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PC_06-04-03_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 June 4, 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; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Cordell Watt, Back Creek District. Geprge J. Kriz, Gainesboro District; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Lawrence Ambrogi, Legal Counsel. ABSENT: William C. Rosenberry, Shawnee District; Richard C. Ours, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Vl hn, Deputy Planning Director: Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES -APRIL 16, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of April 16, 2003 were unanimously approved as presented. PUBLIC HEARING 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. Frederick County Planning Commission June 4, 2003 Page 179 -2- Action - Recommended Approval Planner Jeremy F. Camp stated that the proposed amendment would allow for portions of school buildings, which are used for accessory functions, to exceed the maximum height of the underlying zoning district. He said this would include architectural features, such as stage towers, gymnasium ceilings, arclied roofs, etc.; the proposed amendment is not intended to allow for add itional floors for school buildings. Planner Camp noted that, juntas with the other heightexemptions in the zoning ordinance, an increased setback ofonefootwould berequired for every foot tile school building exceeds the maximum heightofthe underlying zoningdistrict. Planner Camp advised that the Development Review and Regulations Subcommittee(DRRS) recommended approval of the proposed amendment on March 27, 2003. He said that during the Planning Commission's discussion on May 7, 2003, Coin inissioners requested written comments from the fire marshal and the school board. Planner Camp noted that the requested letters were in the Commis sion's agenda package for this evening. He added that the word, "structure," was replaced with the word, "building," at the Board of Supervisors' request during their discussion on May 14, 2003. Commissioner Straub inquired about the possible situation where a setback may encroach on an environmentallyorhistorically- sensitivearea. Two options mentioned were forthe applicant to exceed their required setback to avoid the area or to apply fora variance to the Board of Zoning !Appeals. Commissioner Morris inquired ifthe proposed ordinance specifically identified what is allowed withintheheightlimit. Planner Camp replied that only architectural features which areaccessory components of the building itself are permitted; additional floors would not qualify. Chairman DeHaven called for public comments, however, no one came forward to speak. Chairman DeHaven noted that Mr. Evan A. Wyatt ol Engineering, the engineering and design firm representing the Lord Fairfax Community College, who initially proposed the amendment, could not be present at the Commission's meeting this evening. Chairman DeHaven said that Mr. Wyatt requested that his letter be read into the minutes. There being no objections, Chairman DeHaven read the letter, as follows: June 2, 200' Frederick County Planning Commission Re: Proposed Zoning Ordinance Amendment - Section 165 -24 Height Limitations; Exceptions Dear Planning Commission Members: On behalf of Lord Fairfax Community College, Greenway Engineering has prepared a letter to formally support a referenced amendment as presented by staff. The proposed height exception w i l l assist Lord Fairfax Community College and the Frederick County Public Schools in their facilities planning needs by providing additional flexibility, particularly in roof system design. The Fire and Rescue Director has acknowledged the proposed maximum building height is well within the capabilities of roof access by the local fire and rescue companies for emergency response purposes. Un"ortunately, 1 am unable to attend the Planning Commission meeting to address this matter due to a scheduling conflict. Therefore, it is requested that this letter of support is recognized in the official minutes • Frederick County Planning Commission June 4, 2003 Page 1080 -3- for this agenda item. Sincerely, Greenway Engineering Evan A. Wyatt, AICP The Planning Commission had no other issues of concern and believed the amendment as presented was appropriate. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe proposed amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Section 165 -24, Height Limitations; Exceptions, which addresses height exceptionIs foraccessory parts of school structures. PUBLIC MEETING Master Development Plan #04 -03 for Red Bud Run, LLC, submitted by G. W. Clifford & Associates, Inc., for 285 single- family detached urban lots on approximately 157 acres of RP -zoned land. The property is located on the north side_ of Berryville Pike (Rt. 7) and south of Red Bud Road (Rt. 661); Woods Mill Road (Rt. 660) bisects the property. The property is identified with PA.N.s 55-A-105,55-A- 106, and 55 -A -107 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Planner Jeremy F. Camp reviewed the proffers that were approved along with the rezon i ng by the Board of Supervisors at their meeting of October 9, 2002. Planner Camp pointed'out that a revised tree - clearing plan was submitted which protects an additional 2.25 acres ofwoodlands and moves development lot lines further away from Berryville Pike. Planner Camp stated that the overall concept for the Red Bud Run Master Development Plan is consistent with the approved rezoning proffers, the Frederick County Comprehensive Policy Plan, and the requirements of Article XVII, Master Development Plan, of the Frederick County Zoning Ordinance. P I anner Cain p proceed ed to describe several