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PC_06-16-04_Meeting_MinutesMEETING MINUTES i 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 16, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; John H. Light, Stonewall District Cordell Watt, Back Creek District; William C. Rosenberry, Shawnee District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; and Gene E. Fisher, Citizen at Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Patrick T. Davenport, Zoning Administrator; Jeremy F. Camp, Planner ll, Mark R. Cheran, Planner I; Candice Mills, Planner 1; and Renee S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - APRIL 21, 2004 AND MAY 5, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of April 21, 2004 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of May 5, 2004 were unanimously approved as presented. Frederick County Planning Commission Minutes of June 16, 2004 Page 1319 -2- COMMITTEE REPORTS • Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CAPS is continuing with the rural areas discussions. Commissioner Light said the meetings generally are an overview of where we progressed from and where we hope to progress to. He said the CPPS is diligently working towards these answers. Transportation Committee Commissioner Kriz reported that the'1'ransportation Committee will meet tomorrow evening, June 17, 2004 to begin review of the road improvement plans. Historic Resources Advisory Board Commissioner Gochenour reported that the HRAB members have completed their training and are eager to put into practice what they have learned. She said the HRAB members are especially anxious to work with applicants who have property with historic significance and are anxious to show how to preserve the historical integrity to the financial benefit of the applicant. Sanitation Authority (Authority) - 06/15/04 Mtg. Commissioner Fisher stated that the Authority's Engineer/ Director, Wellington H. Jones, reported thatthe Service Authority approved the expansion ofthe Parkins Mill wastewater plant; in addition, the water and sewer project to extend service to the Route 50 West area is just about ready to go to bid. Commissioner Fisher said the Authority received a request for water and sewer service to the Willow Run Service Area (White - Marshal Properties). He explained that the original request had been for City service, however, the Sanitation Authority passed a motion for the Authority to provide the requested service. PUBLIC HEARING Conditional Use Permit #11 -04 of Douglas Lowell- Country Treasures for an antique shop. The property is located at 4850 Front Royal Pike (Rt. 5225) and is identified with P.I.N. 94A -1 -3 -1 in the Opequon Magisterial District. • Frederick County Planning Commission Minutes of June 16, 2004 Page 1320 -3- Action - Recommended Approval with Conditions County Planner Candice Mills provided the background information to the Commission. Planner Mills stated the 1.5 -acre property is currently vacant, however, the applicant is seeking to construct a 50 -foot by 100 -foot structure for his proposed business. Planner Mills reported that there were no negative comments from the reviewing agencies. She presented a list of recommended conditions, should the Commission find the use to be appropriate. Chairman DeHaven called for public comments and the following citizens came forward to speak: Mr. William Mathews, a property owner behind the Wishing Well Gift Shop, wanted to know how many stories were proposed for the new building because he was concerned about the structure blocking his view. Mr. Hampton Thomas, an adjoining property owner, was concerned about possible fumes that may be generated from refinishing furniture at the proposed antique shop. Mr. Douglas Lowell, the applicant, stated that the building will be a 50 -foot by 100 -foot, one -story structure. Mr. Lowell said that his shop will retail furniture, home decor, candles, and gifts. He assured the Commission there will be no refinishing work done on the premises. No issues of concern were raised by the Planning Commission and they believed the use to be appropriate. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #11 -04 of Douglas Lowell- Country Treasures for an antique shop at 4850 Front Royal Pike (Rt. 522S) with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County; this includes landscaping requirements per §165-27E of the Frederick County Zoning Ordinance. All identified improvements shall be installed prior to issuance of business license. Additional landscaping shall be provided to enhance the commercial corridor of Front Royal Pike. This landscaping shall be in addition to what is required by § 165 -27E of the Frederick County Zoning Ordinance. 3. Signage shall be limited to one illuminated free - standing business sign, not to exceed 50 square feet in area and ten (10) feet in height, along the frontage of Front Royal Pike (Rt. 522S.) 4. Outdoor storage shall be prohibited. 5. Any expansions, modifications, or changes of use shall require approval of a new conditional use permit. 