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PC_10-06-04_Meeting_Minutes• MEETING 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 October 6, 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; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; Gene E. Fisher, Citizen at Large (appointed to the Board of Supervisors) STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R Cheran, Zoning Administrator; Susan K. Eddy, Senior Planner; David Beniamino, Planner; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of August 18, 2004 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of September 1, 2004 were unanimously approved as presented. • Fredrick County Planning Commission Page 1387 Minutes of October 6, 2004 -2- • COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 09/23/04 Mtg. Commissioner Thomas reported that the DRRS has begun a review of the open space regulations in the residential zoning ordinance; they are reviewing some of the permitted uses in the RA (Rural Areas) District; and they have begun a preliminary review of the regulations concerning buffers, particularly the section on shared buffers and setbacks. Comprehensive Plans & Programs Subcommittee (CPPS) — 09/28/04 Mtg. Commissioner Light reported that the CPPS held a joint meeting with the Planning Commission and the Board of Supervisors on the rural areas studies. He said the CPPS presented three options, which were discussed at great length. Commissioner Light said that the CPPS is now preparing to hold public meetings. Economic Development Commission (EDC) — 10/01/04 Mtg. Commissioner Thomas reported that the EDC discussed their participation in the Frederick • County Schools' Service Learning Program and they will continue to participate this year. He said the EDC received a number of reports and one in particular, the economic condition and employment report for Frederick County and the Winchester area, indicated an extremely low unemployment rate. He commented that although low unemployment is very desirable, it does reduce our area's attractiveness for new businesses coming to the area. PUBLIC HEARING Conditional Use Permit #19 -04 of Rocky Keplinger for a Public Garage with body repair at 161 Woodchuck Lane (Rt. 654). This property, zoned RA (Rural Areas) District, is identified with P.I.N. 52- A -262 -B in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Planner David Beniamino stated that the applicant plans to repair and service a small number of emergency vehicles on the site, as well as provide a limited number of emergency vehicles for sale as an accessory use. He said the applicant has reported that the facility would not be available to the general public; all activity would be made on an appointment -only basis; and 80% of repair work would be done off-site. Planner Beniamino added that the applicant maintains an existing conditional use permit (CUP 403 -89) for the property located at 218 Woodchuck Lane for the same type of use. He further added that the applicant desires to keep this existing conditional use permit valid, if the new conditional use permit is approved. In conclusion, Planner • Beniamino read a list of recommended conditions, should the Commission find the use to be appropriate Fredrick County Planning Commission Page 1388 Minutes of October 6, 2004 -3- • Mr. Rocky Keplinger, the applicant, pointed out on a display map his existing facility, located southwest of the proposed new site, and he told the Commission he has been operating at his existing location for 17 years under a conditional use permit. Mr. Keplinger said he only received two complaints in all of that time and he was found not to be at fault on those complaints. He explained the reason for this move is because the new fire trucks have tilt cabs and he does not have the ceiling height needed at the existing location to work on them. He said the McFarlands have made this new property available to him and the building has a higher ceiling height. Mr. Keplinger stated that he owns eight service vehicles, including his pick -up. He added that fire trucks and rescue vehicles for sale will not be displayed outside. Chairman DeHaven asked Mr. Keplinger if he was comfortable with the conditions recommended by the staff. Mr. Keplinger said that he was fine with Condition # 1, No more than five vehicles for sale on the site and Condition #2, No more than ten vehicles waiting for repair; however, he preferred to modify Condition 43 to state, "No more than 20 employee and company -owned vehicles on the site... " rather than the 15 vehicles stated. Commission members discussed with Mr. Keplinger where the vehicles waiting for repair and the employee and company -owned vehicles would be parked on the site. Members of the Commission also advised Mr. Keplinger of the possibility of the conditional use permit being revoked, if complaints are received and are not able to be resolved. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, • BE ff RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #19 -04 of Rocky Keplinger for a public garage with body repair at 161 Woodchuck Lane (Rt. 654) with the following conditions: 1. No more than five vehicles for sale shall be located on site at any one time. All vehicles for sale shall be associated with Emergency Services. 2. No more than ten vehicles awaiting repair shall be located on site at any one time. 3. No more than 20 employee and company -owned vehicles shall be located on site at any one time. 4. A buffer amounting to either a six -foot opaque fence or a double row of evergreens will be provided along the northern property line. 5. Any proposed business sign shall conform to the Cottage Occupation sign requirements and will not exceed four square feet in size. 6. A minor site plan will be required, if the cumulative square footage of the structure on the site surpasses 20,000 square feet. T No more than 12 employees will be associated with this conditional use permit. • 8. Any expansion or modification of this use shall require approval of anew conditional use permit. Fredrick County Planning Commission Page 1389 Minutes of October 6, 2004 -4— • (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.) Conditional Use Permit #22 -04 of the Robert E. Rose Memorial Foundation, submitted by Mr. Lawton Saunders, for an addition to the existing licensed home for adults and adult care facility located at 549 Valley Mill Road (Rt. 659). This property, zoned RP (Residential Performance) District, is identified with P.I.N. 55 -A -56 in the Red Bud Magisterial District. Action — Recommended Approval with Conditions Planner David Beniamino reported that this application is for abuilding expansion to an existing 26 -bed adult care facility located at 549 Valley Mill Road (Rt. 659) and which currently has an existing conditional use permit (CUP 402 -96). Planner Beniamino stated that the applicant plans to build a 5,600 square foot addition, to be completed in three phases, and will include a new physical therapy room and eight additional resident rooms. Planner Beniamino added that since the site's initial construction in 1996, Valley Mill Road has been relocated as part of the Greenwood Road improvements project; he said the road relocation will allow expansion to occur with minimal impact. Planner Beniamino next read a list of recommended conditions, should the Commission find the use to be appropriate. A member of the Commission expressed concern about the addition being constructed on a steep hill. • Mr. Lawton Saunders, representing the Robert E. Rose Memorial Foundation, pointed out that because the Valley Mill Road relocation basically cut off a portion of the property, this is the only area available for the Foundation to expand. He said that he has prepared some preliminary contours which have determined there is approximately a five -to -six foot cut and fill condition that will need to be terraced on the rear portion of the property. Mr. Saunders noted that there is sufficient room to terrace down the hillside and, in addition, there will need to be terracing for the road. Another question from the Commission concerned possible impacts to Abrams Creek during and after construction. Mr. Saunders believed that terracing the hillside would help the run -off situation, rather than make it worse. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Gochenour and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #22 -04 of the Robert E. Rose Memorial Foundation, submitted by Mr. Lawton Saunders, for an addition to the existing licensed home for adults and adult care facility located at 549 Valley Mill Road (Rt. 659) µnth the following conditions: 1. All review agency comments and requirements shall be complied with at all times. • 2. A site plan must be submitted and approved prior to issuance of any building permits. Fredrick County Planning Commission Page 1390 Minutes of October 6, 2004 -5- • 3. The applicant must comply with all requirements of the state and county codes pertaining to adult care facilities at all times. 4. Any expansion or modification of this use shall require approval of a new site plan and a conditional use permit. (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.) Rezoning Application 412 -04 of the Butcher Property ( Briarwood, LC), submitted by Gilbert W. Clifford & Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located east of Greenwood Road (Rt. 656), south and adjacent to the Briarwood Subdivision, and is identified with P.I.N. 55 -A -200 in the Red Bud Magisterial District. Action — Recommended Approval with Proffers Planning Director Eric R Lawrence stated that the land requested for rezoning is within the Urban Development Area (UDA) and is generally consistent with the land use policies found in the Comprehensive Policy Plan; the primary access to the site will occur via Farmington Boulevard and its intersection with Greenwood Road. Director Lawrence summarized the applicant's proffers for this rezoning, • which included: assurance that the site will be developed to accommodate no more than 69 single -family detached dwelling