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PC_12-02-98_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 2, 1998. PRESENT: Charles S. DeHaven, Jr., Chainnan/Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice- Chairman/Back Creek District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; Christopher M. Mohn, Planner 11; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 21, 1998 and November 4, 1998 Upon motion made by Mr. Thomas and seconded by Mr. Romine, the meeting minutes of October 21, 1998 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the meeting minutes of November 4, 1998 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of December 2, 1998 Page 275 -2- COMMITTEE REPORTS Sanitation Authority (SA) - 11/17/98 Mtg. Mrs. Copenhaver, Planning Commission's liaison to the SA, reported that the minutes from the November 17, 1998 meeting indicate that there was a great deal of discussion about the water storage tank, however, no final decision was made at the meeting. CITIZEN COMMENTS Mr. Robert Pownall ofthe Shawnee District stated that the description of the property location appearing in the adjoiner notifications and advertisements for Rezoning Application #019 -98 of Danford Ridge Properties, L.C., was in error because it states "...south of the intersection of Front Royal Pike (Rt. 522) and Papermill Road (Rt. 644)..." Mr. Pownall said that this would be the area by the cemetary; however, the area in question is located down where Route 644 is called Parkins Mill Road. He said that there is quite a difference in the two locations. • OLD BUSINESS Rezoning 9015 -98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 miles south ofthe intersection with Hopewell Road (Rt. 672), and is identified with P.I.N. 33- A -164D in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that the County Attorney has reviewed the revised proffer statement and believes that it is in proper form. Mr. Wyatt recalled for the Commission's information that the revised proffer includes a buffer with evergreen screening on the B3 -zoned area, which adjoins the Stonewall Elementary School site; the provision of a 100' distance buffer with a 6' high berm and evergreen screen along the B2 portion on the northern property boundary to protect the viewshed ofthe historic L.O. Dick house; the intent ofthe applicant to conduct an archeological survey of the site prior to development activities at the request of the HRAB; it includes an agreement to provide improvements as required by VDOT, which is in conformance with the Comprehensive Policy Plan; it provides an increase in the monetary contribution to offset the negative fiscal impacts for capital facilities; and it also limits the 20 -acre site to two commercial entrances along Route 11, which was a concern raised by the Commission at their • Frederick County Planning Commission Minutes of December 2, 1998 Page 276 -3- meeting on November 4, 1998. Mr. Wyatt stated that it was the staffs belief that the revised proffer statement addressed the majority of the impacts from the application and the only outstanding issues raised during the Commission's November 4th meeting regard the unknown type and intensity of uses in the B2 as well as the timing of the request, as no public sewer is available to the property. There were no citizen comments. Several Commissioners believed that the Commission arid Board needed to give strong consideration to not rezoning any future large tracts of land in this area until the sewer issue was resolved. Commission members stated that sewer in that area was a major concern and they believed it has not yet been addressed properly. Other Commission members noted that the developer of this particular tract will be restricted as to what can be done with the property until public water and sewer is available. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #015 -98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted by the applicant. is (Note: Mr. Marker was absent from the meeting.) Conditional Use Permit Application #008 -98 of Meade's Family Day Home, submitted by Ms. Winona M. Clark, for a day care facility. This property is located at 150 Twine Lane, and is identified with P.I.N. 26 -A -34A in the Gainesboro Magisterial District. (This item was tabled from the October 7, 1998 and November 4, 1998 meetings.) Action - Approved with Conditions Mr. Eric R. Lawrence, Zoning Administrator, stated that this item was tabled from the Commission's November 4, 1998 meeting in order to give the applicant the opportunity to address issues raised by the Fire Marshal. Specifically, those concerns were: 1) that the residence had no defined driveway and the closest road is approximately 150' from the dwelling, which would not allow adequate fire and rescue access; and, 2) the remains of a burnt -out dwelling exist on the property which presents a safety hazard for children and this should be secured or razed. Mr. Lawrence said that the Fire Marshal was present to address the issues. Mr. Dennis D. Linaburg, Fire Marshal, stated that the driveway has been installed, however, C � J Frederick County Planning Commission Minutes of December 2, 1998 Page 277 -4- the partially burnt -out dwelling still remains unsecured on the property. He stated that this situation presents • a safety hazard for children attending the day care center. Mr. Linaburg said that he spoke with the applicant again this afternoon and although she is agreeable to installing a fence around the building, it has not yet been accomplished. There were no citizen comments. Mr. Miller moved to approve the conditional use permit with the understanding that there will be no activity at the site until there is compliance with all review agency comments, including those of the Fire Marshal. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Application #008 -98 of Meade's Family Day Home, submitted by Ms. Winona M. Clark, for a day care facility, with the following conditions: 1) The applicant must satisfy the licensing requirements of the Virginia Department of Social Services. 2) All review agency comments must be complied with at all times. 3) Any expansion of the existing structure that is to be used for the proposed day care will require a new conditional use permit. 4) No day care activities will occur on the property until the applicant has fully complied with all of the review agency comments, including those of the Fire Marshal. • Request to Modify the South Frederick Agricultural and Forestal District, as submitted by Scot Marsh of Marsh and Legge. The modification will remove 35 acres from and add 67 acres to the South Frederick Agricultural and Forestal District. The district will continue to preserve approximately 14,500 acres of property within the Back Creek and Opequon Magisterial Districts. Action - Recommended Approval Mr, Eric R. Lawrence, Zoning Administrator, stated that the staff has had discussions with Mr. Gary McDonald concerning his request to modify his 200+ acre parcel of land that is currently included in the South Frederick Agricultural and Forestal District. He said that the modifications include a 35 -acre removal from the District and a 67 -acre addition. Mr. Lawrence explained that Mr. McDonald has recently purchased a 190 -acre tract of which he would like to include a 67 -acre portion into the District; and in exchange for putting that acreage in, he would like to remove a 35 -acre portion. Mr. Lawrence continued, stating that Mr. McDonald's goal is to help finance the 190 acres of prime agricultural property and in pursuit of that goal, he would like to subdivide the 35 acres removed from the District, which is not prime agricultural land, and sell it as five -acre residential building lots. Mr. Lawrence said that the Agricultural District Advisory Committee reviewed this request last month and based on Mr. McDonald's willingness to replace almost twice as many acres into the District, • Frederick County Planning Commission Minutes of December 2, 1998 Page 278 -5- in exchange for the 35 he wants to remove, the Advisory Committee believed that the request was appropriate. He said that the Advisory Committee was familiar with the land and agreed that the acreage to be taken out was not prime agricultural property. Mr. Lawrence said that the request will need final approval by the Board of Supervisors, however, it would be appropriate to have a recommendation from the Planning Commission. Members of the Commission asked if removal of acreage from the District at this point in time would be a violation of State Code. Mr. Lawrence replied that the State Code allows for special situations, when the Board of Supervisors votes that it is appropriate, and this is the route that is being pursued. Chairman DeHaven consulted with the Assistant Commonwealth Attorney, Mr. Jay Cook, and Mr. Cook agreed that this course was appropriate. Mr. Scot W. Marsh of Marsh & Legge Land Surveyors, P.L.C., representing Mr. Gary McDonald, replied to a question from the Commission concerning how far outside of the Urban Development Area this 35 acres was located. Mr. Marsh said that the property was a short distance west of Westemview Subdivision. Mr. Lawrence clarified that by saying that the property was located well south of the Urban Development Area, west of Middletown. Mr. Marsh said that the portion being removed has frontage on Chapel Road (Rt. 627). He added that the area being removed perks, but it has only been used for grazing cattle, not farming, because of the rock outcroppings. There were no public comments. The Commission believed that the request was appropriate and upon motion made by Mr. Ours and seconded by Mr. Romine, is BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Mr. Gary McDonald to modify the South Frederick Agricultural and Forestal District, as submitted by Scot Marsh of Marsh & Legge Land Surveyors, P.L.C. Conditional Use Permit #009 -98 of Norris and Kathleen Westover for a Cottage Occupation to operate a certified public accounting business. This property is located at 1721 Wardensville Grade and is identified with P.I.N. 50 -A -51 in the Back Creek Magisterial District. Action - Approval with Conditions Mr. Christopher M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn explained that the various review agency comments revealed no objections to the proposed use, however, the Health Department did include three site - specific conditions with their approval: 1) the occupancy of the house is limited to two full -time residents; 2) there shall be only