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PC_12-07-11_Meeting_MinutesMEETING MINUTES 0 OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick Comity Administration Building at 107 North Kent Street in Winchester, Virginia on December 7, 2011. PRESENT: June M. Wilmot, Chairman /Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District; and Kevin McKannan, City of Winchester Planning Commission Liaison. ABSENT: Brian Madagan, Opequon District; Philip E. Lemieux, Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. 0 CALL TO ORDER & ADOPTION OF AGENDA 11 Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the December 7, 2011, Planning Commission agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of October 19, 2011 were unanimously approved as presented. Historic Rescources Advisory Board (HRAB) — 11/15/11 Mtg. Commissioner Oates reported the HRAB discussed meeting procedures and minutes. Commissioner Oates reported that the HRAB also reviewed an AT &T Commercial Telecommunications Frederick County Planning Commission Page Minutes of December 7, 2011 -2- Facility Conditional Use Permit for 3392 Back Mountain Road. He said the HRAB voted to approve the • conditional use permit with the condition the applicant work with the planning staff on the tree -save area. Conservation Easement Authority (CEA) — 11/17/11 Mtg. Commissioner Triplett reported that the CEA discussed fund - raising efforts. Commissioner Triplett noted there is a website at www.GIFT.ore where interested citizens can donate $1.00 for Frederick's Tomorrow. Comprehensive Plans & Programs Committee (CPPC) — 11 /14/11 Mtg. Commissioner Kriz reported that CPPC discussed the 2012 -2013 Capital Improvements Plan and the Tasker Road Comprehensive Policy Plan Amendment, CPPA #01-11, Parcel 86. Citv of Winchester Planning Commission ® City Planning Commissioner, Kevin McKannan, reported that the City Planning Commission has been focusing on some corridor enhancement projects; working on some different CUPS for nightclubs; and working through a few issues for Old Towne Winchester, primarily balancing the interests of both residential and business because of the many mixed -use properties in that area. He said one item coming up is the concept of a form -based code and incorporating it with the overall Comprehensive Policy Plan. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. COMMISSION DISCUSSION DISCUSSION OF THE TASKER ROAD CPPA (COMPREHENSIVE POLICY PLAN AMENDMENT) 40 Frederick County Planning Commission Page 2810 Minutes of December 7, 2011 -3- Deputy Planning Director, Michael T. Ruddy, reported that only one Comprehensive • Policy Plan Amendment was received this year, for Tasker Road, Parcel 86, CPPA 401 -11. Mr. Ruddy reported this is an 11.35 -acre change in Land Use Classification from Institutional to Residential and the property is located on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles south of I -81, Exit 310 Interchange. Mr. Ruddy noted that when the Comprehensive Plans and Programs Executive Committee initially evaluated this request, issues of concern included transportation, compatibility of uses, design standards, and potential impacts. The CPPC expressed significant concern regarding access to this site directly from Tasker and Rutherford Lanes and they requested that the applicant work with VDOT to discuss how the property would be accessed, should it be developed either institutionally or residentially. VDOT's response was that the parcel could be served off the existing Rutherford Lane with the appropriate improvements to Tasker Road at the time development occurs. Mr. Ruddy reported the CPPC recommended approval of this CPPA for a change in the land use designation from Institutional to Residential at their November 14, 2011 meeting. He said the CPPC remained somewhat concerned about the transportation side of development, but they moved the application forward with a recommendation of approval, provided the applicant continue to look at inter - parcel connectivity and other means of access as this project moves forward. Mr. Ruddy noted that Mr. Ron Mislowsky with Patton Harris Rust & Associates (PHR &A), was present this evening to answer questions from the Planning Commission. Commissioner Unger had a question regarding the zoning of property to the south of Parcel 86 and if there were any structures on that property. Mr. Ruddy replied the property to the south is zoned RA (Rural Area) and there is an existing residential structure. No other questions or issues were raised by the Planning Commission. The Planning Commission believed this CPPA was ready to go forward to the Board of Supervisors for discussion as presented. DISCUSSION