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PC_11-03-04_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 November 3, 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; Richard C. Ours, Opequon 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: William C. Rosenberry, Shawnee District STAFF PRESENT: Eric R. Lawrence, Planning Director; Susan K. Eddy, Senior Planner; Mark R Cheran, Zoning Administrator; 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 Triplett, the minutes of October 6, 2004 were unanimously approved as presented. COMMITTEE REPORTS Develooment Review & Reeulations Subcommittee (DRRS) — 10/21/04 Mtg. Commissioner Unger reported that the DRRS discussed at great length possible changes to the ordinance regarding flex tech. He said that this discussion was initiated by a request from Mr. John Lewis of Painter - Lewis, P.L.C. Commissioner Unger said that a totally satisfactory solution was not reached and the DRRS mill be forwarding that discussion to the Commission for its input. r1 U Fredrick County Planning Commission Page 1405 Minutes of November 3, 2004 -2- • Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CPPS is conducting the stakeholder and public input meetings for the Rural Areas Study. He reported that the CPPS will meet with the Top of Virginia Building Association on Thursday, November 4, and public comment sessions are scheduled for Tuesday, November 9, at Stonewall Elementary School, Monday, November 15, at Frederick County Middle School, and Tuesday, November 16, at Indian Hollow Elementary School. Commissioner Light added that the CPPS will also meet next week to discuss the Capital Improvements Plan. PUBLIC HEARING Request submitted by Patton, Harris, Rust & Associates, Inc. to include approximately 178 acres of land into the Sewer and Water Service Area (SWSA). The properties are located on the west side of Front Royal Pike (Rt. 522), south of Tasker Road, adjacent to the Eastgate Commerce Center. The subject properties are identified by P.I.N.s 76 -A -42, 76 -A -53, 76- A -53G, 87 -A -31, 87 -A -34, 87- A -34B, 87 -A- 34A,87-A- 35,87 -A -36, 87 -A -37, 76- A -53E, 76- A- 53F,76- A -53A, and 76 -A-48A in the Shawnee Magisterial District. • Action — Recommended Approval Senior Planner, Susan K Eddy, reported that the application before the Commission is a Comprehensive Policy Plan amendment request to expand the Sewer and Water Service Area (SWSA) by approximately 178 acres. She said the subject parcels are in a number of zoning districts including Ml, B3, B2, which are in industrial and business uses, and a few parcels are zoned RA and are in agricultural use. She said that none of the parcels are included in any of the small study area land use plans included in the Frederick County Comprehensive Policy Plan. Planner Eddy explained that the Frederick County Sanitation Authority (FCSA) already serves much of this area and has indicated they would be able to serve the subject parcels with public water and sewer. Planner Eddy commented that the applicant has indicated that he would be seeking a rezoning to business use for the properties east of the Eastgate Commerce Center and west of Front Royal Pike (Rt. 522). She advised that entrances to the subject properties east of the Eastgate Commerce Center should not be located on Front Royal Pike (Rt. 522), but access to the subject sites should be from Maranto Manor Drive, which currently accesses the Home Depot site. Planner Eddy continued, recalling that when this application was considered as a discussion item, the applicant had identified a different SWSA boundary than the staff. She said the staff was not able to find a record that the SWSA boundary had been expanded to include the Home Depot site and the entire Eastgate Commerce Center, however, the staff is aware that some of this area is already served by sewer and water. She said the staff is proposing a slightly different boundary line and includes the parcels requested by the applicant to remove any uncertainty of the SWSA boundaries. r 1 U Fredrick County Planning Commission Page 1406 Minutes of November 3, 2004 -3- • In conclusion, Planner Eddy stated that the CPPS (Comprehensive Plans & Programs Subcommittee) considered this request at their meeting of September 13, 2004, and was generally supportive of the SWSA request and the staffs suggestion to expand it to other properties to remove the uncertainty of the SWSA line. In addition, she said the Planning Commission considered the request as a discussion item on October 6, 2004, and the Board of Supervisors considered the request as a discussion item on October 12, 2004. She said that both bodies were in support of the applicant's request as well as the staff's recommendation to expand the request to adjacent properties to