0 Frederick County Planning Commission Minutes of June 16, 2004 Page 1321 -4- The revocation of Conditional Use Permit #17 -90 of White Oak Trading Post for an existing campground and expansion of the store by 75 %. This property is located at the northwest corner of Routes 277 and 636 and is identified with P.I.N. 86 -A -143 in the Opequon Magisterial District. Action - Tabled for 30 Days County Planner, Mark R. Cheran, stated that Conditional Use Permit(CUP) #17 -90 of White Oak Trading Post was approved by the Board of Supervisors on December 12, 1990 to allow for an existing campground and expansion of the store by 75 %. Planner Cheran read the conditions of approval for this CUP. He said that after receiving complaints of zoning violations on the property, the staff inspected the property on March 24, 2004 and confirmed there were violations of the existing conditions placed on CUP #17 -90. Planner Cheran noted that the violation involving automobile sales has ceased, however, the violation of inoperable motor vehicles is ongoing with regards to campers. In addition, he said that during the March 24 inspection, staff noted that tenants at the campground are staying longer than 30 days and a restaurant is being operated from the country store, both of which constitute violations of the Frederick County Zoning Ordinance and conditions of the CUP. Mrs. Katherine Yancey, the owner of the property, said that she moved into White Oak on May 30, 1987 and purchased the property on September 24, 1987. Mrs. Yancev said that she is not currently operating White Oak; for the previous 12 months, she has leased the property. Chairman DeHaven confirmed with Mrs. Yancey that she does indeed have a written lease agreement and he assumed the lease holder would be responsible under the terms of the lease for meeting the requirements of the County. Planning Director Eric R. Lawrence stated that the applicant has retained counsel, but unfortunately, the counsel is in Federal Court in Harrisonburg and could not be at this evening's meeting. • Chairman DeHaven advised that this individual deserves to be involved in this process. Mrs. Phyllis Mainhart, the lease holder, said that when she began her lease with Mrs. Yancey about a year ago, the full -time campers were already there and the deli was already set up. She said there was nothing in the lease agreement specifying that people couldn't live in the campground. She said she applied for and received an approved health permit. Mrs. Mainhart said that she did not add anything extra to the kitchen, nor did she increase the seating; however, her food production increased because she geared the business to working people in the area. She said she just took over the business and ran it like it had always been run. She added that neighbors asked her if they could sell their car and she did not think there would be anything wrong with that. She said that no alcoholic beverages are sold. Mrs. Mainhart said that as soon as Mrs. Yancey told her of the violations, she called the neighbors to remove their vehicles and she notified the campers that they needed to bring their vehicles into compliance. Commission members discussed what needed to be done to bring this business into compliance. Planner Cheran stated that a new conditional use permit would need to be applied for to expand the business. He said the Health Department comments from the 1990 CUP specified there would be no restaurant use; the 1991 approved site plan for expansion of the store included a retail storage addition and parking, however, there was no mention of a restaurant use. A member of the Commission asked the staff what their recommendation on a new CUP might be with all of the activities that are occurring on the site. Planner Cheran replied that the County Code contains performance standards for campgrounds dealing with density; in addition, revised agency review comments would be needed, including the Health Department. He advised that those comments would have an influence on the staffs recommendation on the CUP. • Frederick County Planning Commission Minutes of June 16, 2004 Page 1322 -5- • Commission members did not wish to shutdown Mrs. Mainhart's business, but were primarily interested in how they could bring her business into compliance with the Frederick County Code. They also believed a tabling of the consideration of the revocation would be appropriate in order to allow all the interested parties to be involved in the process and to give Mrs. Mainhart an opportunity to apply for a new conditional use permit. Chairman DeHaven next called for citizen comments. Mr. Mike Fogal, the campground manager for White Oak Trading Post, stated that as soon as they became aware of the violations, he began notifying owners of the campers that their vehicle and camper needed to be operable; he said the owners are working to accomplish this. Mr. Fogal said they were not aware there was a maximum 30-day limit on staying at the campground. He said that when Mrs. Mainhart took over the campground, there were several persons already living there from between three to five years. Mr. Fogal said that if these campers are not grandfathered to remain in the campground, he and Mrs. Mainhart will do what they need to, in order to comply with the County. Mr. Paul Floyd, a 27 -year resident of the Stephens City area, said that he has been going to Mrs. Yancey's store for 17 years. Mr. Floyd said that when Mrs. Mainhart took over the store, she cleaned it up and re- arranged things; he said her business has significantly increased and it's a more enjoyable place to go. Mr. Floyd said the clientele are local people; he thought it would be a terrible thing for this business to be closed down. Mr. Floyd next read a letter from Rev. Jackie Battle, who is the pastor at Liberty Baptist Church, as follows: "To Whom It May Concern: It is my understanding that the Planning and Zoning Commission will • have a meeting to determine the status of a license issued to Phyllis Mainhart, White Oak Campground and Trading Post. Please allow me just a minute ofyour time to address this issue. I have lived in the area almost 20 years and pastor within one mile ofthe campgrounds. 