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PC_12-01-10_Meeting_MinutesMEETING MINUTES OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 1, 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; and Roderick B. Williams, County Attorney. ABSENT: Philip E. Lemieux, Red Bud District; Charles E. Triplett, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; 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 December 1, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Thomas and unanimously passed. Transportation Committee — 11/22/10 Mtg. Commissioner Kriz reported on the following items from the Transportation Committee: 1) Comprehensive Policy Plan Update — a few changes were suggested and will be incorporated into the text before the public hearing; 2) Route 522 Study — discussion regarding the MPO's (Metropolitan Planning Organization) needs from the Transportation Committee; 3) VDOT Route 37 Work — review of the October 21 meeting among the Planning Staff, Transportation Committee members, and VDOT's Staunton Office Staff, was reviewed; the Transportation Committee was satisfied with progress made and recommended that flyovers be added for certain intersections; 4) Rural Long Range Plans — VDOT, with the aid of consultants, has been working to update the Rural Long -Range Plans; this does not include roads in the MPO's Long -Range Plan; comments will be forwarded; 5) Other — Greenway Engineering's Evan A. Wyatt, requested a study on pedestrian walkways that lead to nowhere and do not connect with other walkways. He suggested that proffer monies could be set aside or used for other similar walkways that are in need of funds. • Frederick County Planning Commission Page 2707 Minutes of December 1, 2010 -2- is CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. PRESENTATION BY SARA HOLLBERG, VALLEY CONSERVATION COUNCIL Ms. Sara Hollberg, a planner with the Valley Conservation Council, and author of the book, Better Models for Development in the Shenandoah Valley 2010, gave a presentation on environmentally sustainable development practices in the Shenandoah Valley. Ms. Hollberg's book encourages development that brings environmental benefits, as well as economic value. She provided detail and slides on the following Six Principles for Better Development described in her book: Conserve Natural and Scenic Assets; Conserve As You Go, Build Livable Communities; Preserve Historic Resources; Respect Local Character in New Construction; and Reduce the Impact of the Car. Chairman Wilmot said she recently had a question from a housing developer regarding best management practices for open space areas. The issue for the developer was the use, appearance, • and maintenance of open spaces within developments. Ms. Hollberg said it is good to have standards so that when a development is designed, the open space is aiming for something, with a goal in mind, rather than simply being a leftover space. Ms. Hollberg said the open space needs to be designed carefully and the developer could possibly demonstrate what it is that they are providing in the open space. Is the open space intended to be used for recreational purposes or is it for riparian protection? If the goal is rural area protection, there are several different ways to accomplish that. Is the open space retaining the farm lot in a way that is useful to the farmer or, is it intended for viewshed protection? Commissioner Thomas raised the issue of revising the County's parking lot ordinance. He said it has always been an issue for him that 90 % of the parking lots are only used 10% of the time and the County is left with all of these impervious surfaces without rain gardens or other methods to control runoff and reduce pollution. Commissioner Thomas said the County has discussed this issue, but has made very little progress in revising the ordinance. He thought this was an area the County could make a lot of progress in a short period of time; he said it may not be well received by developers, but it would do a lot for the environment. Planning Director, Eric R. Lawrence, stated that the Board of Supervisors held a work session yesterday with Public Works Committee and several of the Planning Commissioners; one of the discussion items was curb and gutters within parking lots. Mr. Lawrence said the group recognized the new State storm water management regulations drafted last year, but which have been put on hold as they are being considered by the new governor. He said it was believed that localities will need to be creative in how they deal with storm water and the consensus was that Frederick County's ordinance provides that needed flexibility. Mr. Lawrence remarked that under the State Code, Frederick County does not have the ability to require creative storm water solutions. However, from a planning perspective, the ordinance creates the