remove the uncertainty of the SWSA line. Mr. Charles E. Maddox, Jr., P.E. of Patton, Harris, Rust & Associates, P.C. was present to represent the owner and the developers of the Eastgate project for this SWSA expansion request. Mr. Maddox stated that the origin of this project was in the 1980s with the build -up of industrial development in the Warren County area along Rt. 522. Mr. Maddox recalled that Frederick County acknowledged at that time their desire to be in on the potential utilization of the Inland Port facility in Warren County and the Eastgate property was a good location. Mr. Maddox said that later on, Tasker Road was planned through this site and the developers helped with the financial backing to provide the road. Mr. Maddox continued, stating that the road that provides industrial access to the Home Depot Distribution Warehouse Facility goes through the RA -zoned portion of the property and forms an industrial - commercial comer with Rt. 522, which is a major signalized intersection in Frederick County. Mr. Maddox explained that they are seeking action on this SWSA expansion in order to properly file a rezoning request for property on sewer and water. Chairman DeHaven called for citizen comment; however, no one came forward to speak. Commissioner Thomas stated that he was a member of the Commission when the Eastgate commercial area was rezoned and it was certainly the Commission's intent at that time for this entire property to be included within the SWSA; therefore, he made a motion to recommend approval. This motion was seconded by Commissioner Kriz and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request submitted by Patton, Harris, Rust & Associates to include approximately 178 acres of land, located on the west side of Front Royal Pike (Rt. 522), south of Tasker Road, adjacent to the Eastgate Commerce Center, into Frederick County's Sewer and Water Service Area (SWSA). AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, SECTION 165 -50, TO INCLUDE LOCAL GOVERNMENT SERVICES OFFICE USE IN THE RA (RURAL AREAS) ZONING DISTRICT. Action — Recommended Approval Zoning Administrator, Mark R Cheran, stated that the Development Review & Regulations Subcommittee (DRRS) discussed adding local government services office use a permitted use in the RA Zoning District at their meeting of September 23, 2004. Administrator Cheran stated that Section 165 -50 of the Frederick County Zoning Ordinance currently allows schools, post offices, fire and rescue stations, and public • utilities. He explained that local government services offices would be owned, leased, or operated by Frederick Fredrick County Planning Commission Page Minutes of November 3, 2004 County for services to the public in general. He added that both the Planning Commission and the Board of • Supervisors discussed this amendment and both bodies were in support of adding the definition of local government services office to the ordinance and including local government services office use within Section 165 -50 of the Frederick County Zoning Ordinance. Commission. Chairman DeHaven called for public comment; however, no one came forward to address the No issues were raised by the Commission and they believed the amendment to be 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 of an ordinance to amend the Frederick County Code, Section 165 -50, to include local government services office use in the RA (Rural Areas) Zoning District. OTHER PRESENTATION ON FREDERICK COUNTY'S RURAL AREAS STUDY Senior Planner, Susan K. Eddy, gave the Planning Commission a shortened version of the Rural Areas Study presentation that she normally provides at the public comment sessions for the rural areas study. • She said that approximately one year ago the Board of Supervisors requested that the Comprehensive Plans & Programs Subcommittee (CPPS) begin a study of the rural areas. She reported a variety of reasons for doing the study, including facts that 30% of all new housing in Frederick County is in the rural area; there has been a decline in agriculture; there has been a loss of open space; there has been pressure from new development on rural roads, and there have been impacts of new residential development on public facilities. Planner Eddy said that ultimately, the end product of the study will be new policies for the rural area in the Comprehensive Policy Plan. Planner Eddy next proceeded with her presentation, describing the three separate land development options proposed along with proposed densities. • Fredrick County Planning Commission Page 1408 Minutes of November 3, 2004 -5- 0 ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:35 p.m. Respectfully submitted, DeHaven, Jr., Chairman Secretary • Fredrick County Planning Commission Page 1409 Minutes of November 3, 2004