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PC_11-20-02_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 20, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman /Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; William C. Rosenberry, Shawnee District; and Robert Sager, Board of Supervisors' Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 11/11/02 Mtg. Commissioner Light reported that the CPPS again discussed the Northeast Land Use Plan, focusing on several ofthe boundaries in the vicinity of the Shockey property, and entertained a HUD proposal for the Shockey properties. Commissioner Light said that after considerable discussion, the members were tasked with submitting their own individual ideas for the area. • Frederick County Planning Commission Minutes of November 20, 2002 Page 964 -2- • Historic Resources Advisory Board (HRAB) - 11/19/02 Mtg. Commissioner Gochenour reported that the HRAB heard a presentation from Charles W. Maddox, Jr. of G.W. Clifford& Associates, Inc. regarding two tracts of land. Commissioner Gochenour said she expressed the desire to see a map developed by the Shenandoah Valley Battlefields Foundation, which is anticipated for public release onDecember9. She believed everyone was anxiously awaitingthe release of this map because the County's Comprehensive Plan is very clear concerning preservation of historic sites. Winchester Planning Commission (WPC) - 11/19/02 Mtg. Mr. Vincent DiBenedetto, Winchester City Liaison, reported that the WPC held a public hearing on a subdivision for 17 new homes and a number of issues were raised; he said that action on the subdivision was tabled. Mr. DiBenedetto said that the WPC has begun to study several text amendments regarding definitions and by -right uses. PUBLIC HEARING Conditional Use Permit 414-02 of Barbara and Casey Ray for a Day Care Facility to be located at 1501 Jordan Springs Road. This property identified with P.I.N. 56- 3 -2 -10 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Commissioner Ours and Commissioner Fisher said they would abstain from all discussion and voting on this application. Planner Rebecca Ragsdale reported thatday carefaci lilies are permitted in the RP (Residential Performance) District with an approved Conditional Use Permit. She said a day care facility is defined by the zoning ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part ofthe 24 -hour day. Planner Ragsdale said the proposed day care facility would be conducted within the principal structure on the two -acre property. She noted that the applicant does not propose to have employees and would care for no more than 12 children. Thcre were no disapproving agency review comments. Mrs. Barbara Ellen Ray, the owner and applicant, was in the process of obtaining a license with the Commonwealth of Virginia Department of Social Services as a Family Day Home. Mrs. Ray explained that State licensing requirements allow her to care for a maximum of eight children, ages three to four, or a maximum of 12 older children without additional employees. She did not plan on having additional employees, but wanted her conditional use permit to allow for the maximum number of children permitted under the State licensing requirements. F 1 U Frederick County Planning Commission Minutes of November 20, 2002 Page 965 -3- Chairman DeHaven called for public comments and the following person came forward to ® speak: Mrs. Ethel Anderson, resident at 1482 Jordan Springs Road, was opposed to the conditional use permit because of the possible negative impact this business might have on the neighboring residential property values. The Planning Commission had no outstanding issues with this request. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, Thatthe Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #14-02 of Barbara and Casey Ray for a Day Care Facility at 1501 Jordan Springs Road with the following conditions: 1. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 2. The numberof non - resident children allowed at this day care facility shall total no more than twelve (12). 3. Any proposed business sign shall conform to Cottage Occupation sign requirements and should not exceed four (4) square feet in size. 4. All review agency comments shall be complied with at all times. 0 5. Any expansion or change of use will require a new Conditional Use Permit (CUP). (Please Note: Commissioners Fisher and Ours abstained; Commissioners Kriz, Rosenberry, and Unger were absent from the meeting.) Rezoning 908 -02 of Bowman/ Shoemaker (tabled at the 09/04/02 meeting) submitted by Greenway Engineering to rezone 10.09 acres from RA (Rural Areas) to 132 (Business General) District. This property is located south on Fairfax Pike (Rt.277), approximately 800' east of the intersection of Rt. 277 and Double Church Road (Rt. 641), and is identified with P.I.N. 86 -A -81 in the Opequon Magisterial District. Action - Tabled Until 12/18/02 Planner Jeremy F. Camp stated that ifrezoned, the property would be developed in two phases; Phase I would include the utilization ofthe existing dwellingfor an office building and Phase II would include the development of add itional offices and/or commercial uses. Planner Camp stated that on September 4, 2002, the Planning Commission tabled the rezoning for 60 days in order to give