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PC_05-07-03_Meeting_MinutesMEETING MINUTES • OFTHE 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 7, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman /Opequon District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E. Triplett, Gainesboro District: RiChard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Cordell Watt, Back Creek District. George J. Kriz, Gainesboro District; and Lynda Tyler, Board of Supervisors Liaison. ABSENT: Vincent DiBenedetto, Winchester City Liaison. and Jay Cook, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director: Christopher M. Mohn, Deputy Planning Director; Jeremy F. Camp, Planner 11; and, Renee' S. Arlotta, Clerk. . • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES -MARCH 19, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of March 19. 2003 were unanimously approved as presented. COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) Commissioner Gochenour stated thatsince the HRAB did not meet in the month ofApril, she wanted to reiterate what was recorded in the March minutes, that the HRAB would like to have applications Frederick County Planning Commission Minutes of May 7, 2003 . Page 1063 ,/ 2 at least one month prior to the meeting when they are to be discussed. She believed this would aid in complying with the County's Comprehensive Policy Plan's goal to protect the historic resources in Frederick County. AMENDMENT OF AGENDA Chairman DeHaven asked the Commission to consider moving Item Number 6, the proposed school height amendment, up to Item Number 4. to be discussed before the W W W. L.C. SWSA Expansion Request. Chairman DeHaven said that representatives of W W W, L.C. were comfortable with this change of agenda. A consensus of the Commission found everyone agreeable to the agenda amendment. DISCUSSION ITEM Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Section 165 -24, Height limitations; exceptions, which addresses height exceptions for accessory parts of school structures. No Action Required Planner F. Camp stated thatthe proposed amendments would allow portions ofsehool • structures. which are used for accessory functions, to exceed the maximum height of the underlying zoning district. Fle explained that the,ceiling of a or a stage tower, for example, are structures that would qualify for this exemption; the proposed amendment is not intended to allow for additional floors of school structures. Planner Camp continued, stating that an increased setback of one foot is required for every foot overthe maximum heightofthe underlying zoning district in question, which is in keeping with the other height exemptions in the zoning ordinance. Planner Camp said the Development Review and Regulations Subcommittee (DRRS) reviewed and recommended approval of the proposed amendment at their meeting on March 27, 2003. Planner Camp added that the proposed amendment is before the Commission this evening for discussion and comments will be forwarded to the Board of Supervisors for their consideration. Commissioner Morris inquired if the Fire and Rescue Services existing equipment could accommodate the proposed height increase. In addition, Commissioner Morris commented that as real estate becomes more precious, it may be more advantageous to go up as opposed to out with construction. Mr. Evan A. Wyatt with Greenway Engineering, Inc. stated that they were approached by Lord Fairfax Community College (LFCC) regarding a proposed structure in their facilities plan, referred to as the Corron Cultural Community Center. Fle explained that the architectural blueprints of this community center w6e designed to be 75 feet in height to accommodate a unique stage within the structure. Mr. Wyatt said the proposed amendment would allow the cultural arts center to be built as planned by LFCC, however, it would also apply to all other future school structures in Frederick County. Mr. Wyatt said that he spoke with the Directorof Emergency Services, Gary DeBrueller, and they have the ability with their ladder trucks to not only • Frederick County Planning Commission Minutes of May 7, 2003 Page 1064 - 3 - access a structure of this height, but even a structure up to 100 feet in height. Mr. Wyatt stated that the proposed ordinance as written would allow a maximum of three floors for occupied structures and it would allow for a pitched roof over 35 feet. He added that it was their intention to supply the staff with a letter from v. the Director of Emergency Services prior to the public hearing. Mr. Wyatt further added that the 75 -foot lie ight allowance is consistent with what is allowed by the City of Winchester for their school facility/campus development. Commissioner Straub inquired ifthe setbacks would encroach on the Cedar Creek Battlefield. Mr. Wyatt said that although Greenway is not doing the site plan work, he believed the closest property line that would be impacted is in the LFCC's parking lot facilities and building transitions. Chairman Del -laven called for public comments, however, no one came forward to speak. Other Commissioners agreed that it may be more palatable to go up, rather than spread out, in the Urban Development Area to preserve more farmlands and open space; they believed it was a continuing evolution in the inhprovenhentofthe County's ordinances. Commissioners believed the proposed increased height amendment was appropriate provided the Director of Emergency Services