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PC_05-21-03_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 21, 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; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Lawrence Ambrogi, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; and, Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES -APRIL 2, 2003 Upon motion made byCommissioner Kriz and seconded by Commissioner Fisher, the minutes of April 2, 2003 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 05/12/03 Mtg. Commissioner Light reported that the CPPS had discussion on ways that might be used to create a new process for the Capital Improvements Plan and how it could be dealt with by the Planning Departmentand the Planning Commission. Commissioner Lightsaid the CPPS will present their various ideas to the Board of Supervisors and allow them to choose the ones they prefer. • Frederick County Planning Commission May 21, 2003 Page 1070 -2- 0 Historic Resources Advisory Board (HRAB) Commissioner Gochenour stated that the HRAB's meeting for May was canceled because therewere no pending applications to discuss. Commissioner Gochenour slated that the HRAB would liketo meet monthly, regardless of whether there are pending applications, and she referred the Commission to her HRAB report in the minutes of March 19, 2003. She explained that the purpose of the monthly meeting would be to educate HRAB members on the historical section of the Comprehensive Policy Plan. It was her recommendation that HRAB meetings be held once a month, regardless if there is a pending application. Economic Development Commission (EDC) Commissioner Thomas reported that the EDC had the same presentations from the James Wood High School Independent Study Group thatweregiven atthe Board of Supervisors' meeting last week. Sanitation Authority (SA) Commissioner Fisher said the Engineer /Directorofthe SA, Mr. H. Wellington Jones, reported thatthe Winter rainfall from October to April was the wettest ofthe previous 13 years. Commissioner Fisher said that Mr. Jones also reported on the aquifer study which has completed its recovery phase; they will begin the draw -down phase next Tuesday from the North Quarry. In addition, Mr. Jones reviewed the SA's Five- YearPlan. He said that three other items of interest were: Supply and treatment for the County's water supply is adequate through the Year of2008; transmission lines will need improvement; and the wastewater plant will need some planning for future growth. PUBLIC HEARING Update of the Northeast Land Use Plan (NELUP). The Northeast Land Use Plan, a component of the Frederick County Comprehensive Policy Plan, contains general land use concepts for future development in the northeastern portion of Frederick County. Action - Recommended Approval of Alternative 44 Planning Director Eric R. Lawrence stated that at the Board of Supervisors' meeting of April 23, 2003, the Board directed the staff to schedule a public hearing to consider proposed revisions to the Northeast Land Use Plan (NELUP). He said the Board motioned a preference for Alternative 44, but directed that all alternative land use plans be provided for comment. Mr. Lawrence stated that the primary change that Frederick County Planning Commission May 21, 2003 Page 1071 -3- Alternative 94 proposes to the NELUP is the introduction of Residential Planned Community land use and an expansion of the Urban Development Area (UDA). Hepoin red out that the Residential Planned Coin inunity area would occupy an area previously designated for industrial land use; similarly, the UDA would be expanded by approximately 1,200 acres to accommodate the Residential Planned Community land use. Mr. Lawrence proceeded to give a brief h istory oftheN ELU P over the last 12 months and then he reviewed the four alternatives for the Commission's public hearing. Commissioner Straub believed that Alternative 44 was a proposal for a rezoning by a developer and not one put forward by the Comprehensive Plans & Programs Subcommittee (CPPS). She was concerned that a precedent would be set by including this alternative in the land use discussions. Director Lawrence advised this was not a consideration of a rezoning this evening. He said that numberof property owners had requested land use changes at the subcommittee level duringthis process and, typically, when going through a land use exercise, comments from property owners and citizens are considered and the plan is adjusted to that affect. Director Lawrence said that although none of the requests were endorsed at the subcommittee level, the Board believed there was merit in considering a residential planned community in this area, Chairman DeHaven called for citizen comments and the following persons came forward to speak: Mr. David Hurd, a resident of the Stonewall District in the Stephenson area, came forward