one employee of the CPA business; 3) since the former country store is served by an unapproved sewage disposal system, no running water is to be allowed in the store —the CPA using the store as an office will be required to use the bathroom facilities in the house. Mr. Mohn stated that the property appears physically capable of supporting the operation of a single -employee CPA office without discernable impact on the surrounding property. • Frederick County Planning Commission Minutes of December 2, 1998 Page 279 Chairman DeHaven inquired of the Westovers if they were comfortable with the conditions •. recommended by the staff and the Health Department restrictions. Mr. and Mrs. Westover replied that they were comfortable with the arrangement. There were no public comments. Members of the Commission had no objections to this particular use because of the minimal traffic associated with it. A member of the Commission pointed out that the road leading to this property includes a "blind" hill that is quite dangerous. It was subsequently noted that the site would not be appropriate for any business involving significant traffic. No other issues of concern were raised and upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #009 -98 of Norris and Kathleen Westover for a Cottage Occupation/ Certified Public Accounting Office at 1721 Wardensville Grade (Rt. 608) with the following conditions: 1) All review agency comments and requirements must be complied with at all times. 2) Any expansion or significant change of use will require approval of a new conditional use permit. 3) Upon approval of this conditional use permit, previously approved Conditional Use Permit 4016 -96 will become invalid. ® 4) Signage installed for the approved use may not exceed four (4) square feet in area. Rezoning #018 -98 of Carriebrooke, submitted by G. W. Clifford & Associates, Inc., to rezone 72.7 acres from RA (Rural Areas) to RP (Residential Performance). This property is located along the eastern side of Tasker Road (Rt. 642), south of the intersection with Routes 37/I- 81/847 and 642, and is identified with P.I.N. 75 -A -89 in the Shawnee Magisterial District. Action - Tabled for 60 Days Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt described the potential impacts of the rezoning, which included increased traffic on Tasker Road; development impacts to two historic resources, Carysbrook House and Carysbrook Redoubt; and negative fiscal impacts to fire and rescue services, as well as parks and recreation. He stated that the applicant has proffered to develop a total of 250 residential units that would be single - family and multi - family uses; they have proffered to preserve the historic Carysbrook Redoubt; they have proffered to undertake improvements to Tasker Road and Carysbrook Drive as recommended by VDOT; and a monetary contribution has been proffered consistent with the capital facilities impact model scenario that account for the existing 20 acres of commercially zoned land. Mr. Wyatt said that the applicant has just recently submitted a revised • Frederick County Planning Commission Minutes of December 2, 1998 Page 280 -7- proffer which includes two additional items, the first is an additional monetary contribution to be paid to the ®. Stephens City Fire and Rescue Company, and the second is to restrict uses on the 20 -acre portion of the site currently zoned commercial. Mr. Wyatt said that it was the opinion of the County Attorney that the restrictions on the 20 -acre portion are not enforceable, since that portion is not a part of this rezoning application. Some discussion followed regarding the applicant's request of staff to apply the capital facilities impact model to this rezoning based on two scenarios —the first accounting for the residential development of 72.7418 acres and the second accounting for the residential development of this acreage plus the development of the 20 acres of the property already zoned for commercial use. The applicant had reasoned that there should be a credit given for the commercial use to offset the money the County would receive in taxes when that portion develops. Staff recalled no precedent of a similar situation in the County's conditional zoning history. Members of the Commission decided that as far as this rezoning was concerned, they would be considering just the 72 acres requested to be rezoned and not the remaining 20 acres of the parcel. Discussion next ensued between the Commissioners and staff about how the Winchester Area Transportation Study (WATS) will impact this site. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineers for this project, came forward to present the rezoning to the Commission. Mr. Gyurisin stated that this project implements the first phase of relocating Route 642 to Warrior Drive; they are proposing 72 acres of RP development, which will consist of 130 single - family homes with curb, gutter, and sidewalks, and 120 condominium, multi - family units. He said that the Carysbrooke house is not in a condition that can be preserved and the HRAB is in agreement. Mr. Gyurisin said that upon reviewing the proffer statement with the owner, they realized that the model did not project any dollar amount for the school system; therefore, a • revised proffer statement was presented that included an additional $562.00 to the amount previously proffered, bringing the total dollar amount to $1,000.00 per unit. Mr. Charles W. Maddox, Jr. also with G. W. Clifford & Associates, the design engineers for the project, came forward and discussed how Carriebrooke Drive will be developed to move commercial traffic through the residential development and he also spoke about other transportation issues. Chairman DeHaven called for public comment, but no one came forward to speak. Several concerns were expressed by the Planning Commission, which included the impacts of new residential development to the County's public school system and regional park system, as well as the inability of Tasker Road (Rt. 642) to manage the additional traffic that would be generated by 250 new residential units. Commission members questioned whether the applicant had adequately addressed the negative fiscal impacts for community facilities and services capital facilities costs, particularly for public schools. Commission members also felt that several of the road improvement projects identified in the WATS were necessary to accommodate increased traffic impacts in this area, particularly Route 37 -Phase I and Warrior Drive; however, it was recognized that these projects were outside of the control of this applicant. Commission members inquired if the developer had a phasing plan that would mitigate the speed of the development so that it would match transportation system development. The applicant replied that their revised proffer statement includes a phasing agreement; he said that the owner, Mr. Holliday, has agreed to phase the development so that the higher density development would be constructed initially; followed by 0 Frederick County Planning Commission Minutes of December 2, 1998 Page 281 -8- the single family development, which is the higher generator of traffic and school children, after the • construction of Route 37 is underway. While some members of the Commission believed that no development should occur prior to the road improvements identified in the WATS, other Commissioners believed that having Warrior Road pointed at the intersection with Route 37 and having development occurring was going to be the driving force that VDOT needed to act on the transportation system in this area. Mr. Light next moved to deny the rezoning. Mr. Light stated that the fact of this 72 acres is there are transportation problems that will not allow for the development of this property and the proffer does not mitigate the problems. This motion was seconded by Mr. Morris, but failed by the following vote: YES (TO DENY) Morris, Light, DeHaven, Ours, Miller NO: Copenhaver, Wilson, Romine, Thomas, Stone Chairman DeHaven pointed out that neither the County's Attorney, nor the Commission and the general public, has had an opportunity to review the revised proffer that was submitted this evening. Upon motion made by Mr. Thomas and seconded by Mr. Routine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Application #018 -98 of Carriebrooke to rezone 72.7418 acres from RA (Rural Areas) to RP (Residential Performance) for 60 days to allow the developer to reconsider his proffer and present a complete package for review. The vote on this tabling was as follows: • YES (TO TABLE FOR 60 DAYS) Miller, Stone, Ours, Thomas, Romine, Wilson, DeHaven, Copenhaver, Morris NO: Light Rezoning Application #019 -98 of Danford Ridge Properties, L.C., submitted by G. W. Clifford & Associates, Inc., to rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance). This property is located approximately 1,400' south of the intersection of Front Royal Pike (Rt. 522) and West Parkins Mill Road (Rt. 644), on the west side of Front Royal Pike (Rt. 522 So.), and is identified with P.I.N.s 76 -A -22 and 76 -A -23 in the Shawnee Magisterial District. Action - Tabled for 30 Days Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and the review agency comments. Mr. Wyatt stated that the applicant has proffered to develop a maximum of 250 single - family dwelling units, to provide necessary right -0f - -way and undertake improvements for Front Royal Pike and for the internal road systems as required by VDOT, to provide an environmental easement that will maintain existing steep slope and woodland areas for the purpose of protecting the Frederick Hall viewshed, and to provide a monetary contribution to offset the negative fiscal impacts for Public Schools, Parks and Recreation, and Fire and Rescue services. r1 Frederick County Planning Commission Minutes of December 2, 1998 Page 282 Mr. Wyatt said that the proffer statement mitigates the majority of the impacts, however, the • one issue that still remains is that the general development plan does not include a proposal to continue Warrior Drive from the Wakeland Manor property to the south. He stated that the plan depicts the location of Warrior Drive west of the Danford Ridge track through the Artrip property. He said that this location appears to be superior from a technical engineering design review, as it keeps Warrior Drive out of the stream beds and steep slope areas; unfortunately, the location proposed by the applicant will not allow for a connection with the segment of Warrior Drive through Wakeland Manor unless the approved master development plan (MDP) is revised for that development. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, Inc., the design engineers representing the owner, presented the rezoning proposal to the Commission. Mr. Maddox said that this development is an implementing phase of the overall Eastern Road Plan in this urban development area. He also spoke specifically about the Warrior Drive road situation, whereby the approved Wakeland Manor MDP shows Warrior Drive at a different location than what is shown on the Comprehensive Plan. In the interest of working together towards a common goal, Mr. Maddox read the following statement by the owner: "The owner is willing to agree that the generalized MDP will be modified to provide for an alternative location of Warrior Drive should the transportation component of the Frederick County Comprehensive Plan be revised to align Warrior Drive from its presently planned location. The owner agrees to consult with adjoining property owners involved with the Warrior Drive location... in attempt to reach agreement revisions necessary to implement the Frederick County Comprehensive Plan. Prior to submission of MDP for the Danford Ridge Properties, L.C., the location of Warrior Drive will be resolved between property owners that adjoin Danford Ridge Properties." Members of the Commission commented that Route 522 will initially be the primary means of access in and out of the development and once Parkins Mill becomes available, there will be at least two • other ways in and out. Chairman DeHaven called for public comments and the following persons came forward to speak Ms. Connie Graham, adjoining property owner, had concerns about the affects of this development on her and her neighbors' quality of life, on the wildlife in the area, the traffic, and the schools. Mr. Robert Pownall, from Shawnee District, wanted the access to go to Warrior Drive, rather than on Route 522. He commented about the poor visibility on that section of Route 522 and that numerous accidents occur there. Mr. Pownall also requested that the trees be preserved along the viewshed of Route 522. Mr. Maddox replied that their plans are to protect the trees around the periphery and the areas along the creeks, and to also protect the historic site to the north. Planning Commission members did not have any outstanding areas of concern with this rezoning. Members of the Commission stated that there were no "unknowns" about what was planned and that it was fairly defined as far as what was going to happen.They did feel that the rezoning needed to be tabled to allow for adequate public review of the revised proffer statement and to correct the legal advertisement for this application, which was in error. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, 11 Frederick County Planning Commission Minutes of December 2, 1998 Page 283 -10- BE IT RESOLVED, That the Frederick County Planning Commission does hereby table for 30 days Rezoning Application #019 -98 of Danford Ridge Properties, L.C., submitted by G. W. Clifford & Associates, Inc., to rezone 103.74 acres from RA (Rural Areas) to RP (Residential Performance) in order to allow for public review of the revised proffer statement and to correct the legal advertisement for this application, which was published incorrectly. Master Development Plan #005 -98 of Dawson Industrial Park, submitted by G. W. Clifford & Associates, Inc., to develop a 26.4493 -acre site for light industrial and office use. This property is located at the northeast quadrant of the intersection of Shady Elm Road (Rt. 651) and Route 37, and is identified with P.I.N. 63 -A -59A in the Back Creek District. Action - Recommended Approval with Stipulation Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the only issue of concern for staff is that the WATS calls for the widening of Shady Elm Road (Route 65 1) and he pointed out on a map where an interchange would eventually be needed. Mr. Wyatt explained that the Coca -Cola Company designated right -of -way in this area as part of their rezoning; and, in keeping with that, right -0f - -way will need to be provided for this site also. He explained that the applicant has indicated that right -of -way will be available and it has been designated on the site plan; however, the master development plan will need to clearly identify the location and the acreage and show it as a dedicated issue. ® Mr. Ronald Mislowsky with G. W. Clifford & Associates, Inc., the design engineers for the project, said that VDOT has already approved the site plan and subdivision that creates the American Woodmark site; they intend to dedicate the 60' right -of -way and will amend the master development plan to indicate such; and, the Sanitation Authority has approved their plans for the extension of water and sewer to the site. There were no public comments. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of MDP 4005 -98 of Dawson Industrial Park with the stipulation that the right -of -way on Shady Elm Road be provided. Master Development Plan #006 -98 of Willow Branch, submitted by G. W. Clifford & Associates, Inc., to develop 51 single family detached residential units. This property is located on the west side of 11 Frederick County Planning Commission Minutes of December 2, 1998 Page 284 I1- Merriman's Lane (Rt. 621) at the Winchester & Western Railroad crossing and east of Route 37, • approximately 1,100' south of Breckenridge Lane, and is identified with P.I.N. 53 -A -88 in the Back Creek Magisterial District. Action - Recommended Approval with Stipulation Mr. Evan A. Wyatt, Deputy Planning Director, discussed four issues of concern raised by the staff, which included lot access, a road efficiency buffer, a flood plain area within the platted lots, and stormwater management. Regarding the lot access, Mr. Wyatt stated that the development design allows for individual lot access on Merriman's Lane, which is not identified as an arterial or major collector road. He said that it would be more desirable to have all lots access this development via Remington Drive or O'Keefe Lane as the 45 mph speed limit and geometries of Merriman's Lane are not suited for typical higher -density residential lot access. Mr. Wyatt explained that a road efficiency buffer is required within residential properties which adjoin arterial or major collector roads; therefore, the master development plan will need to indicate a road efficiency buffer along Route 37 which includes a location, distance, and typical section for this improvement. Mr. Wyatt continued, stating that the applicant has proposed to incorporate areas of floodplain within building lots on the north side of O'Keefe Lane. He said that a consumer notification statement needs to be provided at the platting stage for these lots which clearly depicts the flood plain area and states that no building activity is permitted to occur within that portion of the building lot. In addition, Mr. Wyatt pointed out that the County Engineer has stated that stormwater management will be required on this site and the location of this feature will need to be provided to ensure that there is not a conflict with the proposed lot limits location. Members of the Commission inquired if there was anything in the WATS plan for Merrimans Lane north of this development going out to Route 50. Mr. Wyatt replied that the only item shown in WATS • for this area is the extension of Jubal Early Drive with a new interchange at Route 37. Commission members asked if the City had any comments about the possible impact from Merrimans Lane north. Mr. Wyatt said that the City did not have any continents on the master plan, however, they did comment on the rezoning. Mr. Ron Mislowsky, of G. W. Clifford & Associaties, Inc., the design engineers for the project, said that they have no problems adding the road efficiency buffer and other details requested by the staff. Mr. Mislowsky stated that they are currently re- mapping the floodplain through this area so there is an accurate depiction of where the 100 -year flood is; and, they will certainly add the consumer notification statement to the master development plan. Concerning the stormwater management, Mr. Mislowsky said that they have met with the County Engineer and will soon be meeting with VDOT to make some improvements where Abrams Creek goes under Merrimans Lane. Mr. Mislowsky concluded his presentation by saying that they are providing 12' road widening, curb & gutter, and sidewalk all along Merrimans lane. Mr. Charles W. Maddox, Jr., also with G. W. Clifford & Associates, Inc., addressed the lot access issue. He stated that rather than back houses up against Merrimans Lane, they have tried to stay in keeping with the design of the existing lots. Mr. Maddox noted that the City has voted to fund and work with VDOT towards the Jubal Early Drive project. He said that the preferred plan by Merrimans Lane residents, and from both the City and VDOT, is to cul-de -sac Merrimans Lane. He added that the access to Jubal Early Drive will be via Handley Avenue and Meadowbranch Avenue. There were no citizen comments. u Frederick County Planning Commission Minutes of December 2, 1998 Page 285 -12- No other areas of concern were raised by the Planning Commission. • Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #006 -98 of Willow Branch, submitted by G. W. Clifford & Associates, Inc. to develop 51 single- family detached residential units with the stipulation that all review agency comments are complied with. Review of Site Plan 9067 -98 - Opequon Water Reclamation Facility Mr. Michael Ruddy, Planner II, presented a site plan for the Planning Commission's information for an upgrade to the Opequon Water Reclamation Facility. Mr. Ruddy said that the overall cost of the public project is approximately 9.8 million dollars and the site plan indicates a significant increase in the capacity of the plant, from 6 1/4 million gallons per day to 8 1/4 million gallons per day. Cancellation of the Commission's December 16, 1998 Meeting Mr. Kris Tierney, Planning Director, stated that there are no pending applications or items of discussion for the Commission's December 16, 1998 meeting. Upon motion made by Mr. Miller and seconded by Mr. Ours, the Planning Commission unanimously voted to cancel their second meeting in December. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by Respectfully submitted, Kris C. Tie2ney,'Se�(eit az,� f Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of December 2, 1998 Page 286