the applicant the opportunity to 11 Frederick County Planning Commission Minutes of November 20, 2002 Page 966 4- address the transportation concerns identified by the Planning Commission. In particular, the Planning Commission was concerned about the potential impacts of Phase 11, if it were to be developed prior to the future road improvements of Fairfax Pike (Rt. 277). Planner Camp reported that a revised application, impact analysis statement, and proffer statement were submitted on October 25, 2002 by the applicant; he proceeded to summarize each of the documents for the Commission. One significant item was that Phase II was now proposed for office or commercial uses; the original application proposed only office uses. Planner Camp calculated a 40% increase in traffic to Fairfax Pike with this change. In addition, Planner Camp noted that a list of restricted land uses were included in the revised proffer statement. He pointed out that the revised proffer indicates that detailed traffic studies will be conducted for each site plan proposed for Phase II and any improvements necessary to maintain a Level of Service C or better will be implemented by the applicant. As with previous reviews, Mr. Camp again raised the staffs concern regarding the appropriateness of the rezoning, due to the fact that the property is not located within the Urban Development Area (UDA) or the Sewer and Water Service Area (SWSA). Mr. Evan A. Wyatt with Greenway Engineering came forward to represent the applicant, Beverly B. Shoemaker, in this rezoning. Mr. Wyatt argued thatthere was not necessarily a County requirement or policy stipulating that properties be within the UDA or the SWSA to qualify for rezoning approval. He pointed outthatthe application did include a revised proffer that precluded development in Phase II until the property is entitled to have public sewer and water service. Mr. Wyatt continued, stating that the proffers have been revised to address the Commission's transportationconcerns. Specifically, he explained that the revised proffer stated that a detailed traffic study would be conducted for each site plan of Phase II and, furthermore, the developer would pay for all road improvements required by VDOT. Mr. Wyatt also pointed out the potential to enter into a signalization agreement with VDOT and the provisions for establishing a collector road providing a linkage from Rt. 641 into the site. Despite the revisions, Commissioners continued to have concerns regarding the impacts of Phase 11 traffic on Fairfax Pike (Rt. 277), especially at peak traffic periods when trips generated by the high school, the proposed office building, and shopping centers would simultaneously converge on the roadway. It was noted thatthe transportation impacts ofthe proposed Phase 11 development may be difficultto mitigate until Fairfax Pike was improved to accommodate the projected traffic volume. It was acknowledged that the scope of improvements necessary to enable the additional trips may ultimately involve the expansion of Fairfax Pike to a four -lane roadway extending from the 1 -81 interchange all the way to Double Tollgate. Due to these outstanding concerns, the Commission did not believe they could forward a recommendation ofapproval to the Board of Supervisors until the issue of Phase II traffic impacts was satisfactorily resolved. Some discussion ensued on the possibility of establishing a maximum number of vehicle trips per phase. Mr. Wyatt offered to revise the proffer statement by eliminating B7 in its entirety and specifying that Phase 11 will be done in two steps: maximum of250 trips for the first step and the second step conditioned on the Rt. 277 improvements. Chairman DeHaven called for public comments, but no one came forward to speak. Commissioner Thomas made a motion, which was seconded by Commissioner Ours, to recommend approval ofthe rezoning with the revised proffer statement and conditions offered by the appl icant. • Frederick County Planning Commission Minutes of November 20, 2002 Page 967 -5- Mr. Jerry Copp, V DOT's resident engineer, expressed concern that the established traffic • impact analysis process would be undermined by agreements between the County and the applicant that artificially establish the maximum vehicle trips permitted for a given development, regardless oftheir location on the road and the ultimate impact of the proposal on the system as a whole. This approach was identified as possibly piecemeal in nature and, therefore, contrary to identifying the managing impacts comprehensively. Mr. Copp advised that deviation from the traffic impact analysis process in this case would be especially risky given the general agreement that Fairfax Pike had already reached its saturation point as it could result in the introduction of "fatal flaws" into the transportation system. Chairman DeHaven called fora vote on the motion, however, it was defeated by the fol lowing vote: YES (REC. APPROVAL) Thomas, Ours, DeFlaven, Morris NO: Triplett, Fisher, Light, Watt, Gochenour, Straub (Please Note: Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) Mr. Wyatt returned to the podium and offered to produce written revisions to the transportation component of his proffers addressing the stated concerns of VDOT and the Commissioners so that a negative recommendation