OF THE DRAFT CIP (CAPITAL IMPROVEMENTS PLAN) Deputy Planning Director, Michael T. Ruddy, presented the Draft 2012 -2013 Capital Improvements Plan (CIP) for Frederick County. Mr. Ruddy stated that on November 14, 2011, the Comprehensive Plans and Programs Committee (CPPC) Executive Committee met with County Department and Agency representatives to discuss their individual capital improvement project requests, including new projects and modifications to previous requests associated with the 2012 -2013 CIP. He said following the CPPC discussion, the Executive Committee endorsed the 2012 -2013 CIP and endorsed its conformance with the County's Comprehensive Policy Plan, The CPPC Executive Committee forwarded the CIP to the Planning Commission for discussion. Mr. Ruddy reported the number of projects in this year's CIP has increased from 77 to 92 and many of the new projects revolve around the airport. He noted that representatives from the various departments and agencies were present this evening to answer questions from the Planning Commission. Mr. Ruddy reviewed some of the projects listed on the CIP and the various corresponding maps with the Commission. Mr. Ruddy concluded by stating that this process continues to reinforce the connection between the CIP, the Comprehensive Policy Plan, and rezoning applications. Frederick County Planning Commission Page 2811 Minutes of December 7, 2011 -4- Commissioner Thomas asked for further clarification regarding the CIP Table which lists • the projects and their associated costs. Commissioner Thomas assumed that if the Commission endorses the CIP, the Commission would be recommending funding of everything shown for 2012 -2013. Mr. Ruddy explained that the Planning Commission's role is typically to look at the projects themselves and to recognize those projects' conformance with the Comprehensive Policy Plan in general. Mr. Ruddy said the funding discussion is certainly a guide, but the actual funding of projects comes through the County's budget process. He added that the monetary estimates provides some guidance as to the anticipated costs, but the Commission's role and action would not be in approving a budget to purchase these projects in upcoming years. Commissioner Kriz, who is a also a member of the CPPC Executive Committee, pointed out that everything on the CIP project list has been working hand -in -glove with the Comprehensive Policy Plan, so things are going well according to the way all the County's departments are working together. Commissioner Kriz complemented the various departments on their efforts of working together on this particular budget in their attempts to get the projects which are needed and not duplicated throughout the County. As an example, Commissioner Kriz cited the schools and parks using the same buildings. Chairman Wilmot stated that the Commission's focus should be whether a facility, its construction, the parks, etc. are in the appropriate locations. She said this aspect of the CIP is much improved and all of the work by each of the organizations and agencies is appreciated. Chairman Wilmot made an additional comment about the equipment at the bottom of the list; she suggested that the Commission's comments deal with all other projects except for the equipment list, because those are not location driven. • Mr. Ruddy said he would forward all of the Planning Commission's comments to the Board of Supervisors for their discussion of the CIP. DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT FOR RA (RURAL AREAS) AND RP (RESIDENTIAL PERFORMANCE) USES Senior Planner, Candice E. Perkins, reported this discussion is regarding a proposed ordinance amendment to revise Chapter 165, Zoning, to include additional conditional uses in the RA (Rural Areas) and RP (Residential Performance) Zoning Districts. Ms. Perkins said the proposed amendment would add "public buildings" as a conditional use in the RA and RP Districts; "libraries" as a conditional use in the RA District; and "museums" as a conditional use in the RP District. She said the amendment also proposes to remove the definition of "government services office" because it is very similar to "public building," as well as update the corresponding supplementary use regulations. Ms. Perkins commented this amendment may seem familiar to the members of the Planning Commission; she said the Commission discussed this topic a few meetings ago, however, the uses were all shown as "permitted uses." She noted that when this was forwarded to the Board of Supervisors for discussion, the Board chose to change the "permitted uses" to "conditional uses." Ms. Perkins said the staff opted to take the proposal back to the Development Review and Regulations Committee (DKRC) because there was another change that came into play dealing with the definition for '`government services offices." She said the proposal is to remove the "government service office" i Frederick County Planning Commission Page 2812 Minutes of December 7. 