1 can say, with some certainty, that the campgrounds and store are being maintained in a fashion far ahead ofany previous operation. The campgrounds have improved, store facilities have enhanced, and cleanliness has improved. Daily meals are offered at a rate that most working day men and women can afford. It appears to me that the store is an asset to the community, not one that should be closed. Instead of another 7 -11, Sheetz, or `pump and go, " we have local people, who are not just drawing a check or making money; they take pride in a job well done. I understand the store has been in violation of some county ordinances. After talking with Mrs. Mainheart, it seems that she is more than ready, in fact eager, to comply with any ordinance that she is not in compliance with. I am sure that with just a trivial amount of time, the entire facility will meet county codes. Rather than close down an asset to the community, it seems to me it would be beneficial to the community for the Planning Commission to work with her to insure a decent, honest place to gather. Sincerely yours, Jackie Battle Pastor, Liberty Baptist Church." Another citizen, who did not state his name, said that he and his wife have lived about two miles from the White Oak Trading Post for the past 20 years. He said the store is maintained and is very clean. He spoke very highly of Mrs. Mainhart and her generosity towards others. He also spoke about how good the food was and that it was affordable. Mr. Ronald Dunlap, Sr. said that he has known Mrs. Mainhart for 40 years. Mr. Dunlap said that he used to live in one room at the Johnson Williams Community Apartments in Berryville. He had an opportunity to purchase a camper and he moved to the campground; he said he couldn't believe that people are now telling him that he can't stay where he wants to live. Mr. Dunlap said there are quite a number of people who live in the campers because it's the only place they have to live. Mr. Dunlap hoped the County would allow him and the others to stay at the campground because they are happy there and are pleased with Frederick County Planning Commission Minutes of June 16, 2004 Page 1323 -6- Mrs. Mainhart. . Mr. Billy Collins said that he painted the White Oak Trading Post for Mrs. Mainhart and he commented about its cleanliness. He also spoke highly of Mrs. Mainhart's generosity and kindness. He also stated that she makes excellent food. Ms. Diane Randall, an employee of Mrs. Mainhart for the past year, said that she enjoys working for Mrs. Mainhart. Ms. Randall said they see more new people everyday; she said that everyone enjoys coming and they like the food. Ms. Randall said they have had two inspections from the Health Department with no violations and an inspector from Richmond told Mrs. Mainhart they were doing a tremendous job and to keep up the good work. No one else wished to speak and Chairman DeHaven closed the public comment portion of the meeting. Regarding the campground Situation, some Commissioners were of the opinion that this campground did not necessarily fall within the traditional definition of a campground. Staff noted that they would work with the property owner's counsel and the building official to see what options are available. Staff also agreed to work with the applicant on applying for a new conditional use permit. Commissioner Gochenour moved to table the revocation for 30 days, or longer if needed, in order to give Mrs. Mainhart time to apply for a new conditional use permit. This motion was seconded by Commissioner Ours. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table consideration of the revocation of Conditional Use Permit #17 -90 of White Oak Trading Post for 30 days, with the option of extending the tabling if additional time is needed by the applicant. Rezoning #03 -04 of the Racey Tract (Meadows Edge), submitted by Blue Springs View, L.L.C., to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of I -81, approximately '/z mile south of Fairfax Pike (Rt. 277), east of Town Run Lane (Rt. 1012), and to the south of Ridgefield Avenue (Rt. 1065), along Ewing Lane. This property is south of Ridgefield Subdivision, east of Stephens Ridge Subdivision, and west of Woodside Subdivision, in the Opequon Magisterial District. It is identified with P.LN.s 85 -A -140. Action - Recommended Approval with Proffers Planner Jeremy F. Camp provided the background information and stated that the application is a request to rezone 105.65 acres of land to the RP District to allow for the development of up to 228 single - family detached housing units. Planner Camp explained that on March 17, 2004, the Planning Commission tabled the rezoning because a public hearing sign had not been posted on the property. He said that public input was still received during the meeting and area residents spoke about their concerns, primarily in regards to the closure of the Stephens City lagoon and transportation impacts. He stated that since March 17, the applicant has revised the rezoning application to include additional proffers and more detailed information; the sign has also been posted. Planner Camp stated that the revised proffer statement is both comprehensive 0 Frederick County Planning Commission Minutes of June 16, 2004 Page 1324 7- and thorough in its attempt