as a spokesperson for the "Save Stephenson" group. Mr. Hurd believed the interests of the citizens residing in the Stonewall District were not being met. He said a written survey was conducted and the overwhelming response was in favor of maintaining a rural character to the Stephenson /Clearbrook area, all the way up to Whitehall, except forthose areas along Rt. 1 1 and the interchanges on 1 -81, and for maintaining five -acre lots. Mr. Hurd stated that the citizens have been outspoken on their objection to industrial use in the northeast corridor. In addition, Mr. Hurd said the citizens believe they have not been given full credit for their thoughts and concerns and they would like to see the process revised. Mr. Hurd's opinion was that Alternative #4 was designed around a small set of developer respondents. Mr. Dick Regan, a resident along Senseny Road in the Apple Ridge development, came forward to speak in favor of planned communities with senior citizen housing. He believed that planned communities would be very much in demand in the near future and, therefore, he was in favor ofa land use plan that included planned communities. Mr. James Stillwell, a resident of Stonewall District, presented a letter dated December 10 addressed to Chairman DeHaven and Commissioner Light that listed 1 I items that he believed should be included in consideration of any land use plan. Mr. Stillwell said that he would like to have the letter made a part of the official minutes. Chairman DeHaven advised Mr. Stillwell that if he wanted the letterto be included in the official minutes, he would have to read the letter for the record. Mr. Stillwell read the letter (included in entirely at the end of the minutes) for the Commission. (Note: Mr. DiBenedetto, Winchester City Liaison, arrived at this point in the meeting.) 1 7 J Frederick County Planning Commission May 21, 2003 Page 1072 -4- Mr. John Good, a resident of the Stonewall District, came forward to represent several of the property owners who own a number of acres in the area. Mr. Good read excerpts from a letter the Commission received, dated January 2003, from Mr. Don Shockey and Ms. Judith McCann Slaughter. In summary, the letter was a requestto the Planning Commission and the Board of Supervisors to consider an amendmentto the Comprehensive Policy Plan to change the land use designation for their properties from future industrial v land to future residential planned community. He stated that the Board of Supervisors and the surrounding neighborhoods had rejected industrial rezoning for these properties. Subsequently, they met with the neighborhoods and the residents were open to exploring the option of residential planned community. The letter stated that the Comprehensive Policy Plan amendment would allow that exploration to take place. The letter next described the proposed modification and what Could be anticipated for a planned community area. Mrs. Pain Kennedy, a resident of the Gainesboro District, believed that the entire NELUP process had been driven by the desires of one company and not the desires ofthe community. Mrs. Kennedy voiced her concerns about air quality noncompliance, questionable water resources, increased residential density, costs versus benefits to the community, precedent setting, and irretrievable change to the character of the county. Mrs. Kennedy stated that the provision of land for schools and ball fields falls far short of the actual costs of construction and maintenance of those facilities. Mr. Greg Aiken, the owner of historic Jordan Springs which adjoins the Shockey property, was concerned about the quality of development that will take place on the Shockey property. Mr. Aikens believed the proposal under consideration was in everyone's best interest and he was in favor of the process. Ms. Katherine Whitesell, a resident of the Stonewall District, spoke on behalf of the citizens who were opposed to industrial zoning in the Stephenson area. Ms. Whitesell expressed concern about not being able to get the proposed Milburn Rural Historic District designated on any of the County's Comprehensive Policy Plan land use maps. She also expressed opposition to the density of development proposed for the planned residential community. Mr. Mike Weber, a resident and businessman in the Stonewall District, stated that his major concern was the terrible traffic congestion in this area and he was concerned that if more development is added tothis area,there will be gridlock.. He stated thatthe close proximity ofthe three traffic signals on Rt. 11, near thel -81 interchange, make it almost impossible to move traffic through this area. He suggested aback entrance for-tile industrial" parksto access Rt. 37in order to alleviate traffic. Mr. Weber also talked about the unsightly appearance of the Stephenson community with construction debris, unsightly signs, and the poor