issues that remained a concern tothe staff. Those issues included: 1) the closure of Berryville Pike Median Crossover to Morgans Mill Road; 2) the Morlyn Drive Road Connection to Morgans Mill Road; 3) the Open space /Buffer Strip Adjacent tothe West Property Line (Morgans Mill Road); and 4) the Open Space Plan for the Preservation Parcel. Mr. Charles E. Maddox, Jr., P.E., Vice President of G. W. Clifford & Associates, Inc., the design engineering firm representing Red Bud Run, LLC addressed each of the issues raised by the staff. Mr. Maddox advised that Morgans Mill Road will be closed, due to the significant improvements and increased capacity proposed for the Rt. 7 intersection, the three- Ianing of W oodsm it l Road, and the proffering in Phase • Frederick County Planning Commission June 4, 2003 Page 11081 4- Ito connect Morgans Mill with Woodsmill Road by a state road connection; he said the road closure has been • shownontheirmasterplan. Regarding the internal road connection proposed for Phase 1, to connect Morgans Mill with Woodsmill, Mr. Maddox said that traffic generated on Morgans Mill could access the traffic Tight for safe turning; he said the School Board was in favor of the connection because it would allow school buses rear access without negotiating Rt. 7 traffic. Mr. Maddox stated that an open space /view shed buffer is not required against Morgans Mill Road, since it is not a major collector road: however, they have shown a 20' buffer strip, which is not a part of the individual lots, and they will maintain the existing vegetation along the roadway. Mr. Maddox next described a substantial buffer system totaling 31 a which completely surrounds the site, as opposed tothe 28.3 acres originally proffered. He pointed out the permanently- protected stream preservation buffer that will be dedicated to a public agency; he noted that the stream preservation parcel is in addition to the open space required by the project. He said the preservation parcel will be free and clear for trap sfer to a public agency which, at this point in time, may be the Virginia Department of Game and Inland Fisheries (VDG &IF). In addition, Mr. Maddox described the road efficiency buffers along both sides of Woodsmill Road and the substantial tree viewshed bufferalong Rt. 7. He noted that the view shed buffer was particularly significant to the Shenandoah Valley Battlefields Commission (SVBC) to create the proper approach into the historic areas. He said that Mr. Kittell, the Director of SVBC, preferred to have the cul -de -sacs pulled back away from Rt. 7, al lowing for additional existing vegetative screening and to supplement the existing vegetative deciduous buffer with add itional conifers. Mr. Maddox further added that VDOTprefe see acontinuous road through the development, rather than cul -de- sacs, for ease of snow removal and emergency vehicle access. • Asa result, he noted thatthey redesigned the subdivision to allow a continuous road loop, which moved the majority of the lots between 100 -300' from Rt. 7. Mr. Maddox pointed to the only area' where one lot intrudes into the road efficiency buffer and for which they were requesting waiver. He commented thatthey've added a dense screen, which is also shown on toaster aster plan. The followingagencies were identified by Mr. Maddox as groups they have been working with throughout the project: Department of Parks and Recreation, Opequon Watershed Committee, Trout Unlimited, Forest Service, Department of Conservation and Recreation, Shenandoah Valley Battlefields Commission, and the Department of Game and Inland Fisheries. He explained thatthe Department ofGante and Inland Fisheries will h frontage for public access on both Woodsmill Road and Morgans Mill Road; they do not anticipate any conflicts between the public access area and the adjoining lot owners. Mr. Maddox said that planning with the various outside agencies is continuing and his intentions are to come back before the Commission with an "Open Space Plan" that will specify the particular issues involved regarding land conveyance, easements, ownership, etc. Several questions from the Commission involved the closing of Morgans Mill Road, the accommodation of traffic ca Iming the impact of add itional children on Red Bud school, and the timing between roadway improvements and phasing of development. Board of Supervisors' Liaison, Mr. Richard Shickle, raised the issue of Frederick County reserving the rights for the easement along the creek, should V DOT or another agency decide they did not want to continue with the maintenance. Mr. Maddox believed a reversion clause could be included as apart of the • ti Frederick County Planning Commission i June 4, 2003 Page 1082 5- open space plan. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. James Lawrence, Presidentof the Opequon Watershed and representing the Winchester Chapter o f Trout Unlimited, stated that a managed, recreational trout fi shery for Red Bud Run has been a Iona time goal for W inchester Trout Unlimited and the Opequon Watershed. Mr. Lawrence said they have had quite a few meetings with the DG& I F and a number of assessments were made of the stream; it was determined that if the Conservation Reserve Enhancement Program was implemented, which would protect Faye Spring and the other water sources for Red Bud Run, then the State believed the stream would be of the qual ity where they could reintroduce Brook Trout, which is one of the most fragile of the trout species. Mr. Lawrence said they were very pleased when the DG &IF recognized the long -term possibilities and expressed a positive reaction to accepting this property. Mr. Lawrence said they are working on the development of a "greenway" for the entire corridor; they