flexibility, so if someone comes up with a unique and creative storm water management Frederick County Planning Commission Page 2708 Minutes of December 1, 2010 -3- ® solution, which the Public Works Department believes is appropriate, the County's codes will accommodate it. On behalf of the entire Planning Commission, Chairman Wilmot thanked Ms. Hollberg for her informative presentation. PUBLIC HEARING Comprehensive Policy Plan Amendment (CPPA) #01 -10 of Tasker Woods —This is an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Tasker Woods Land Use Plan and the Eastern Frederick County Long -Range Land Use Plan which includes an expansion of the Sewer and Water Service Area (SWSA) of approximately 2.41 acres and an expansion of the Urban Development Area (UDA) of approximately 9.09 acres. This amendment also modifies the land use designation within the proposed UDA expansion area from commercial to residential and would allow commercial land uses within the proposed SWSA expansion area. The area is generally located west of Route 522 South, north of Tasker Road, and south of Macedonia Church Road, in the Shawnee Magisterial District. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported this request is specifically for a 9.09 -acre modification to the Urban Development Area (UDA) for residential land uses to the south of Tasker Woods and a 2.41 -acre Sewer and Water Service Area (SWSA) adjustment for commercial uses to the north. Mr. Ruddy said that previously, the Comprehensive Plan Committee (CPPC), in addition to the Planning Commission, discussed this Comprehensive Policy Plan Amendment (CPPA) and the proposed changes to the Tasker Woods Land Use Plan (LUP). In doing so, the CPPC and the Commission provided a recommendation for additional residential land uses in the area to the north and agreed with the residential expansion of the UDA in the area to the south. He said a couple of additional commitments were included in the recommendation at that time regarding access to the property to the north, regarding maintaining the number of residential units for the balance of the project, and insuring the environmental features within the southern part of the project were maintained. The Planning Commission had also encouraged the applicant to examine the B2 Overlay on the adjacent commercial property. Mr. Ruddy explained that a couple of events occurred since the Planning Commission made that recommendation. First and foremost, the Planning Staff received a request from an adjacent property owner with a 2.83 -acre parcel to be included with this CPPA request. This would be an additional 2.83 acres of UDA, which would accommodate the residential land uses. Mr. Ruddy noted that with that request, the Board of Supervisors ultimately directed to move forward with the UDA expansion in the southern part of Tasker Woods, which accommodated the original request of the applicant and the secondary request of the adjacent property owner, and to move forward with a SWSA adjustment for commercial uses at the intersection of Route 522 and Macedonia Church Road. Mr. Ruddy said the Board of Supervisors authorized the staff to move forward with a public hearing. • Frederick County Planning Commission Page 2709 Minutes of December 1, 2010 Mr. Ronald Mislowsky, with Patton, Harris, Rust & Associates, Inc. (PHR &A), said his firm began to discuss this project with the County back in January of 2010. Mr. Mislowsky said the Tasker Woods portion of the request is fairly clear: expansion of the UDA to the south to preserve existing streams and wetlands while maintaining the developer's commitment to not increase the number of units above the 319 allowed with the existing rezoning. Mr. Mislowsky said they would also like to have the SWSA expanded to the north as described; he did not think the best use for that land was residential. He said that although access may be a challenge, they believed this should be a commercial parcel and will work with the staff and VDOT at rezoning to establish an adequate method of gaining access to that parcel for commercial use. Commissioner Kriz asked the applicant what type of commercial was intended. Mr. Mislowsky replied that a residential office, a medical or dental office, or a bank was envisioned. He said a commitment was originally made with Pastor Dulley to not pursue a convenience store or a gas station. Mr. Mislowsky pointed out that all of the land along Route 522 is identified in the Comprehensive Policy Plan for commercial as well. He said there could possibly be a phased development of some smaller commercial use for the residential, but as the property to the south develops and inter - parcel access is required for those developments, this parcel could develop in conjunction with the adjacent parcel. Mr. Mislowsky said they fully understand there are development challenges on