job of land restoration by utility line installers. Mr. Evan A. Wyatt, with Greenway Engineering, came forward to speak in favor of Alternative 44, the preferred alternative recommended by the Board of Supervisors. Mr. Wyatt began by giving a brief history of the development of the NELUP from 1996 up to the point of the current committee work and Commission discussions based on the Board's directive described by Director Lawrence. He continued, stating that because of the opposition to industrial zoning the property owners believed a new vision for the area was needed. He said that a residential planned community is a reasonable alternative to manage inevitable growth in the County. Mr. Wyatt added that the industrial zoning in the southeastern portion of the S WSA cannot be received favorably by the Board due to the significant community opposition; however, it does not mean that rail- served industrial is a dead issue because there are at least three proposals that will be brought beforethe Commission for consideration; two ofthe proposals are in the northeast land use area along • Frederick County Planning Commission May 21, 2003 Page 1073 -5- Rt. I 1 and one on the south side of the Town of Stephens City. He did not believe agricultural land use was feasible because the soils were not conducive to agriculture; in addition, he said the Board has adopted the Sanitation Authority's Water and Sewer Service Infrastructure Plans which are currently being installed in this portion of the study area. In conclusion, Mr. Wyatt said that the Board's preferred alternative for the residential planned community represents the only item in the southeastern portion of the study area that is reasonable and itwas the property owners' hope that the Commission would agree and recommend approval of this alternative. Mr. David Darsey, a resident of the Stonewall District, talked about how upsetting this land use debate has been for the residents of the community over the past three years. He stated that the four representatives they sentto the CPPS had good intentions ofworking on a compromise, however, Alternative 44 was not one that was discussed. He was disturbed about how the process was going. Mr. Darsey also expressed concern about the growing traffic problems and congestion on Rt. 7 and he believed the quality of life in Frederick County was deteriorating. Mr. Glen Penton, a resident of Stonewall District, was disturbed with the way the land use planning was going for the north corridor. Mr. Penton said the discussion this evening sounded more like a rezoning issue; he believed the bubble in the Alternative #4 map should be labeled as residential community, notR4District. He was concerned about the lack of d iscussion on the remaining portion of the north corridor, such as the interchanges, the industry, and the mining. He said the conclusion of the CPPS was to send three alternatives forward and now a fourth alternative is being presented that was not discussed by the CPPS. Mr. Penton raised the issue of the Designated Sensitive Areas (DSA) discussed by the Board of Supervisors, which is now a legal issue, and he pointed out that the maps on display do not show the correct DSA. Mr. Penton believed the Commission should not vote on any of the alternatives because, in his opinion, the maps were incorrect. Mr. Charles E. Maddox, Jr., of G. W. Clifford & Associates, Inc. came forward to represent Mr. George Sempeles, a landowner in the Stonewal I District within the N FLU P. Mr. Maddox said that all four of the alternatives presented essentially agree with what they believed to be the best land use, which is an economicclevelopment-style use, or industrial in particular, with commercial alongthe frontage of Rt. 11. Mr. Maddox believed two issues should be included in the plan: I) The inclusion of business land use adjacent to the intersection of Rest Church Road and Rt. 1 1 for a modest depth from the right -of -way line of Rt. 11. Mr. Maddox stated forthe record theirrecommendation that this intersection be designated commercial on all four quadrants. 2) In the process of preparing a land use plan for the Sempeles property, they have been advised by VDOT of an implementation issue which may require the adjustment of the Comprehensive Policy Plan. Mr. Maddox said the issue involves the short distance between the 1 -81 northbound lane off - ramp /on -ramp intersection and the Rt. 1 I intersection on Rest Church Road. He explained that the combination of the through and left turn movements of eastbound truck traffic on Rest Church Road may cause a conflict at the Interstate ramp due to the limited stacking length available at the Rt. I 1 /Rest Church stop light. Mr. Maddox further explained that VDOT has recommended that ruck through movement be directed by a right turn south on Rt. I I to a left turn on Woodbine Road (Rt. 669), which would require Woodbine Road to be established as the major collector road in the Comprehensive Policy Plan and the current major collector deleted from the plan. Mr. Maddox presented a letter for the record with the current Comprehensive Transportation Plan attached, which described the movements and how they would be acceptable to VDOT. Mr. Mike Weberreturned tothe podium to dispute the comment that the soils in this area were not suitable for agriculture. • Frederick County Planning Commission May 21, 2003 Page 1074 y -6- Mr. David Hurd returned to the podium to state that lie agreed with Mr. Penton and Mr. .