to mitigate potential impacts. He said the uncertainties raised during the Planning Commission's previous review of this application appear to have been addressed. Planner Camp continued, stating that the staff would like to point out four additional concerns regarding the proffer statement which staff believes need to be adequately addressed by the applicant. He identified those concerns as follows: l) the proffer does not specifically guarantee the upgrade of Town Run Lane; 2) the proffer does not guarantee to have the proposed access road from Town Run Lane to the Racey Tract property line as the primary access to the site, nor is there a guarantee for it to be built prior to the connection with the Branch Court and Driftwood Drive connections; 3) the proffer does not guarantee that construction traffic will be limited to the access road which goes from Town Run Lane to the site; and 4) the proffer does not guarantee that the swimming pool will be constructed if the applicant stops construction at the 149` building permit. A member of the Commission questioned the timeliness ofthese additional concerns. Staff responded that these were issues that have previously been raised with the applicant and through discussions had resolution; however, during a final review of the proffer, it was discovered not to have been properly captured. Mr. Scott C. Plein with Equinox Investments and Blue Springs View, LLC, the applicant for the rezoning, said that he had no problems committing to each of the items raised by the Planning Staff and clarifying those issues. Mr. Plein hoped the rezoning application could move forward to the Board of Supervisors with the caveat that those four items would be put into the proffers in language that is acceptable to the staff and the County attorney. Mr. Plein next summarized various aspects of the development and the proffers which he believed were highlights of the development. Those points included: the 26 acres outside of the UDA will be available to the County for the next 99 years; an 80 -foot right -of -way will be available through the green space area; the road off of Town Run Lane will be constructed to the standards required for a four -lane road; language within the Homeowners Association documents will be strengthened, as well as language concerning buffers; an II -point program has been established for the closing of the Stephens City lagoon and will be done in cooperation with the Town of Stephens City; the improvements to the Stickley Drive/ Rt. 277 intersection will be completed prior to the issuance of the first building permit; a connection through Woodside will not be done until the Double Church Road improvements are completed; various techniques have been employed to mitigate traffic impacts to the Woodside community; and finally, monies have been placed in escrow for signs and other incidentals, should they be needed in the future. Commissioner Unger inquired about how the two -lane road was going to be constructed to four -lane standards. Mr. Bryan Condie and Mr. Louis Canonico, P.E., both of Christopher Consultants, LTD, explained the technical aspects of how this would be accomplished. Mr. Canonico stated that they will work with the County and VDOT to determine how best to build that section; they will grade the full 80 -foot right - of -way to accommodate four lanes, if and when they are built. Mr. Canonico said that the initial two lanes could either be constructed as the outside two lanes in one direction of the ultimate four lanes or the center two lanes could be constructed with shoulders. Commissioner Rosenberry inquired about which roads within the development would be constructed to state standards. Mr. Canonico replied that all of the roads will be public roads and they would be designed and built to VDOT standards and ultimately, maintained by VDOT. Commissioner Gochenour pointed out that the closure of the lagoon will give the applicant • Frederick County Planning Commission Minutes of June 16, 2004 Page 1325 - 8 - road access to the property and she asked for an explanation of a possible commercial element that is a part of the closure, which includes a building pad. Mr. Plein replied that they would place suitable fill in the emptied lagoon that would allow for the construction of a typical building structure. Regarding the 80 -foot right -of -way proposal for the portion which traverses the open space within the LEA line, Chairman DeHaven inquired if there was any room for flexibility on the location of the right -of -way. Mr. Plein replied that the right -of -way could be placed anywhere within that open space area the County would determine to be appropriate. Chairman DeHaven next cal led for publ is comments and the following persons came forward to speak: Mr. Dennis Scothom, part-owner of the agricultural land to the south, said that Ewing Lane is currently his only access and he spoke with Mr. Plein about a future second access further to the east. Mr. Scothorn wanted assurance that he could have access from one of the applicant's roads, in case his family should subdivide at some future time. Mr. Plein said they have provided language within the proffer allowing additional reasonable easements across the open space for homeowners in this situation. Mr. Gary Scothorn stated thatthe traffic impact analysis for this development did not include the 200 homes in Stephens City; he was concerned about the impact on response time for emergency services vehicles traveling on Rt. 277. In