from the Commission could be avoided. On the applicant's behalf, Mr. Wyatt agreed to waive the statutory time requirements for action on the application to enable its tabling so that sufficient time would be available for preparation and submission ofthe revised proffer language. Mr. Wyatt offered a revision that would state the following: 1) Phase 11, Step A, will not exceed 250 tpd; 2) Phase 11, Step B, will not be developed until Fairfax Pike (Rt. 277) is improved; and 3) a traffic study will be conducted for each site plan of Phase 11 to ensure that acceptable levels of service will be maintained. Planning Commissioners and VDOT's resident engineer believed these revisions represented an appropriate resolution of identified concerns and, therefore, the Commission unanimously agreed to the tabling of the rezoning until the Commission's second meeting in December. Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby accept the applicant's requestto waive the statutory time requirements for action on the rezoning and does hereby unanimously agree totable Rezoning Application #08- 02ofBowman/ Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General), until December 18, 2002, in order for the applicant to have sufficient time for preparation and submission of the revised proffer language. Rezoning Application 410 -02 ofThe Village at Harvest Ridge (tabled atthe 09 /18/02 meeting), submitted by G. W. Clifford &: Associates, Inc. to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located south and adjacent to Route 622 (Cedar Creek Grade) bordering the City/ County line, and is identified with P.I.N. 63-A-2. An adjoining 9.82 -acre tract, zoned 11 Frederick County Planning Commission Minutes of November 20, 2002 Page 968 6- RP and identified with P.I.N. 63 -A -3, is submitted for proffer amendments to the residential density. The combined tracts, totaling 26.74 acres, are located within the Shawnee Magisterial District. Action - Recommended Approval with Stipulations Commissioner Ours stated that he would abstain from all discussion and voting on this application due to a possible conflict of interest. Senior Planner Abbe S. Kennedy gave the background information and summarized previous meeting discussions concerning this rezoning. Planner Kennedy stated that the revised application appropriately met county requirements and the final plat includes the necessary revisions to address issues raised by the Planning Commission and citizens from the September 18, 2002 public hearing. She added that one concern of the staff remains involving potential impacts to surrounding residential land uses and the staff is recommending that a residential separation buffer or landscape screen be formally specified in terms of distance and plant materials as part ofthe rezoning request. She said that staff is advising that the buffers be implemented on the east, south, and west of the project, as the small -lot housing will adjoin single - family detached homes in the City of Winchester and existing single - family homes in the RA District. Planner Kennedy continued, requesti ng that the Comm i ss ion forward a recom mendation to the Board regarding the following: 1) the provision of a state road connection to Cedar Creek Grade near the Homespun property be eliminated as a condition ofthe original Urban Development Area (UDA) expansion: and 2) the inclusion of the Homespun property (P.I.N. 63 -A -2H) within the UDA. Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc., representing Graystone, an L.L.C. owned by Mr. Ritchie Wilkins and Mr. James Vickers, came forward to answer questions from the Commission. Mr. Maddox presented a generalized development plan to the Commission. The Commissioners believed that an issue raised by the City of Winchester, concerning setbacks for proposed homes against the adjacent existing conventional development within the City was a legitimateconcern. Specifically, the concern was thatan adjacent, existing homeowner within the City, would expect a 25' -35' rear yard for any new homes backing up to their side yard. Mr. Maddox stated that those expectations will be met. The Commissioners also discussed with the applicant the design revisions involving the provision of evergreen screening, the preservation of existing vegetation, and buffers. Mr. Maddox stated that the screening between the proposed development and the City of W inchester wi II meet the County's internal landscape screen requirements and, in add ition, the perimeter of the proposed developmentwiI I meet Frederick County's ordinance requirements for a full or landscape screen. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Tony Govello, an adjacent property owner with in the City of Winchester, at 915 Westview Lane, was pleased with the increased buffer and the elimination ofthe direct access to Cedar Creek Grade. Mr. George Cather, an adjacent property owner, was concerned about whether or not the existing fence would remain in order for the property line to be well- marked. n U Frederick County Planning Commission Minutes of November 20, 2002 Page 969 -7- Mr. R. J. Turner of Turner, L.L.C., the owner of the Homespun property, stated that he and the developers have worked out a mutually satisfying agreement on the Homespun's access. Mr. Turner believed the result would be beneficial to the County because it was one of the entrance areas into the City of Winchester. 