this lot, but he believed this would drive creative solutions. Commissioner Unger asked why a convenience store was eliminated as a possibility. Mr. Mislowsky said they had made a previous commitment with the church when they were originally working on Tasker Woods. Mr. Mislowsky said that because of the access limitations at this intersection, and every intersection along Route 522, it will be difficult to get enough access points to satisfy commercial use; therefore, it would probably not be feasible for a gasoline station or convenience market • on that corner. Commissioner Thomas asked how including the proposed residential to the south as an additional UDA area would protect existing wetlands and the stream. Mr. Mislowsky replied that during the initial reviews, they had compiled a plan showing some apartment units with driveway crossings over the wetlands and with units in amongst the streams. He said if this was a commercial site, in attempting to get the required parking and density, more of the wetlands would be impacted. Commissioner Thomas asked if the original plan had a proffer for a traffic signal in the commercial area to the north. Commissioner Thomas said there were also some proffers on road work, although the Commission had not gotten everything they wanted. Commissioner Thomas explained that he travels this road twice a day and he described the traffic congestion; he said when Tasker Woods is developed with 300 homes, there will be gridlock. Mr. Mislowsky said that negotiations had occurred and much of this road will be four lanes with a median, a traffic signal, and a significant stacking area. Commissioner Oates recalled from the CPPC meetings, that Patrick Sowers had mentioned there would be a right -in, right -out entrance across from the church; he asked if that was still the expectation. Mr. Mislowsky replied the access management guidelines allow for a right -in, right -out on Tasker Road; however, knowing there were some objections, they were searching for other ways to get the access. Mr. Mislowsky said they arrived at the scenario depicted on this plan as a possibility; he said the final determination will be made at the time of rezoning with the Planning Commission and VDOT. • Frederick County Planning Commission Page 2710 Minutes of December 1, 2010 -5- Commissioner Oates said he agreed with what the CPPS and the Planning Commission had recommended; however, he could not go along with the commercial on the north end desired by the Board of Supervisors. He believed it would create a dangerous situation. Chairman Wilmot next opened the public hearing and asked for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas commented this area is designated as "proposed commercial ;" however, even if the Planning Commission extends the SWSA, the parcel still has to be rezoned. Commissioner Unger thought the appearance of commercial in this area along Route 522 would look better than placing houses. Commissioner Mohn thought the commercial designation made more sense from a land use perspective. He said this may not develop until the other parcels come on line, which would result in a more integrated commercial development, however, in the case of it developing independently, it would have to pass muster through the rezoning process. He predicted there will be a significant amount of analysis at that point and any safety issues would need to be mitigated. Commissioner Mohn stated that generally speaking, he was comfortable with this proposal. Commissioner Thomas stated that he most likely would not vote in favor of this being a commercial area. He said the elevation is higher than the surrounding area and he didn't think safe access could be achieved, unless the entire corridor along there was commercially developed and the access was further south. Commissioner Kriz stated he continues to agree with the CPPC recommendation and the developer seemed to be satisfied with it. Commissioner Manuel, a member of the CPPC and a resident of Shawnee District, stated that this proposal had been discussed quite thoroughly and he believed it was ready to move forward. Commissioner Manuel believed that any safety concerns could be covered at the rezoning level. Commissioner Manuel next made a motion to recommend approval of the proposal. This motion was seconded by Commissioner Mohn and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Comprehensive Policy Plan Amendment (CPPA) 401 -10 of Tasker Woods — This is an amendment to the 2007 Comprehensive Policy Plan, Chapter 6, Land Use, to update the Tasker Woods Land Use Plan and the Eastern Frederick County Long -Range Land Use Plan which includes an expansion of the Sewer and Water Service Area (SWSA) of approximately 2.41 acres and an expansion of the Urban Development Area (UDA) of approximately 9.09 acres. The amendment also modifies the land