addition, Mr. Scothorn was concerned about the amount of traffic that would go through Woodside Estates. Ms. Sandra Ritenour said she was grateful for the amount of attention this subdivision has received by the Planning Commission, the applicant, and the Planning Department. She believed it was • important to thoroughly examine the proposal right up until the last minute. Ms. Ritenour said that her concerns remain with traffic, particularly at the interstate, where a Level of Service F is expected. She wondered how the county would deal with that over the next possibly five, seven, or ten years until the money became available for the new interstate exchange. She believed the Comprehensive Policy Plan should have language included that would require infrastructure to be in place before developments are approved. Ms. Ritenour raised an issue concerning the developer's statement that roads will be constructed prior to building permits and she wondered what type of site work is conducted prior to building permits being issued; she was concerned about the construction traffic that may have to be dealt with on Town Run Lane. Mr. John Milam, a property owner near Town Run Lane, also commended the applicant for building a dialogue with the residents in the area. However, Mr. Milam did not believe the proffers were substantial enough with regards to schools, especially in light of overcrowding and maintaining adequate teachers salaries and adequate student -to- faculty ratios. Mr. Milam stated that adequate transportation infrastructure was not in place and believed it should be a defining aspect of the Comprehensive Plan. He was also concerned about the impacts to the response times for emergency services vehicles. 0 Frederick County Planning Commission Minutes of June 16, 2004 Page 1326 Ms. Carol Forno was concerned that the applicant, Mr. Plein, had not contacted the • Woodside Estates I Homeowners Association to address the problems raised by the homeowners. She questioned Mr. Plein's reliability since he had not contacted the homeowners and because he would not give them specific directions to other developments he has been involved with. Ms. Forno stated that she passed two traffic accidents along Rt. 277 on her way to this evening's meeting. Mr. Hal Marks, a Woodside 11 resident, said that he realized that development of the Racey tract was inevitable; however, he believed that Mr. Plein has maintained a good dialogue with the adjoining Woodside 11 residents and he has proposed a well - planned community that will be a future asset. Mr. Marks said that traffic issues still needed to be worked through. He added that if development had to occur at this location, then Mr. Plein was the kind of individual he wanted to do it. Mr. Mike Keough, the Town Manager for the Town of Stephens City, came forward to address the lagoon issue. Mr. Keough stated that the lagoon is located within Frederick County and is zoned RA (Rural Areas). He explained that the Town of Stephens City took this opportunity to work with the developer to close the lagoon and convert it into a useable site, which the Town will probably sell. He said that in its present state, the lagoon was probably a liability. Mr. Keough said there were negligible wastewater impacts on this site; it contained no heavy metals. He assured the Commission that the Town will closely monitor the closing; its closure was bonded through the agreement. Mr. Keough said that the Town of Stephens City's only other concern was with traffic, particularly atthe interchange and traffic light. Mr. John Murphy was concerned about the increased traffic impacts between Stickley Road and Double Church Road on Rt. 277. He commented that it was congested now and he was concerned about the traffic increasing with additional development. Since no one else wished to make a comment, Chairman DeHaven closed the public comment portion of the meeting. Mr. Scott Plein returned to the podium and addressed some of the comments raised by the citizens who spoke. Commissioner Thomas had numerous technical questions regarding the traffic impact analysis and the methodology used. These questions were answered by Mr. Michael J. Workosky with Wells & Associates, LLC, the traffic, transportation, and parking consultants for the project. It was concluded that there were no cases where the level of service was degraded and not improved, except for one, which was the northbound off ramp on 1 -81. Commissioner Thomas commented that the developer was committing to quite a bit of expenditures before sel ling the first lot. Commissioner Thomas asked what protection the County and V DOT will have that all the promised work will be accomplished. Mr. Plein said that the road projects and other projects will be fully bonded for the appropriate amount. Commissioner Ours agreed that the traffic was a consideration with this proposal; however, he said that during his tenure on the Commission, he has never seen a time when the roads were built before a housing development came about. Commissioner Ours believed this was a very good plan; he hoped this plan would set a precedent for future development in Frederick County. He said the County has asked much of this developer and the developer has delivered. Next, Commissioner Ours read a letter into the record that • Frederick County Planning Commission Minutes of June 16, 2004 Page 1327 -10- was sent to him from Ron and Ellen Rogers of 127 Branch Court in Woodside, Stephens City, as follows: "Mr. Ours: As I am sure that you