'The Planning Commission believed the revisions presented addressed the issues previously raised by the Commission and citizens. No other areas of concern were raised. Upon motion made by Commissioner Triplett and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the revised Rezoning Application # 10 -02 of The Village at Harvest Ridge, submitted by G. W. Clifford & Associates, Inc. to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District and to amend the residential density proffers on the adjoining 9.82 -acre tract, zoned RP, with the following stipulations: 1) the provision of a state road connection to Cedar Creek Grade, near the Homespun property, is to be eliminated as a condition of the original UDA expansion; and, 2) the inclusion of the Homespun property (P.LN. 63-A-2110 in the UDA. (Please note: Commissioner Ours abstained from voting; Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) Req uest to Expand the Urban Development Area ( UDA), submitted by Christopher Consultants, LTD, to incorporate approximately 26 acres of a 132 -acre parcel known as the "Racey Tract." This tract is identified with Property Identification Number 85 -A -140, zoned RA (Rural Areas) District, and is located southwest of the Woodside Estates subdivision in the Opequon Magisterial District. Approximately 106 acres of the tract are presently located within the UDA. Action - Recommended Approval Planning Director Eric R. Lawrence stated that the Commission has previously seen this request as a discussion item and it is now before the Commission as a public hearing. Director Lawrence stated that the staff has received the request from Christopher Consultants, LTD to incorporate approximately 26 acres of the 132 -acre "Racey" tract within the Urban Development Area (UDA); approximately 106 acres of the tract are presently located within the UDA. Director Lawrence said the Comprehensive Plans and Programs Subcommittee (CPPS) believed that having the entire property within the UDA made sense from a comprehensive piano ing prospective, even though there were concerns about the adjoining agricultural district, located immediately south and east of the property. He said that during discussion by the Planning Commission, it was believed that ifand when a rezoning request was ever presented, the applicant would be expected to address and resolve the transportation and buffering concerns against the Agricultural District. He pointed out that although the property is currently landlocked, some easements and local streets could be utilized. Mr. Louis Canonico, P.E. representative forthe app] icant, SCP, Inc • , Vice President with Christopher Consultants, came forward as the Mr. Canonico explained that since the initial discussions about this i Frederick County Planning Commission Minutes of November 20, 2002 Page 970 En property, basically all of the active development area has been moved away from the agricultural district • boundaries a minimum of 150' and wider in certain areas. He said that approximately 14 acres, about half of the area moved into the UDA, would remain as a permanent open space buffer adjoining the Agricultural District boundary. In addition, he said the applicant will berm and landscape the boundary in accordance with some of the recommendations in Mr. Stetzel's proposal. In addition, Mr. Canonico stated that they understand the Commission's and the Board's concerns regarding transportation. He said that SCP, Inc. has retained a traffic consultant who has been working on a detailed traffic study analyzing existing conditions, as well as the potential impacts, from the Racey tract; he said they've had several meetings with VDOT. Mr. Canonico said he completely understood that the transportation and traffic situation will have to be dealt with as a part of a rezoning application. He pointed out that the focus of the request tonight, however. was on adjusting the UDA boundary, which needs to be approved before they could move forward. Chairman DeHaven inquired if the 150' distance from the agricultural boundary was measured from the edgeoftheright -of -way orthecenterofthe pavement. Mr. Canonico replied thattheI50 'minimum would be from theexisting property line, which would bethe UDA boundary, and the 80'right -of way would be totally within that 150'. Commissioner Thomas did not doubt that residential use was appropriate for this property; he was pleased with the buffer along the adjacent agricultural property, noting it was far above what is normally required. Commissioner Thomas advised Mr. Canonico, however, that inclusion of this property within the UDA did not guarantee its rezoning. Commissioner Thomas said the proposal is for the majority of traffic to come out on Town Run Lane, which empties into one of the five worst intersections in Frederick County on Rt. 277. He cautioned the applicant to come up with a different transportation plan; he was emphatic that this was not where the traffic should go. Mr. Canonico conceded they have received this message in all ofthei r meetings with County officials and neighboring citizens. He maintained that this option continues to be examined through traffic consulting work and consultations with VDOT. Mr. Canonico reaffirmed they understood the problems of trying to conic out in thatdirection and were continuing to explore other options; he hoped to have the rezoning application mitigate the impacts and potentially improve the situation. Commissioner Ours advised Mr. Canonico to inform prospective buyers of their proximity to the adjacent working farms in the Agricultural District. Mr. Canonico believed they would be able to craft the language necessary to put prospective purchasers on notice. Commissioner Ours agreed with Mr. Thomas on the transportation issues and believed the transportation plan should encompass everything down to and including Double Church. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Richard Racey, resident of Redbud District and the property owner's nephew, spoke in favor ofthe development ofthe Racey property. He believed the developer had worked very closely with the County, that the proposal presented would be good for the County, and he believed the traffic issues could be worked out. Mr. Racey asked the Commission to move forward with this proposal so things could be • Frederick County Planning Commission Minutes of November 20, 2002 - Page 971 -9- accomplished for his family and the County. Mr. Gary Stonton, property ownerto the south, stated thata very large buffer is needed where residential subdivisions and the agricultural community adjoin; he believed a 300' buffer was necessary, not just 150' -200'. Mr. Stonton pointed out problems with litter and people trespassing on farmers' property by walking their dogs, running four - wheelers, etc. Commission members agreed thatthe UDA should be based on property line boundaries and not on drainage or other boundaries. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request to expand the Urban Development Area (UDA), submitted by Christopher Consultants, LTD, to incorporate approximately 26 acres ofal32 -acre parcel known as the "Racey Tract." This tract is identified with Property Identification Number 85 -A -140, zoned RA (Rural Areas) District, and is located southwest of the Woodside Estates subdivision in the Opequon Magisterial District. Approximately 106 acres of the tract are presently located within the UDA. The vote was as follows: YES (REC. APPROVAL TO INCORPORATE IN UDA) Triplett, Fisher, Ours, Thomas, Light, Morris, Watt, DeHaven NO: Gochenour, Staub (Note: Commissioners Rosenberry, Unger, and Kriz were absent from the meeting.) PUBLIC MEETING Request of Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc., for a waiver to the Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144- 24(C), which would enable access to proposed commercial lots via private easement, in lieu of direct access from a public roadway. The site is located southeast of the intersection of North Frederick Pike (Rt. 522 North) and Route 37, and to thewest of Fox Drive,(Rt. 739). The property is identified with P.I.N. 42-A-195 in the Stonewall Magisterial District. Action - Recommended Approval Deputy Planning Director Christopher M. Mohn stated that Mr. Charles E. Maddox, Jr., P.E. ofG. W. Clifford & Associates, Inc., representing KRA Food Services, L.L.C., owner of approximately 5.649 acres, zoned B2, has submitted a request fora waiver ofthe public road access requirements for the proposed Foxe Towne Plaza subdivision. Deputy Director Mohn said the proposal involves the creation of four commercial lots from a5 .649 -acre parcel. He said that in this case, the applicant has proposed that the internal • Frederick County Planning Commission Minutes of November 20, 2002 Page 972 IE Tots ofthe subdivision be accessed by private easement; the approved MDP for Foxe Towne Plaza depicts the development of four individual commercial uses on a single parcel. Deputy Director Mohn noted thatthe provision of public access to this site was a concern of the Board of Supervisors during their consideration of the MDP; the result of this concern was the required improvementof Foxridge Lane to V DOT standards from its intersection with Fox Drive to the entrance ofthe commercial center. He said that the proposed subd ivision represents a departure from the parcel configuration presented on the approved MDP and, therefore, involves an alternative circulation plan that includes direct public road access for each proposed lot. He explained that if granted, the requested waiver will result in a circulation system that relies exclusively on independently owned and maintained parking and travel areasfor access to the internal lots. He advised that traffic generated by the internal uses will be reI uired to cross adjoining lots and possibly contribute to an unsafe, inefficient circulation pattern. Deputy Director Mohn continued, stating that it is possibleto serve each ofthe proposed lots by a public roadway as required by the subdivision ordinance and he pointed out that a cul -de -sac built to VDOT standards could be extended into the proposed development from Foxridge Lane, resulting in direct public access to the internal commercial uses. Mr. Charles E. Maddox, Jr., P.E. with G. W. Clifford & Associates, Inc. came forward to represent the request. Mr. Maddox said that during the initial implementation of their project, it was anticipated that all of the parcels would be on "lease- hold" interest; however, as the process progressed, the