could supply a letter, prior to the public hearing confirming that fire and rescue services could indeed accommodate the increased height withtheirexistingequipment. The staff noted that they would forward the Planning Commission 'scomments to the Board of Supervisors for their discussion. PUBLIC HEARING • Request for Expansion of the Sewer and Water Service Area (SWSA), submitted by G. W. Clifford & Associates, Inc. on behalf of W W W, L.C., for an addition of approximately 50 acres. This property is located north and adjacent to Route 50 West, approximately 1,700 feet west of the Route 50/Route 37 interchange, and is identified with P.I.N.s 52 -A -B and 53 -A -79 in the Gainesboro Magisterial District. Action - Recommended Approval Commissioner Light said that he would abstain from discussion and voting due to a possible conflict of interest. Deputy Planning Director, Christopher M. Mohn, stated that the staff has received a request From G. W. Clifford & Associates, Inc., on behalf of W W W, L.C., for an expansion to the Sewer and Water Service Area (SWSA). Deputy Director Mohn said that the subject property is located north and adjacent to Rt. 50 West, approximately 1,700 feet west of the Rt. 50 /Rt. 37 interchange in the Gainesboro Magisterial District. He said that approximately 21 acres of the W W W, L.C. site is presently located within the SWSA and the applicants have requested that the SWSA be expanded to include the remaining 50 acres of the site. He added that the entire 71 -acre tract is zoned RA (Rural Areas) District. Deputy Director Mohn continued, noting that an application has been filed by W W W, L.C. to rezone the site from RA to B2 (Business General) to develop a mix of office and retail land uses. He said the requested expansion is necessary to facilitate delivery ofthe services required to accommodate the proposed • Frederick County Planning Commission Minutes of May 7, 2003 Page 1065 -4- corhmercialdevelopment. Deputy Director Mohn stated that the Plannin- Commission considered this request as a discussion item at their meeting of March 19, 2003 and, consistent with comments offered by the Comprehensive Plans & Programs Subcommittee (CPPS), the Commission sought assurances from the applicant that the facilities constructed to serve the proposed expansion area would include sufficient capacity to enable the future extension of public watcrand sewer tothe core ofthe Round Hill Community Center. He pointed out that the extension was cited as a critical objective of the Round Hill Community Land Use Plan. In response, the applicant had expressed their intent to design and build the system with thecapacity necessary for future westward expansion. In cone Iusion, Deputy Director Moll 11 stated that the request was subsequently taken to the Board of Supervisors for discussion at their April 9 meeting and it was recommended that the request be advertised for the requisite public hearings. Mr. Charles E. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the W W W, L.C. project, stated that much ofthe information regardingthisrequest was brought forward during the Commission's previous discussion and he quickly summarized the issues. Mr. Maddox highlighted the following information: inclusion of the remaining portion of the W WW, L.C. site in the SWSA was good planning; available sewer capacity to serve the Village of Round Hill was the principal issue; a proposed design for the sewer layout to serve the 200 +existing units in Round Hill has determined that it would be feasible to tie into this system; and the systems of both the Medical Center site and the W W W site will be designed to handle the capacity of the existing uses within Round Hill Commissioner Thomas inquired if the Sanitation Authority would be responsible for conducting the hydraulic analysis of the sewer and water system to determine the flow and pressure characteristics. Mr. Maddox said the Sanitation Authority will design and construct the facility; it will be organized as a public works -type project, in which they will secure commitments from the end user. Commissioner Thomas inquired who would pay forthe necessary improvements to maintain the hydraulic and flow characteristics. Mr. Maddox explained that the Sanitation Authority's procedure is to examine the operating income revenues ofthe system and then to secure up -front commitments in order to cover the costs. Mr. Maddox said the Sanitation Authority's policy is not to impose any additional debt service on the remainder ofthe Authority's facilities that may result in increased rates for current users; heexplained that this project would have to stand alone. Mr. Maddox said that based on the revenue stream created, the developer would pay for any expenses not covered by said revenue for the infrastructure to be extended. Mr. Maddox also stated that design and construction would notonly enable extension ofsewer and water to the Round Hill community, but would also facilitate adequate infrastructure capacity to accommodate future uses. In addition, he pointed out that the County would need to grant the Authority, as well as the developers, the right to negotiate this agreement. Commissioner Gochenour believed that feasibility studies needed to be brought before the Commission for review priorto voting on the S W SA expansion requestand thatal I aspects ofthe environment, including- water availability and air quality, needed to be evaluated. Chairman DeFlaven called