units; the provision of a monetary contribution of $10,206 per lot to lessen the impacts on capital facilities; the applicant will enter into a signalization agreement with VDOT for the intersection of Farmington Boulevard and Greenwood Road; and, the applicant will implement traffic calming techniques along Farmington Boulevard. Mr. Charles E. Maddox, Jr., project engineer, introduced himself and Mr. David Holliday, the purchaser of the Butcher property. Mr. Maddox said there is ample right -of -way and culvert sizing downstream in the Briarwood plan to accommodate this development and storm water management can be handled easily due to the natural stream channel which prevents drainage from leaving the site. He assured the Commission that the storm water management will meet all Virginia handbook requirements. Mr. Maddox added that they have met several times with VDOT; he said the most recent VDOT comments, dated September 22, 2004, indicate that the mitigation proposed for this project is satisfactory. He said that VDOT's primary concern was the prorated share cost participation of the stop light at the intersection of Farmington and Greenwood Road. Mr. Maddox further added that all the roads will be public with curb and gutter. Commissioner Thomas inquired about the numerical analysis section of the traffic impact analysis prepared by Patton, Harris & Rust, and, in particular, he asked how the conclusion was reached that traffic would not be denigrated below Level of Service D. Mr. Maddox replied that this project links in with a number of other projects that VDOT has previously received data on; he said that the same traffic consultant doing this project had done the other projects as well. • Fredrick County Planning Commission Page 1391 Minutes of October 6, 2004 Im • Commissioner Rosenberry raised his concern about the Public Works' continent advising that the Greenwood solid waste dumpster site had exceeded capacity because of the recent development in the Senseny Road/ Greenwood Road area. Commissioner Rosenberry asked Mr. Maddox for his opinion regarding Public Works' recommendation that a curbside program be implemented by the homeowners' association to avoid the long lines at the convenience site. It was Mr. Maddox's opinion that it was not appropriate to have a homeowners association of this small size be responsible for day -to-day bill collection. Commissioner Straub raised the issue of overcrowded schools in this area. Commissioner Straub said that both Senseny Road Elementary School and Red Bud Run School are over capacity and she anticipated that most of the students south of Senserry Road will probably be sent to the new elementary school, ten miles away. She was not in favor of busing small children so far away to attend school. She believed the County should attempt to locate schools where the growth is actually occurring and not in unpopulated areas where the school would generate residential growth around it. Mr. Maddox replied that the fiscal impact model allows for funds to be generated by this project as demands occur. He said the model predicts over $7,500 per lot, which will equate to in excess of a half million dollars of capital input into the school construction budget. Mr. Maddox said that he realized that it doesn't solve the near-term, immediate issue, but the houses will take a substantial amount of time to build. Furthermore, he said it will take sometime for the development to actually exert the projected impacts. Board Liaison Barbara VanOsten inquired whether traffic calming techniques were proffered for both ends of Farmington Boulevard or just the northern end. Mr. Maddox replied that the particular location and traffic- calming technique would be determined by VDOT during their review and the applicant would comply with VDOT's recommendation. Ms. VanOsten also inquired about the intended lot sizes. Mr. Maddox replied that 12,000 square -foot lots, consistent with Briarwood, would be used. He added that the density calculates to • 2.3 units per acre, which will allow for 69 dwelling units. Commissioner Unger inquired if there were any build -out projections for this project so that the county could anticipate the capital facilities impacts. Mr. Maddox replied that a phasing plan was not proposed because of the size of the project, however, he anticipated it taking approximately two years. Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Brenda Vance, a resident at 690 Greenwood Road, said that in September of 2000, the reconstruction of Greenwood Road (Rt. 656) began and much of her front yard was taken to widen Greenwood Road to accommodate the increased traffic. Ms. Vance said that since that road was reconstructed, many subdivisions have been approved and the traffic has returned to the volume it was in the Year 2000. She said the homeowners are having difficulty getting out of their driveways and traffic accidents are occurring almost daily at the intersection of Greenwood Road and Valley Mill Road. Ms. Vance was disturbed by the long lines at the dumpsters and the fact that schools were overcapacity. She said the roads can not handle additional traffic. Ms. Vance believed that this rezoning request needed to be placed on hold until the new school was constructed and opened in 2006 or, until after the completion of the Rt. 37 Bypass. Ms. Vance asked the Commission to respond to the needs of the residents of Greenwood Road. Ms. Betty Winslow was concerned about the additional subdivisions coming to the Senseny Road School area. Ms. Winslow was concerned about overcrowding of the schools and about busing the elementary school children. She believed that Senseny Road School and Armel School will be redistricted when the new elementary school opens in the Fall of 2006. Ms. Winslow asked that the County require the owner of • this development to delay selling lots until after the new elementary school opened in the Fall of 2006. Fredrick County Planning Commission Page 1392 Minutes of October 6, 2004 -7- • Funding for the infrastructure necessary to accommodate all of the residential development in this area remained an issue for some of the Commission members. They were concerned about future operating expenses for schools, such as salaries for teachers and administrators, increased demands on the water and sewer system, storm water management, and transportation issues. They also recognized that this particular applicant had probably done as much as possible in the submitted proffers to mitigate the future impacts generated by this development. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 412 -04 of the Butcher Property (Briarwood, LC), submitted by Gilbert W. Clifford & Associates, Inc., to rezone 29.9891 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers as submitted by the applicant, by the following majority vote: YES (TO APPROVE) Watt, Unger, Morris, DeHaven, Thomas, Kriz, Triplett NO: Straub, Gochenour, Light, Rosenberry (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.) • AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, SECTION 165 -48, CAR WASHES, REGARDING HOURS OF OPERATION FOR CAR WASHES IN THE B2 (BUSINESS GENERAL) ZONING DISTRICT. Action — Recommended Approval Zoning Administrator, Mark R Cheran, reported that the Development Review and Regulations Subcommittee (DRRS), at their meeting of May 27,.2004, recommended adding hours of operation for car washes located in the B2 (Business General) Zoning District under Section 165 -48 of the Frederick County Zoning Ordinance. Administrator Cheran stated that the hours of operation would only apply to B2 property that is adjacent to RA (Rural Area) land with residential dwellings, RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), MS (Medical Support) with a residential component, or MH 1 (Mobile Home Community) zoned land. He added that the DRRS's intent in adding hours of operation was to make the B2 car washes consistent with the current zoning ordinance requirements for car washes located in the B 1 (Neighborhood Business) Zoning District and, hopefully, would negate nuisance factors. Chairman DeHaven raised the issue of whether the amendment should only apply to new operations, from the time of adoption forward, and whether or not it should be considered for upgrades and/or expansions of existing facilities. Chairman DeHaven was concerned that if some of the existing car washes were upgraded to accommodate the new technologies, they would become even more intrusive. Chairman DeHaven believed this was an issue that needed to be addressed and a consensus reached before the amendment went forward. Members of the Commission believed it would be appropriate to apply the amendment to any new car washes and those modifying existing car washes with upgrades. • Fredrick County Planning Commission Page 1393 Minutes of October 6, 2004 ME • Chairman DeHaven called for public comments and the following person came forward to speak Mr. Jeff Miller, the co -owner and operator of two car washes in Frederick County, one on Aylor Road and one in Sunnyside, expressed his opposition to the possibility of the County regulating his hours of operation. Mr. Miller's two car washes did not adjoin residential property and his use pre - existed the proposed ordinance change; therefore, he was grandfathered to the requirements at the point his occupancy permit was issued. W. Miller told the Commission that the proposed ordinance would limit hours of operation on weekends when car washes do the majority of their business. He said that most people only have the opportunity to use car washes on weekends and he frequently has a lot full of customers on a Sunday morning at 7:00 a.m. Mr. Miller was also opposed to eliminating car washes in the BI Zone. He said a consumer would not drive out of their way to the back of a 132 -zoned industrial park to use a car wash; he said that is not where car washes function or operate. In addition, Mr. Miller commented about 24 -hour convenience stores; he said they are adjacent to residential properties and could also be considered a nuisance. Commissioner Moms