if the Board's direction was whether this would become an overlay or a totally new district. Mr. Ruddy replied that the Board endorsed what was presented in the implementation, which was the creation of a new zoning district designation. He said it may be termed an overlay, but it would be something new to accommodate this balance of land uses. Commissioner Oates pointed out that when the Commission discussed this last fall, the Executive Director of the Sanitation Authority spoke out about concerns regarding the process of getting sewer up through here and getting the neighbors and developers to work together. He said there was no one present this evening from the Sanitation Authority or no correspondence received. Mr. Ruddy said the Sanitation Authority has certainly been involved with this process all the way through. Mr. Ruddy said at the Board of Supervisors' discussion, they talked about the need for regional cooperation in this area and for this particular project, just like other projects, to participate in the regional planning and • Frederick County Planning Commission Page 2653 Minutes of June 2, 2010 -5- • assume some responsibility for implementation. Mr. Ruddy said in recognition of the big picture of things, there is the ability to provide water service in sufficient supply, but there was work to be done on the actual implementation. Mr. Ruddy said the way in which the language is set up, under community facilities in particular, it states that it is essential to ensure that the infrastructure and facilities are provided in a timely and coordinated manner, which would be done through the rezoning of projects in this particular area. He said the policy language will make sure projects do indeed participate and fit into the big picture of water and sewer in this area. Commissioner Thomas asked what the next step would be, if this amendment passes and becomes a part of the zoning ordinance; he inquired if the staff had considered a definition for a conference center facility. Commissioner Thomas suggested that if this goes forward and the DRRS begins to consider the ordinance amendment, it may be beneficial for those involved to make a trip to the fish/wildlife conference center just north of Shepherdstown, which is a conference center /museum. He said they have about 20 separate conference facilities that could hold about 100 -200 people. He said it was on a large scale, but was more of a rustic, recreational conference center facility with a cafeteria, restaurant, and minimal residential. Mr. Ruddy explained the next step would be for the DRRC to develop standards and criteria before this is implemented. Mr. Ruddy said when this was first presented, everyone had a similar vision in mind and it would need to be ensured this was well written into the future zoning designation accommodating this land use. Mr. Ruddy said this was approached as a SWSA expansion, recreational/commercial opportunity, not predominantly residential. Mr. Ruddy said the conference facility was clearly thought of being something other than a hotel with a meeting room. He added that while the land use plan and text is quite flexible, it still guides into a direction of a more specific zoning • designation. Conunissioner Thomas said there were some deliberations when the committees and the Commission were considering the Medical Support Overlay District and whether it should be specific for one development or made more generic so it could be used in other areas of the County. He said this is something to consider with this district as well. Mr. Ruddy agreed. He said the zoning designation could be applied elsewhere; however, the approach with this particular land use plan within Round Hill does tie it into a particular area. Commissioner Mohn referenced the balance of land uses and he asked the staff if the wording for the commercial might be more generalized. He said there is still the expectation that some degree of commercial development may precede the accessory residential, but not necessarily the conference facility. Commissioner Mohn believed the conference facility is clearly identified as an expectation in the body. He said when we call out for the conference facility specifically as a precedent to other uses, it doesn't feel quite as flexible. Mr. Ruddy replied the two main goals of this land use plan are to establish a new area of land use and secondly, to create a well - designed conference facility integrated with commercial land uses; he thought it was important to maintain the emphasis on the conference facility. Commissioner Unger was in favor of some initial commercial and residential development. He suggested that percentages be placed on the residential and commercial development completed and when that percentage is reached, the conference center would have to be started. • Frederick County Planning Commission Page 2654 Minutes of June 2, 2010 -6- Commissioner Thomas commented that the construction of a conference center is not • going to be an inexpensive undertaking. He said to make this workable, flexibility should be provided and the language refined possibly to state the conference facility needs to be commenced prior to 50% of the residential land uses. He said the developer will need some cash flow to be able to construct the conference center. The question is how to make this economically viable for the developer so the County will get something it can be proud of, as well as be a benefit to the community. He said if the goal is to have a magnet area to draw conferences from a broad area, the facility will have to be done well so it can attract the clientele needed to make it economically viable. Commissioner Thomas believed the language needed to be a little more flexible to achieve this goal. Commissioner Crosen concurred with the previous views and he also thought there needed to be flexibility, especially because of the financial side. He said everyone wants to see the conference center, but there must be the ability to attract the clientele. He thought some vibrancy surrounding the conference center and some growth orientation will make the project better off. Mr. Ruddy said one approach then, would be to forward the existing language to the Board along with alternative language containing greater flexibility. A consensus of the Commission indicated that everyone was in favor of more flexibility regarding the conference center. Commissioner Unger made a motion to recommend approval of the Rock Harbor amendment to the Round Hill Land Use Plan with some flexibility included regarding the construction of the conference center and with the expansion of the SWSA. This motion was seconded by Commissioner Crosen and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval • of the Rock Harbor amendment to the Round Hill Community Land Use Plan with the inclusion of flexibility within the language regarding the construction of a conference center. This amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Round Hill Land Use Plan includes an expansion of the Sewer and Water Service Area (SWSA) by approximately 265 acres. The amendment establishes a new area of land use that promotes the recreational and open space attributes of this area and supports a well - designed conference facility and commercial center, with a limited amount of accessory residential opportunities and an orientation to the golf course and future Route 37 Interchange. This recommendation was passed to the Board of Supervisors by the following majority vote: YES (TO REC. APPROVAL) Mohn, Lemieux, Kriz, Madagan, Thomas, Wilmot, Crockett, Manuel, Crosen, Ambrogi, Unger NO: Oates (Note: Commissioner Triplett was absent from the meeting.) • Frederick County Planning Commission Page 2655 Minutes of June 2, 2010 -7— OTHER • CPEAV Certified Planning Commissioners On behalf of the entire Commission, Chairman Wilmot congratulated the three newly- certified planning commissioners, Mr. Roger Crosen, Mr. J. Stanley Crockett, and Mr. Brian Madagan. Chairman Wilmot announced that the Commissioners have successfully completed the Citizens Planning and Education Association of Virginia's Certified Planning Commissioners Program. CANCELLATION OF THE JUNE 16, 2010 PLANNING COMMISSION MEETING Chairman Wilmot announced the cancellation of the Planning Commission's June 16, 2010 meeting. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by a • unanimous vote. Respectfully submitted, J�� une M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2656 Minutes of June 2, 2010