possible future need to partition off these parcels and sell them as "fee- simple" parcels was realized. He said that th is change of development has brought him before the Commission today; he stated that nothing has been proposed that would change the approved MDP. Mr. Maddox said their request is simply for a waiver of the subdivision ordinance requirement that requires all lots to have a useable access point to a state - maintained road. He added that they are proposing a property owners association to manage the system of right -of -ways through the project that will be owned and maintained by the commercial interests. Mr. Maddox continued, presenting his proposal for a circular traffic motion throughout the project, which he believed was superior to a single point ofaccess, such as a cul -de -sac. He reasoned that a cul -de -sac could not adequately handle commercial traffic with multiple access points. In his opinion, moving traffic tangentially through a cul -de -sac, while circular motions are possible, leads to confusion and does not function as an effective commercial connector. Mr. Jerry Copp, V DOT's resident engineer, stated that if the County Board of Supervisors requested that V DOTtake in the section of Foxridge Lane extending from Fox Drive, V DOT would grant the request only because the private residences along Fox Lane would qualify that streetto come into the system. His primary concern was for adequate radius of the turn - around at the point between the residential and commercial area. Chairman DeHaven stated that before he would cast a favorable recommendation on this waiver request, he would want to see a turn - around that was acceptable to VDOT. Chairman DeHaven asked Mr. Maddox if he believed he could provide an acceptable turn - around without destroying the existing vegetative screening that is so important to the residents of Fox Ridge. Mr. Maddox felt confident he could turn traffic around inside the project by granting an easement to the State, which he has accomplished with other projects. • Frederick County Planning Commission Minutes of November 20- 2002 Page 973 Chairman DeHaven called for public comments and the following persons came forward to • speak: Mr. Erin Howard, a resident of Fox Ridge, did not believe there was enough room to accomplish thetum- around Mr. Maddox described. Mr. Howard was also concerned aboutcommercialtraffic, blowing trash and debris, noise, and trespassing because of the proximity of his driveway. Mr. Ted Kiracoff, a resident at 103 Fox Court, stated that the Planning Commission recommended approval of the MDP to the Board of Supervisors with the deletion of the entrance road onto Foxridge Lane, which was agreeable to the residents in Fox Ridge. He pointed out that sometime between the Commission and Board meetings, that decision was changed. Mr. Kiracoff was concerned about the commercial traffic the residents would be exposed to, the possibility that a proposed cul -de -sac may interfere with a stormwater detention pond near his property, and who would be responsible for any liability. Members of the Commission preferred to have the emergency access through the Kentucky Fried Chicken site, which was their previous recommendation during their review and approval of the subdivision stage of this development. However, in light of how this proposal has progressed to this point in time, they believed the use of Foxridge Lane for access to the proposed commercial development should be minimized to the extent possible. It was generally agreed that utilization of privately - maintained circulation system to access internal lots was more desirable than the extension of a public road into the subdivision. Upon motion by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the requestof Foxe Towne Plaza, submitted byG. W. Clifford & Associates, Inc., for a waiver tothe Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144- 24(C), which would enable access to proposed commercial lots via private easement, in lieu of direct access from a public roadway, with the condition that the applicant incorporate the turn - around radius desired by VDOT with the design ofthe public section of Foxridge Lane. The vote was as follows: YES (REC. APPROVAL) Triplett, Ours, Thomas, Light, Morris, Watt, DeHaven, Fisher, Straub NO: Gochenour (Please Note: Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) i Frederick County Planning Commission Minutes of November 20, 2002 Page 974 _12_ • OTHER FREEDOM OF INFORMATION ACT MEETING Planning Director Eric R. Lawrence announced an upcoming meeting regarding the Freedom of Information Act on Monday, December 2, 2002. PLANNING COMMISSION RETREAT Planning Director Eric R. Lawrence announced thatthe 2003 Planning Commission Retreat is scheduled for February 8, 2003. Director Lawrence requested that Coin inissioners please forward any suggestions for presentation ideas for the retreat to the staff. TELEVISED PLANNING COMMISSION MEETINGS Planning Director Eric R. Lawrence announced that beginning on December 4, 2002, the meetings of the Frederick County Planning Commission will be televised. C J ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:15 p.m. by a unanimous vote. • Frederick County Planning Commission Minutes of November 20, 2002 Page 975 c1 - Charles S. DeHaven, Jr., Chairma