expressed his opposition to singling out one business or one sic code, out of all those that are permitted, to operate under restricted hours. He said that some other use that may be equally noisy or offensive to a community would still be able to operate without restriction. Commissioner Morris suggested that if car washes are determined to be a problem in B 1 Zoning Districts, then that particular SIC code should be eliminated from BI. Commissioners who were members of the DRRS stated that this proposed amendment was only an attempt to make the car washes in the B2 District consistent with the existing code for car washes in the B 1 District. It was pointed out that car washes in the B I District currently have restricted hours of operation. Commission members also discussed the possibility of eliminating car washes from the B I Zone entirely. • Upon motion made by Commissioner Unger and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165 -48, Car Washes, regarding hours of operation for car washes in the in B2 (Business General) Zoning District, as presented, by the following majority vote: YES (TO APPROVE) Straub, Gochenour, Watt, Unger, Light, DeHaven, Thomas, Kriz, Triplett, Rosenberry NO: Morris (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, TO ADD THE MEDICAL SUPPORT DISTRICT TO SECTIONS 165- 47C(1), 165 -133, and 165 -134. Action — Recommended Approval Zoning Administrator, Mark R Cheran, stated that this ordinance amendment would simply • include the approved MS (Medical Support) District into relevant sections of the Frederick County Zoning Ordinance. Administrator Cheran said that the Development Review and Regulations Subcommittee (DRRS) Fredrick County Planning Commission Page 1394 Minutes of October 6, 2004 mm • recommended approval of the amendment at their meeting of June 24, 2004. He said the proposed amendment was discussed by the Planning Commission and the Board of Supervisors and received support from both. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues were raised by the Commission and they believed the amendment to be appropriate. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, to add the Medical Support District to Sections 165- 47C(1), 165 -133, and 165 -134, as presented. (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.) DISCUSSION Request for extension of the Sewer and Water Service Area (SWSA) to include approximately 35 acres, submitted by Patton, Harris, Rust & Associates. The properties are currently zoned RA (Rural Areas) and are located on the west side of Front Royal Pike (Rt. 522), east of the Eastgate Commerce Center. The subject properties are identified by P.I.N.s 87 -A -31, 87 -A -34, 87- A -34A, 87- A -34B, and 87 -A -35 in the • Shawnee Magisterial District. Senior Planner, Susan K. Eddy, reported that the applicant is requesting the expansion of the Sewer and Water Service Area (SWSA) to incorporate approximately 35 acres, consisting of five parcels, which she identified on a map. Planner Eddy stated that the applicant has indicated he would be seeking a rezoning to business use for these properties. She said that expansion of the SWSA would effectively plan the area for business and industrial uses consistent with the Eastern Frederick County Long Range Land Use Plan. Planner Eddy added that the applicant had identified a different SWSA boundary than the staff, which included the Home Depot Distribution Center and the entire Eastgate Commerce Center. Although the staff was unable to find any record of this particular SWSA boundary, staff was aware that some of this area is already served by sewer and water. Planner Eddy said that staff is proposing a simpler extension of the SWSA boundary to include sites that are planned for industrial and business uses within the Eastern Frederick County Long Range Land Use Plan section of the Comprehensive Policy Plan. Planner Eddy identified those parcels for the Commission, noting that some of the sites were already zoned M1, B2, and B3, and all were adjacent to the existing SWSA boundary. She said that inclusion of these properties would resolve the uncertainty of the SWSA boundary in this area. In conclusion, Planner Eddy stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request at their meeting of September 13, 2004. She said the committee members were generally supportive of the request and the staff's proposal to include nearby commercial and industrial sites within the SWSA to provide a more logical SWSA boundary. • Fredrick County Planning Commission Page 1395 Minutes of October 6, 2004 -10- • Commission members were in agreement that the applicant's SWSA expansion request was appropriate and they were supportive of the staff's recommendation to include the adjacent properties within the SWSA boundaries in order to resolve the uncertainty of the SWSA boundary in this area. DISCUSSION OF AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, TO AMEND SECTION 165 -50, PERMITTED USES, TO INCLUDE LOCAL GOVERNMENT SERVICES OFFICE USE IN THE RA (RURAL AREAS) ZONING DISTRICT. Zoning