are aware, in your next board meeting you will be asked to vote to accept the rezoning of the "Racey Tract" for development. I would ask that you vote "yes "for this developer. When myfamily and I moved to Woodside Estates 14 we knew that eventually the property adjacent to our property would be developed for more homes. It was obvious, especially for the barriers at the end of Trunk Drive and Driftwood Drive. But, still we moved here. Southern Hills development was approved without enough consideration give to the impact it would create on Fairfax Pike. The current developerfor Meadows Edge has bent over backwards to help the state and county fix the traffic issues with improvements to be made to Fairfax Pike and I -81 connectors. Mr. Plein, has met with many homeowners of WSEII and WSEI to include their concerns in the proffers. /don't think the community could ask for anymore cooperation from the developer. Mr. Plein has promised to fix runoff problems that were created by our developer and to even put money in an escrow account to assist in the solution of traffic issues that may occur in WSEII or WSEI. Asa member of Woodside Estates 11 HOA Board of Directors, we agree that this developer should be given the rezoning permit to continue with the "Racey Tract" development. My only regret is that 1 did not get more involved in the approval of Signal Hill and the Hartwood developments, as they seem to have gotten approved without enough community involvement... " Commissioner Rosenberry quoted some of the 1 iterature received from the Frederick County Public Schools, as follows: ..... based on the information in the application packet, it is anticipated that the proposed 228 single-family homes will yield 89 high school students, 32 middle school students, and 39 elementary school students, for a total of 160 students upon build - out.... significant residential growth in Frederick County has resulted in the schools serving this community having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area will necessitate the future construction ofnew school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be addressed during the approval process." Commissioner Rosenberry quoted some of the information received from V DOT, as follows: "...however, there are no improvements detailed that would address the proposed impacts to the Level ofService at the intersections of Rt. 277 (Fairfax Pike) and 1 -81 North and South -bound ramps.... the proposed development would further exacerbate conditions at the interchange of R[ 277 (Fairfax Pike) and 1 -81 North and South -bound ramps. " Commissioner Rosenberry said he realized the developer could not do much about that situation, however, a traffic problem existed. He believed that placing additional housing would create more problems. Commissioner Rosenberry said the concern about emergency services getting across I -81, whether or not it's this development or another development, will continue to be a problem. He wondered if Fire and Rescue was considering another station. Commissioner Ours said that based on his previous comments, he would move for a recommendation of approval for Rezoning 403 -04 of the Racey Tract (Meadows Edge). This motion was seconded by Commissioner Kriz. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning #03 -04 of the Racey Tract (Meadows Edge), submitted by Blue Springs View, L.L.C., to rezone 105.65 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. • Frederick County Planning Commission Minutes of June 16, 2004 Page 1328 The vote was as follows: YES (TO APPROVE) Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour, Watt, Rosenberry, DeHaven Upon motion made by Commissioner Morris and seconded by Commissioner Ours, the Planning Commission unanimously included the letters of concern from Mr. Gary Scothorn and from Ron and Ellen Rogers as a part of the Racey Tract (Meadows Edge) official record. OTHER GUIDANCE ON LEGAL OPINIONS Commissioner Rosenberry stated that during the previous meeting, Commission members were given information regarding legal opinions forthe Planning Commission when considering applications. Commissioner Rosenberry inquired if it was possible to arrange for a roundtable discussion with County attorneys to help members of the Commission understand the information. Other Commissioners agreed, commentingthatthe discussion should involve guidance on the imp] ications and implementations ofthe legal opinions. It was suggested that checklist could be developed to guide Commissioners on what issues could be discussed at each phase of application submittal. The Planning Commission authorized the staff to arrange a work session as soon as possible. Board Liaison, Barbara Van Osten, suggested that the Board of Supervisors be included in the discussions. COMPREHENSIVE POLICY PLAN AMENDMENTS JOINT WORK SESSION Chairman DeHaven reminded everyone of the Comprehensive Policy Plan Amendments Joint Work Session with the Board of Supervisors on July 12, 2004 at 12:00 noon. Planning Director Lawrence said that packets of information regarding the applications will be sent to the Planning Commission, the Board of Supervisors, and the Comprehensive Plans & Programs Subcommittee. • Frederick County Planning Commission Minutes of June 16 2004 Page 1329 12- ADJOURNMENT • No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:25 p.m. a ar c ully submitteles . E ven, Jr., Chairma Eric R. lawrence, Secretary • r Frederick County Planning Commission Minutes of June 16, 2004 Page 1330