� Darsey and reiterated their comments. He was opposed tothe density proposed for the R4 planned court unity because of the possible impacts. Mr. Hurd said the area residents enjoy their five -acre community and prefer one and two -acre lots where density is appropriate for clustering. Mr. Glen Penton returned to the podium and encouraged the Commission to table the issue until maps with corrected DSA areas and definitions could be presented. Mr. Kenneth Y. Stiles, a resident of Stonewall District, disputed previous remarks that the NELUP was being rushed through; he said this plan has been discussed for the past six to nine years and the public has had input through every step in the process. Mr. Stiles pointed out there were powerful arguments for the inclusion of Rt. 37 in any transportation planning and the prospect of any significant residential development without Rt. 37 was mind- boggling. He agreed this was a land use process and not a zoning process and should be treated in that regard. He said that many people failed to mention that there were a significant number of citizens who believed the property (designated bubble) on the plan was an appropriate location for industrial development. Mr. Stiles believed the key to a planned -unit development was to create the opportunity for people to work in the neighborhoods where they live; he suggested that if traffic is to be reduced on Rt. 7 or if air quality emissions are to be reduced, this would be a way to accomplish the goal. He commented that there were a number of people who do not want to see this issue resolved and their goal was to stall the process so that nothing is accomplished. Mr. Stiles concluded by saying that a resolution is necessary at some point and he encouraged the Commission to pursue the resolution as expeditiously as possible. Since everyone who had wanted to speak had done so, Chairman DeHaven closed the public hearing portion of the discussion. Commissioner Light questioned the Commission's consideration of Mr. Maddox's comments concerning the Sempeles property. Chairman DeHaven suggested that Mr. Penton's, Mr. Maddox's, and the other requests that have come forward be sent back to the CPPS for discussion and recommendation in the normal manner. Chairman DeHaven said that he would be seeking a consensus from the Commission on that matter. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to refer all of the requests from property owners for amendments to the Comprehensive Policy Plan back to the CPPS for formal review and recommendation. Chairman DeHaven asked the Commission's legal counsel if the issue of the DSA was to be resolved at the Board of Supervisors level, not at the Planning Commission level. Legal Counsel Lawrence R. Ambrogi agreed that was correct. Commissioner Light commented that on three ofthe four alternative plans, the UDA line at the southern quadrant serves no purpose and he asked for the stafrs recommendation on whether the UDA line really needs to be there. Director Lawrence agreed with Mr. Light. Commissioner Light asked where the line could be moved. Director Lawrence recommended that itjust adhere to the SWSA at that location. • Frederick County Planning Commission May 21, 2003 Page 1075 Commissioner Straub was not in favor of Alternative 44 because it was not one that was considered by the CPPS and she considered ita rezoning request. Commissioner Straub was also not in favor of expanding the UDA to accommodate Alternative 44 and suspected that all four of the maps were flawed. Commissioner Gochenour agreed with the comments raised by Commissioner Straub. As Chairman of the CPPS, Commissioner Light stated that the role of the CPPS is to direct development to meet the needs of the entire conununityina balanced way. He commented that the Stonewall District contains 2,600 homes and if the R4 District comes to fruition, it would generate and additional 2,800 homes. Regarding the transportation network, Commissioner Light advised against any development plan goingforward without plansforRt. 