Administrator, Mark R Cheran, stated that the DRRS (Development Review and Regulations Subcommittee) discussed the addition of local government services office use as a permitted use in the RA Zoning District at their meeting on September 23, 2004. The local government services offices would be owned, leased, or operated by Frederick County for services to the general public. Administrator Cheran said that the DRRS recommended adding the definition of local government services office to the ordinance and including local government services office use within Section 165 -50, Pemutted Uses, of the Frederick County Zoning Ordinance. The Planning Commission agreed that it would be very appropriate to add this use to the ordinance as presented by the DRRS and the staff. They noted that currently, the ordinance does not provide, for example, a remote police station or satellite office out in the rural areas of the county. • DISCUSSION OF A PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING, TO AMEND SECTION 165- 63(C), OPEN SPACE REQUIREMENTS IN THE RP (RESIDENTIAL PERFORMANCE) ZONING DISTRICT. Zoning Administrator, Mark R. Cheran, reported that the staff received a request by Greenway Engineering to consider clarifications or reductions in the required open space for larger residential mixed -use projects. Administrator Cheran stated that the DRRS (Development Review and Regulations Subcommittee) met with Greenway Engineering to discuss the concept and, subsequently, drafted a proposed amendment that achieved Greenway Engineering's goals while providing additional recreational amenities for future residents of a project. Specifically, he said the proposed amendment would provide an opportunity for the property owner or land design team to reduce the required open space by 50 percent, if significant recreational amenities were provided for the development project. Commissioner Thomas, a member of the DRRS, stated that the subcommittee spent considerable time on this discussion. He said the proposed amendment is an attempt to offer an incentive for developers to design a useable open space area, rather than simply providing an open plot of ground. Specifically, it gives the developer the ability to increase the number of lots they have for sale, as long as a portion of the monetary return goes back into the community to provide useable open space. Commissioner Thomas commented that depending on how the incentives are implemented by developers, desirable recreational facilities could be provided within the community that would be maintained by the homeowners association. • Fredrick County Planning Commission Page 1396 Minutes of October 6, 2004 -11- • Mr. Evan A. Wyatt, with Greenway Engineering, stated that this proposal would provide an opportunity to design more livable communities. He stated that a significant amount of land is being placed into open space for no apparent reason. Referring to the ongoing rural areas studies, Mr. Wyatt suggested that while the County is considering ways to decrease densities in the rural areas, methods to make better use of the urban development area should also be considered. Commission members raised the issue of the possibility for developments that receive waivers to exceed the density requirements of the ordinance; they believed the density requirements permitted by the ordinance should not be exceeded. Commissioners also raised the issue of the possibility of large percentage increases in density compared with only a small portion of that increase coming back in units of value to the residents, while at the same time, the open space is reduced. They noted that the open space is partly aesthetic, but also partly a relief valve for space between high- density developments. Another concern raised was the possibility that a property would be rezoned based on a projected density which could drastically change with the master development plan stage. Everyone agreed that the concept was worth pursuing, but they wanted to proceed carefully. They suggested the possibility of looking at a few more scenarios to be certain the densities were not being increased too much. The Planning Staff commented that currently, many proposed projects do not achievemaximum ordinance densities because the open space does not provide sufficient opportunity. Staff noted that this proposal will give the development community the opportunity to utilize the maximum density allowed by the ordinance and at the same time, provide additional recreational amenities for the residents in the new community. The Planning Staff suggested the inclusion of a clause stating that under no circumstance will the developer exceed a designated density. Regarding the issue of densities changing between the rezoning and master development plan is stages of development, they pointed out that proffer language during rezoning would govem the density. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:15 p.m. Respectfully submitted, • Fredrick County Planning Commission rage 1397 Minutes of October 6, 2004