2011 -5- definition and use the "public buildings" definition. There were also several supplemental use regulations • pertaining to the government services offices and it is proposed to strike the text of the government services and add public buildings in its place. Lastly, she said there is a proposed amendment to remove the Sewer and Water Service Area (SWSA) requirement for that use because it will now be covered under a conditional use instead of a permitted use. Commissioner Thomas raised an issue regarding the addition of museums under the Residential Performance Districts; he asked if the definition of museums was well defined or if there were subsequent codes identifying what it is. He provided an example of someone in a residential district with a five -car garage containing four 20- year -old automobiles and asked if that could be considered a museum. Commissioner Thomas was concerned about compatibility with adjacent neighbors. Ms. Perkins said museums were not defined in the zoning ordinance and the staff would subsequently refer to a dictionary. She pointed out that since it would only be a conditional use, the Board of Supervisors would have to deem it appropriate at that particular location. Commissioner Thomas also questioned the practicality of someone investing money to start a museum in a residential area under a conditional use permit (CUP). He likened it to someone starting a Burger King business on a CUP. Commissioner Thomas questioned the appropriateness of having a CUP for a museum in a residential area. Planning Director, Eric R. Lawrence, provided an example of a museum in a residential area within the City of Winchester, which was the Patsy Cline Museum. Mr. Lawrence said if there is something in an RP District of this nature, such that there is history behind the structure and there is enough community support and interest, although it is within a residential neighborhood, there should be an opportunity for this to occur. Mr. Lawrence noted the CUP process provides the opportunity for the public to come forward and express opinions. Ms. Perkins provided another similar example with the Bowman Library, which is located in an RP District. • Commissioner Thomas raised the issue of parking in a residential area. It was noted that the Board of Supervisors had requested the CUP with all three uses, libraries, museums, and public buildings. No other issues were raised. Ms. Perkins said she would forward the Commission's comments and concerns to the Board of Supervisors for their discussion. DISCUSSION OF THE ANNUAL REVIEW OF PC BYLAWS AND THE ROLES AND Planning Director, Eric R. Lawrence, reported that the Planning Commission's guiding documents, the Bylaws, and the Roles and Responsibilities, are reviewed each fall, revised as appropriate, and then adopted during the first meeting of the calendar year. Mr. Lawrence said the staff identified only minor modifications to the Bylaws and is presenting those revisions at this evening's meeting for the Planning Commission's consideration. Mr. Lawrence explained that should the Commission concur with the suggested revisions, the staff will place the revised Bylaws, and the Roles and Responsibilities documents on the Commission's first meeting agenda in 2012 for adoption. Mr. Lawrence stated the three suggested revisions to the Bylaws include: 1) correct chapter references from Chapter 165 to Chapter 21; 2) under Section 8 -3 -6, the word `Vor" should be added so the sentence will read, "The Commission members may ask questions of clarification and information after the staff report, applicant presentation, and /or citizen comment; and 3) under Section 8- • Frederick County Planning Commission Page 2813 Minutes of December 7, 2011 3 -9 -1 D), removal of the word, "not" and, therefore, the sentence would read, "...The Planning Commission may table agenda items if... Revised proffers have been received from the applicant less than twenty -one (21) days of the advertised Planning Commission meeting." The members of the Commission agreed with the revisions presented. Mr. Lawrence stated that he would place the revised Bylaws and the Roles and Responsibilities documents on the Commission's first meeting agenda in January 2012 for adoption by the Planning Commission. CANCELATION OF THE DECEMBER 21, 2011 PLANNING COMMISSION MEETING Chairman Wilmot announced there were no pending agenda items for the Planning