are working together with the SV BF, and they are working with Millbrook High School on plans for an environmental land lab. Mr. Lawrence thanked Mr. Maddox and the property owners for the opportunity to work on this project; they were hoping this project could serve as an example to the entire region. Mr. Carl Rettenberger, a resident at 116 Windy Pine Lane and President of the Winchester Chapter of Trout Unlimited, believed this project was a unique opportunity; he stated this was the first time, in the 40 years he's been in business, that he has seen a developer work with an outside organization for the purpose ofestablishinga useable parcel of land with ownership being conveyed outside ofthe subdivision for maintenance and development. Mr. Rettenberger said that Trout Unlimited is excitc4bout the opportunity to develop Red Bud Run as a cold water fishery. He said the temperature, flow, and pH of these waters were perfect fortrout management. Mr. Rettenberger also mentioned their workwith several landowners on access easement agreements. The Commission was pleased and encouraged that the developers and landowners were actively working together with the various outside agencies on the stream preservation areas, the open space areas, and public access areas. It was their preference, however, that Morgans Mill Road remain open until such time as V DOT and the Board of Supervisors agreed it should be closed. They also were in favor of the applicant's request for a road efficiency buffer waiver. Upon motion made by Commissioner Light and seconded by Commssioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 404 -03 of Red Bud Run, LLC, submitted by G. W. Clifford & Associates, Inc., for single - family detached urban lots with the granting of the road efficiency buffer waiver request and with the condition that Morgans Mill Road remain open until such time as V DOT and the Board of Supervisors agree it should be closed. Frederick County Planning Commission June 4, 2003 Page 1083 6- PRESENTATION BY BUILDERS FOR THE BAY Action - Recommended Approval Planning Di rector Eric R. Lawrenceannounced that representatives from theAIIianceforthe Chesapeake Bay and the Center for Watershed Protection were present this evening to give a presentation regarding the Builders forthe Bay Program. Director Lawrence said the Board ofSupervisors had previously listened to the presentation and wanted to give the Planning Commission the opportunity to also review the program and provide continents. -; Mr. Scott Meyer, with the Alliance for the Chesapeake Bay in Richmond, introduced himself j and Hye Yeong Kwon, the Assistant Director for the Center for Watershed Protection jMr. Meyerdefined the Builders for the Bay as a partnership building initiative through the Alliance for the Chesapeake Bay, the Center for Watershed Protection, andtheNational Association ofHomebuilderstopr Imotebettersitedesign principles through round -table discussion. Ms. Hye Yeong Kwon, the Assistant Director for the Center for Watershed Protection, described the goals of Builders for the Bay, as follows: 1) to achieve better environmental goals with site design; and, 2) to increase flexibility resulting in decreased costs for developers. Ms. Kwon explained that they will investigate existing codes and ordinances and find ways to make them more flexible and, at the same time, encourage environmentally - sensitive site design. Ms. Kwon next gave a slide presentation on the model development principles and she pointed out some of the environmental and economic benefits. • Commissioners asked who was the driving force behind the effort, who ould be involved, who would facilitate, etc. A comment was made that the real work would begin after the workshop when the County Planning Department staff would have to rewrite all the codes and ordinances to meet the suggestions. Questions were raised concerning man hours and how long it would take. Ms. Kwon said that on their previous endeavor, they actually made code language recommendations as apart ofthe process an I d completion occurred in nine months. She said the cost includes a consensus document and code language recommendationscrafted specifically for Frederick County. Ms. Kwon added that the recommendations are directed more to the rural and suburban areas rather than urban areas. She also pointed out that the changes would only apply to new ' development, not redevelopment and in -fill. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. James Lawrence, President ofthe Opequon Watershed and representin Winchester Chapter of Trout Unlimited, be l ieved th i s was an educational process, a coin inun ity -based process, and stake - holder driven. He stated that the low - impact development principles described by Ms. Kwon and Mr. Meyers are basically the same innovative approaches presented to the Commission at a workshop by Dr. Waldon Kerns, entitled, "Environmentally - Sensitive Design:' Mr. Lawrence spoke to the Commission about why he believed it would be advantageous for the County to be involved in this program. Commissioner Kriz stated that he has seen this type of program be successful in other communities and he believed it wou Id be beneficial for Frederick County. He said the process can breakdown Frederick County Planning Commission June 4, 2003 1 Page1084 y -7- barriers between many State agencies and everyone works together. Chairman DeHaven believed thatopen discussion and consensus- building, particularly when it's based on science and results in environmental benefits, could only be beneficial to the community. Other Commissioners also believed it was an excellent idea that needed to be pursued. Commissioner Kriz moved for a positive recommendation to the Board of Supervisors on accepting this program. This motion was seconded by Commissioner Morris. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously favor the County's involvement in the program presented by the Builders for the Bay for the development of model principles, through round -table discussion, to protect the County's streams, lakes, and wetlands. DISCUSSION Senior Planner, Abbe S. Kennedy, reported that this year, in response to concerns regarding the prioritization of departmental project requests, the Board of Supervisors directed staff to research other jurisdictions and the methods used in forming their respective Capital Improvements Plans. Planner Kennedy said that the Comprehensive Plans and Programs Subcommittee (CPPS) met on May 12, 2003 regarding process revisions to the existingCIP; she said the CPPS endorsed the revised procedural modifications which are intended to better reflect departmental priorities in current policy and future planning decisions. Planner Kennedy next proceeded to explain in detail the proposed revised CIP process and the time -line included for the process up until its adoption. Commissioner Morris inquired who or whatoffice would ensurethatthe proposed process is carried out according to schedule. He also inquired if an item on the CIP could be denied if the Commission believed it was not in keeping with the Comprehensive Policy Plan. Deputy Planning Director, Christopher M. Mohn, replied to Commissioner Morris' questions. He said that the Planning Department will facilitate the process, but ultimately, County Administration will be responsible for ensuring that the schedule and process is adhered to by the other departments that are obviously outside of the Planning Department's jurisdiction. In answer to Commissioner Morris' second question, Deputy Director Mohn stated that the goal of the revised process from a Planning Department perspective, for the CPPS, and for the Commission, is to ensure effectively that a disconnect does not occur between the department's capital requests and the Comprehensive Plan. He further explained that, instead of focusing on prioritization, the focus should be on the alignment of policy and the capital needs that the departments are expressing. Overall, the Commission members were greatly encouraged by the proposal and were in favor ofestablishing benchmarks, standards, and objectives. They were encouraged by the potential and by the idea of having tools to measure a project's merit on the CIP. Commissioners recommended, however, that there i Frederick County Planning Commission June 4, 2003 Page 1085 8- 11 : t should be some executive level oversight to make certain the process would occur according to schedule. Chairman DeHaven believed there was great bene Fit to look five, ten, or even 15 years to the future to predict needs. He cautioned, however, that if the goal was a concern over the ranking of different departments' priorities overall. then the process may not realize its potential goals. Chairman DeHaven pointed i out that this will be a nearly year -long process and, there were a considerable number of other long -range planning issues that require the CPPS's and the Commission's attention. Chairman DeHaven suggested that there be a separate comin ittee to perform a portion, at least, of the functions being considered in this proposal. Commission members also recommended thatthe oversight committee be made up of not only staff, but Board and Commission members, department heads, a memberofthe Finance Committee, and other citizens; this ultimate overlook committee could address the capital spending of the County and could work directly with the CPPS. Planner Kennedy said that staff would forward the Planning Commi'ssion's comments and recommendations to the Board of Supervisors. OTHER Commissioner Light expressed his disappointment with the P acceptable to all the parties involved recommendation to the Board of Supervisors on May 21, 2003 regarding the Nor (NELUP). His disappointment stemmed from the fact that neither the Comprehensir Subcommittee (CPPS), nor the Planning Commission, had discussed Alternative Map which was officiallyrecommendedtotheBoard. Commissioner Light also stated that, CAPS, he was also personally disheartened with the CPPS's inability to establish a rec ning Commission's east Land Use Plan Plans and Programs the alternative plan the Chairman of the vnendation that was Commissioner Light next presented to the Commission his own proposal for an alternative NELUP that he believed mightbe an acceptable alternative for all the parties involved. His described his proposed plan for the Coin inission that would allow for approximately 138 homes, approximately 229 acres of industrial, and approximately 240 acres of business. Commissioner Light stated that the numbers were fle;. ible, however, if his plan were supported, the NELU P would contain RA -zoned land; the Rt. 37 Zone within the RA, preservation orthe historic battlefield and theM ilburn Road corridor,the road plan, fewerhomes, and sewer to Stephenson. He was not in favor of the R4 designation in the Alternative Map #4 and the residents of the Stephenson community were not in favor of it either. Although Commissioner Light recognized it was possibly too late for the Commission to change its recommendation to the Board of Supervisors, he suggested that individual Commissioners contact their elected officials on the Board to express their views, if they believed this was a workable solution. Frederick County Planning Commission June 4, 2003 Page 1086 -9- i ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:40 p.m. by a unanimous vote. Charles S. DeHaven, Jr., Chairman • LJ Frederick County Planning Commission June 4, 2003 Page 1087