for public comments, however, no one came forward to speak. Overall, the Planning Commission was in favorofthe requested expansion, especially in light of the provision for public water and sewer service to the Round Hill community, provided that all Sanitation Authority comments were incorporated into the expansion. Some Commissioners also believed that the i s Frederick County Planning Commission Minutes of Mav 7.2003 Page 1066 - 5 - provision of some additional retail uses on the west side of Rt. 37 was appropriate at this point in time. • Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval ofthe requestforthe expansion ofthe Sewerand Water Service Area (S W SA), submitted by G. W. Clifford & Associates, Inc. on behalf of W W W, L.C. to includethe remaining portion ofthe 71 -acre W W W, L.C. site (approximately 50 acres) in the S W SA, with the acknowledgmentof the Sanitation Authority comments being incorporated into the expansion. The majority vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Thomas, Kriz, Fisher, Triplett, Rosenberry, DeHaven NO: Straub, Gochenour ABSTAIN Light PUBLIC MEETING Establishment of a proposed Technology Zone sought by the Winchester - Frederick County Economic Development Commission. Action - No Action Required Planning Director Eric R. Lawrence stated that the Winchester - Frederick County Economic Development Commission is proposing that Frederick County adopt a Technology Zone within the County Code. He said that in doing such. it would allow for tax abatements and incentives for technology, pharmaceutical, and biotechnological firms that locate in the community. Director Lawrence explained that this request has been through the County's Code and Ordinance Committee and to the Board of Supervisors for discussion. He advised that the Board believed it would be appropriate for the Planning Commission to be given an opportunity to provide comments. Director Lawrence explained that the proposed Technology Zone is drafted using SIC Codes and would apply to the M I and MS Districts. He said that the boundaries for the Technology Zone are proposed to be the boundaries ofthe Urban Development Area (UDA). Director Lawrence advised that it was the Planning Staff's belief that if the benefits are for commercial and industrial use, it would be more appropriate for the boundary to follow the Sewer and Water Service Area (SWSA), rather than the UDA. because the UDA caters to suburban residential growth and the S W SA is a broader commercial and industrial growth management area. A question from the Commission concerned possible loss of revenue to tile County. Director Lawrence advised that the County still reaps the benefits of property tax: he said the tax credit would be applied to the business, professional, and occupational license taxes. LI L Frederick County Planning Commission Minutes of May 7, 2003 Page 1067 M • The PlanningConunission supported theconceptthat the SWSA. ratherthan the UDA, should be followed as the boundary lines for the Technology Zone. Commission members believed this was a good incentive tool forthe Economic Development Commission to attract appropriate industry to Frederick County; they also believed these types of incentives almost always guarantee big dividends to the County over the long term. Chairman DeHaven called for public comments, however, no one came forward to speak. Director Lawrence said that he would forward the Commission's comments to the Economic Development Commission; he noted that this item is going to be scheduled for a public hearing at the Board Of Supervisors level. No formal action was needed by the Commission. OTHER Schedule for the NELUP Public Hearing Planning Director Eric R. Lawrence announced thatthe Planning Commission's meetin May 21, 2003 has been scheduled forthe public hearing forthe Northeast Land Use Plan ( NELUP). He said that at their April 23, 2003 meeting, the Board of Supervisors directed the staff to schedule a public hearing forthe NELUP. Director Lawrence noted that this will be the only item on the Commission's agenda for that evening. Winchester Regional Airport Authorit Planning Director Eric R. Lawrence noted that during the Planning Commission's consideration ofthe Custer Estates rezoning, the Winchester Regional Airport Authority said they would be getting back to the Commission with responses to questions the Commission had raised. Director Lawrence stated that this afternoon. the Airport Authority's Executive Director, Renny Manuel, provided the Planning Staff with a number of three -ring binders with their responses. Harvest Ridge Master Development Plan In regards to the Commission's consideration ofthe Harvest Ridge Master Development Plan on April 16, 2003, Commissioner Gochenour commented that she received a call from Mr. Jim Vickers, Chairman and C.E.O. of Oakcrest Companies. She said that Mr. Vickers said he understood her concern reg arding thesinkholesitt iationandinformedherthathisen gineerswouldsearch thepropertyforsinkholes Frederick County Planning Commission Page 1068 Minutes of May 7, 2003 -7- beforecuttinganyofthetreesdown. Commissioner Gochenour wanted to state forthe record how inuchshe y appreciated his call and comments to her. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by a unanimous vote. Ily submitted, ErIcNYLawrence, Secretary CLO DtII0UKA----- �-- Charles S. Deliaven, Jr., Chairman • • Frederick County Planning Commission Minutes of May 7, 2003 Page 1069