37. Although Coin missioner Light agreed there should be both residential and commercial on this particular piece of property, he said the subcommittee members could not reach an agreement to make it work. He believed the spread of the UDA in the Stephenson area will set a precedent from Rt. I 1 eastto Old Charlestown south, all the way to the Opequon Creek, to make itthe largest residential area at this location. Commissioner Light suggested that the County apply for block grants for the residential community centers of Brucetown, Stephenson, and Roundhill, if the sewer lines come near enough to be eligible. He believed that appropriate verbiage should be placed in the Comprehensive Policy Plan to achieve help for those designated communities. Regarding the DSA, Commissioner Light said the CPPS decided to allow the County's Attorney and the Board of Supervisors to make the decision on the designation for those overlay zones. Commissioner Light commended the Shockeys for all oftheir cooperation throughout this entire process. Commissioner Light believed Frederick County had an overabundance of residential development, but had not yet addressed industrial needs. He believed the removal ofthis property from industrial zoning was a loss of land inventory that Frederick County could have used for industrial use for the next 50 to 100 years. He advised there was no other tract as large as this; there was no other tract rail served such as this. He stated that this parcel of land proved itself to have the inventory that Frederick County needed to survive fiscally for a long time. CommissionerLightsaidliecouldnotpromoteanR4plannedcommmnityintheStonewallDistrict because he did not believe it was needed. Commissioner Light made a motion to accept Alternative #l, placing the land back as RA District with the S W SA to remain intact with the plan, and adding verbiage for block grants for al I community centers. Chairman DeHaven, Commissioner Light, and staff had some conversation to clarify the intent of Commissioner Light's motion. Commissioner Light then clarified his motion to recommend approval of Alternative #3 with the central change of the designation of the future industrial use in the bubble area to RA, from Milburn east to the SWSA line and Old Charles Town south to the SW SA line. Commissioner Light pointed out the bubble area on Alternative Map 43 thatwould changeto RA, with the DSA and SWSA line remaining the same and verbiage included for block grants for all community centers. Chairman DeHaven seconded Commissioner Light's motion. Commissioner Gochenour inquired of Board Liaison Lynda Tyler if the Planning Commission had the authority to make a recommendation without additional input from all members of the CPPS. Board Liaison Lynda Tyler stated that this information has already been through the CPPS. She believed that as an advisory body, the Planning Commission had the authority to give d irectiveto the policy makers and the Board, as policy makers, would want the Commission to make a recommendation. Frederick County Planning Commission May 21, 2003 Page 1076 - s - Chairman DeHaven also pointed out that the Board had referred this to the Commission for a public hearing and action. Discussion resumed regarding Commissioner Light's motion and some Commissioners questioned the intent of keeping the SWSA line intact around the proposed RA area; others questioned the feasibility of serving five -acre lots with water and sewer. Other Commissioners were opposed to creating five - acre lots because of the waste of land and the potential for aquifer contamination from failing septic systems. Commissioners voiced their preference for a diverse mixed industrial, commercial, and residential area. It was also pointed out by some that Commissioner Light's motion seemed to be a reasonable alternative for the residents of the area who said they did not want industrial, nor did they want high - density residential. Chairman DeHaven next called for the vote, which failed as follows: YES (TO APPROVE ALTERNATIVE #3) Rosenberry, Triplett, Fisher, Light, DeHaven NO: Kriz, Ours, Thomas, Morris, Unger, Watt, Gochenour, Straub Chairman DeHaven next called fora new motion. 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 of the Update of the Northeast Land Use Plan - Alternative Map 44, which is a component of the Frederick County Comprehensive Policy Plan, as presented. YES (TO APPROVE ALTERNATIVE 44) Watt, Unger, Morris, Thomas, Ours, Kriz, Triplett NO: Straub, Gochenour, Light, Fisher, Rosenberry, DeHaven OTHER APPOINTMENT OF JUNE WILMOT TO THE COMPREHENSIVE PLANS & PROGRAMS SUBCOMMITTEE Chairman DeHaven officially appointed June Wilmot to the Comprehensive Plans and Programs Subcommittee. Chairman DeHaven commented that Ms. Wilmot will bring extraordinary insight and experience to that committee. • Frederick County Planning Commission May 21, 2003 Page 1077 -9- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:15 p.m. by a unanimous vote. submitted, Eric R'Lawrence, Secretary Charles S. DeHaven, Jr., Chairm j • • Frederick County Planning Commission May 21, 2003 Page 1078