Commission's December 21, 2011 meeting. Commissioner Kriz made a motion to cancel the December 21, 2011, regular meeting of the Planning Commission. This motion was seconded by Commissioner Triplett and unanimously passed. SENSENY ROAD/ EASTERN FREDERICK URBAN AREAS PLAN — FACILITATOR GROUP MEETING Chairman Wilmot announced there will be a Senseny Road /Eastern Frederick Urban Areas Plan Facilitator Group meeting on Wednesday, December 21, 2011, under the leadership of Commissioner Chris Mohn, to review and discuss the first iterations of the Plan. Commissioner Kriz wanted to thank all of the people involved in the four working groups who worked very hard during the month of November on the Senseny Road/Eastern Frederick Urban Areas Plan. Commissioner Kriz said the groups were asked to accomplish their work in the month of November, which they did; he said the groups turned in their information so the meeting could be held on November 21. Commissioner Kriz wanted to especially thank the Natural Resources Group, lead by Mr. Jeff Rezin; the Urban Areas and Residential Development Group, lead by Mr. John Conrad; the Business Development Group, lead by Mr. Evan Wyatt; and the Transportation Group, lead by Commissioner Phil Lemieux. LOW - IMPACT DENSITY CHANGES Commissioner Thomas had a question concerning the Low - Impact Density Changes which were discussed by the Planning Commission and the Board of Supervisors at their noon work session on December 7, 2011. Commissioner Thomas asked what the process for this would be for public hearing. Planning Director, Eric R. Lawrence, stated the proposed subdivision and zoning ordinance changes discussed would accommodate some low- impact design proposals implemented to deal with storm water management quality and quantity. Mr. Lawrence said the four changes proposed deal with enabling waivers, so that someone in a residential area could do a private street and request a waiver of • Frederick County Planning Commission Page 2814 Minutes of December 7. 2011 -7- ® the curb and gutter in exchange for doing some type of low- impact design. Mr. Lawrence noted that the staff will report all the comments received at the work session to the Board of Supervisors at their December 14 regular meeting. He said if everyone is comfortable with the revisions, the staff will start the public hearing process. Mr. Lawrence noted this will come before the Planning Commission as a public hearing. Commissioner Thomas noted this issue of low - impact design has been discussed by the committee for about three years. He felt an opportunity may be missed if an incentive is not included to encourage the use of low- impact design. Commissioner Thomas said at the work session, one specific developer's proposal for a specific development was presented. He didn't think this use was encouraged to occur anywhere else. Additionally, he thought some potential was missed with the absence of utilizing porous driveways, instead of the typical impermeable surface. Commissioner Thomas stated that from a Planning Commission's standpoint, he believed the ordinance should be crafted in some way to encourage developers to use the low- impact design for wide - spread use throughout the county. Commissioner Thomas also expressed concern regarding the complete elimination of curb because of the potential for the road edge to break down. He recommended the use of zero - profile curb for all roadway edges. Mr. Lawrence stated the State has assigned the task of developing a better storm water management plan to the Public Works Department, because they handle storm water management for the Frederick County. The State's storm water management regulations impose a 2014 deadline for the County. Mr. Lawrence said as the Public Works Department comes up with techniques which are acceptable within the community and which are workable from an infiltration perspective, the Planning Department Staff will work closely with them to make sure that the zoning and subdivision ordinances are appropriate to reach those goals. ® Mr. Lawrence said the work session discussion today centered on four relatively minor changes to help an example development get going. He said as the storm water management regulations are reviewed over the next couple years, the zoning and subdivision ordinances will be evaluated and areas that need to have incentives will need to be identified. ADJOURNMENT No further business remained to be discussed. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the meeting adjourned at 7:40 p.m. by a unanimous vote. Respectfully submitted, M. Wilmot, Chairman R. Lawrence, Secretary Frederick County Planning Commission Page 2815 Minutes of December 7, 2011