use designation within the proposed UDA expansion area from commercial to residential and would allow commercial land uses within the proposed SWSA expansion area. The majority vote was as follows: • Frederick County Planning Commission Page 2711 Minutes of December 1, 2010 6 YES (TO REC. APPROVAL) Unger, Crosen, Ambrogi, Manuel, Crockett, Wilmot, Mohn NO: Oates, Thomas, Madagan, Kriz (Note: Commissioners Triplett and Lemieux were absent from the meeting.) COMMISSION DISCUSSION 2011 -2012 CAPITAL IMPROVEMENTS PLAN (CIP) OF FREDERICK COUNTY Deputy Planning Director, Michael T. Ruddy, presented a summary of the proposed 2011 -2012 CIP (Capital Improvements Plan) for the Planning Commission's discussion. Mr. Ruddy stated that the CPPC (Comprehensive Plans & Policies Committee) found the CIP to be in conformance with the County's Comprehensive Policy Plan, for the purpose of meeting State Code requirements. He said the projects contained within the plan continue to reinforce the connection of the CIP and future rezonings, along with the County's budget. Mr. Ruddy pointed out there are 77 total projects within the CIP this year, with five of those being new projects. Mr. Ruddy next reviewed some of the project requests from the Frederick County Public Schools, the Department of Parks and Recreation, Transportation, Winchester Regional Airport, County Administration, the Public Works Department, and the Department of Fire and Rescue. Mr. Ruddy • pointed out one additional request received just yesterday through the Acting Chief of Fire & Rescue from the Clearbrook Volunteer Company. He said the request is for a signalization system, which is a pre - emption devise and allows the Fire & Rescue equipment to safely maneuver through traffic signals. Mr. Ruddy commented that adding this new request would allow Clearbrook to use proffer funding to obtain this capital improvement. Commissioner Kriz asked if any projects are completed from last year's CIP. He also wanted to know if the various departments and agencies are continuing to work together on capital improvements requests. Mr. Ruddy replied that several projects have advanced to a higher level, but nothing has been completed and moved off the list. Mr. Ruddy stated the different departments are continuing to collaborate with each other; and with last year's mapping effort by the Department of Parks & Recreation and the public schools to coincide project locations, there has been enhanced awareness within those departments and their needs. Mr. Thomas had a question about the table for public schools. Mr. Thomas asked if the absence of dollar amounts in the columns for 2011 -2016 meant that none of those projects are anticipated during the next six years. Mr. Ruddy replied it does not; he said the schools are currently working through their CIP process and the values shown are estimated costs. Mr. Ruddy said the public schools are still working with the School Board and their Buildings & Grounds Committee to determine when specific projects will be started and the cost breakouts. He said it was decided to just leave these columns blank for now, in anticipation of those decisions being made prior to public hearing. • Frederick County Planning Commission Page 2712 Minutes of December 1, 2010 Commissioner Oates commented that neither the State nor the County has available funds • for transportation projects and it is hoped the developers will take care of these very expensive projects. However, most developers balk at the amount of money some of these projects are projected to cost. Commissioner Oates suggested breaking down the anticipated project costs into smaller pieces; therefore, when a rezoning comes before the Commission, the cost might be more palatable for the developers. Mr. Ruddy explained that the table before the Commission was put together for simplification; however, the actual book of departmental requests has each project broken down into individual cost components. Mr. Ruddy said he would forward the Planning Commission's comments on to the Board of Supervisors for their discussion. OTHER Chairman Wilmot announced that the next Planning Commission meeting, scheduled for December 15, 2010, at 7:00 p.m. will be a slightly different format because it will be the first look at the proposed changes for the Comprehensive Policy Plan. She invited everyone to be involved in the discussion and the presentation. Chairman Wilmot said she would like to see the public, the working groups, and the working partners or organizations that have an interest in the Comprehensive Policy Plan. 40 ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Kriz and second by Commissioner Thomas, the meeting adjourned at 8:10 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eri R. Lawrence, Secretary • Frederick County Planning Commission Page 2713 Minutes of December 1, 2010