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HomeMy WebLinkAboutPC_03-17-10_Meeting_MinutesMEETING MINUTES OF THE COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 17, 2010. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon 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; Greg L. Unger, Back Creek District; Kevin 0. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; and Roderick Williams, Legal Counsel. ABSENT: Philip E. Lemieux, Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. is CALL TO ORDER & ADOPTION OF AGENDA 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 March 17, 2010, agenda for this evening's meeting. MEETING MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the January 6, 2010 meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously approved the minutes of the February 3, 2010 meeting. Minutes of March 17, 2010 Page zno�, -2— COMMITTEE REPORTS • Comprehensive Plans & Programs Committee (CPPC) — 3/08/10 Mtg. Commissioner Kriz stated the CPPC held their election of officers and Commissioner George Kriz was re- elected as Chairman and Commissioner Gary Oates was re- elected as Vice Chairman. Commissioner Kriz reported on the following items from the meeting: an update was provided on the Planning Commission's 2010 Retreat; the staff provided an overview of the proposed approach and schedule for the Comprehensive Policy Plan update. He said a significant amount of community participation is anticipated and meetings will be facilitated by members of both the Comprehensive Plans and Programs Committee and Subcommittee. Commissioner Kriz stated that the kick -off for citizen volunteers will be Tuesday, April 6, 2010. In addition, the CPPC w as provided a briefing from the standing committees, the Community Area Plans Subcommittee, the Community Facilities Subcommittee, and the Comprehensive Policy Plan Subcommittee. Development Review & Regulations Committee (DRRC) — 2/25/10 Mtg. Commissioner Unger reported that the DRRC held their election of officers and Commissioner Roger Thomas was re- elected as Chairman and Commissioner Greg Unger was re- elected as Vice Chairman. Commissioner Unger reported on three items discussed by the DRRC: Higher Education (HE) District Height Requirements; Truck Parking in the Ml and M2 Zoning Districts; and Lithium Battery Manufacturing in the Ml Districts. r 1 U Sanitation Authority (SA) — 3/16/10 Mtg. Commissioner Unger reported that rainfall for the month of February was 3.6 inches; the Opequon and Parkins Mill Plants are working satisfactorily, averaging about 1.4 mgd; the quarries are holding satisfactorily. He reported on a problem in the Stephens City area involving rags being dumped into the sewer system, which are getting into the pumps; he said this has been an ongoing problem and they are trying to determine where this is coming from. Another problem in the Stephens City area arises during excessive rain, and either the area or town is severely flooding the sewer systems. They are trying to determine whether the flooding is coming from sump pumps or leaking manholes. He said the system is working hard during those times. Commissioner Unger also reported that Silver Lake is having discussions with the SA on the installation of a 500,000 gallon holding tank for water at the Lutheran Home. • Frederick County Planning Commission Page 2606 Minutes of March 17, 2010 -3- Committee Appointments • Chairman Wilmot announced the appointments of Commissioner Philip Lemieux and Commissioner Stanley Crockett to the Comprehensive Plans & Programs Executive Committee. She said that Commissioner Lemieux will be on the Community Area Plans Subcommittee and the Transportation Plan Update Committee. Commissioner Crockett will serve on the Business Development Plan Update Subcommittee. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING 2007 Comprehensive Policy Plan Amendment — Eastern Frederick County Long -Range Land Use Plan and Northeast Land Use Plan. This amendment includes proposed modifications to the Developmentally Sensitive Areas (DSA) designation in the vicinity of Route 11 North to include the removal of areas of DSA and to reflect recently- approved development projects. • Action — Tabled for 60 Days Deputy Planning Director, Michael T. Ruddy, reported that this amendment is a result of clear direction from the Board of Supervisors at their January 23, 2010, meeting after their consideration and approval of the Graystone Rezoning project. He said specifically, the Board directed the staff to schedule a public hearing to amend the Comprehensive Policy Plan to remove the developmentally sensitive area designation from the area bounded by Route 37 to the north; Milburn Road to the east; Route I 1 to the west; and Red Bud Road to the south. Mr. Ruddy said the Board has recognized the significant on -going effort in this part of the County and will be looking at other wholly revised land use plans in this area within the next few months. However, he noted that this proposed amendment to the Northeast Land Use Plan is relatively straight forward and is consistent with the Board of Supervisors' direction. Commissioner Oates commented that Comprehensive Policy Plan changes in the past have always been sent to the Comprehensive Policy Plan Committee (CPPC) and the Planning Commission for discussion and then afterward scheduled for public hearing. Commissioner Oates asked why this particular amendment was being rushed through so quickly. He said that Graystone can still come forward with their master development plan. He expressed concern for setting a precedent. Mr. Ruddy replied that evaluation of this area happened with the evaluation of the Graystone project and the Board was very clear on sending it forward for public hearing. He added that it is a relatively straight forward and small -scale request. Mr. Ruddy said that many of the changes are • Frederick County Planning Commission Page 2607 Minutes of March 17, 2010 -4- • currently in the works with the updated Northeast Land Use Plan; however, this amendment is limited and is based upon direction from the Board. Commissioner Thomas stated that if this is taken through committee and to the public with the "before" version, it gives the public the perception they have an ability to influence that particular area that has already been changed. He said whether or not the Commission agrees with the approach, the DSA (Developmentally Sensitive Area) has been changed. Commissioner Thomas believed it could be misleading to present it otherwise. Chairman Wilmot called for public comments; however, no one came forward to speak. Commissioner Oates made a motion to table the amendment for 60 days and to include it with the Comprehensive Policy Plan update currently going to the public. This motion was seconded by Commissioner Unger and was passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend that the 2007 Comprehensive Policy Plan Amendment, particularly the Eastern Frederick County Long -Range Land Use Plan and Northeast Land Use Plan, be tabled for 60 days. This amendment includes proposed modifications to the Developmentally Sensitive Areas (DSA) designation in the vicinity of Route 11 North to include the removal of areas of DSA and to reflect recently- approved development projects. The majority vote was as follows: . YES (TO TABLE) Unger, Crosen, Ambrogi, Manuel, Crockett, Oates, Kriz, Triplett, Mohn, Wilmot NO: Thomas, Madagan (Note: Commissioner Lemieux was absent from the meeting.) An Ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VII, Overlay Districts, Part 703, HA (Historic Area) Overlay District, 165- 703.04, General Regulations, 165- 703.05, Guidelines for New Construction or Alterations, and 165- 703.06, Administration. This amendment includes proposed revisions to the Frederick County Code for general regulations, administration, and the addition of guidelines for new construction/ alterations. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that the Historic Area (HA) Overlay Zone was adopted by the Board of Supervisors in November of 1991 and was intended to enhance and aid in the preservation and protection of historic resources in the County. She said the current Overlay Zone contains criteria for establishing districts, determining historic significance, and general regulations and administration, but does not contain any design criteria for the development or alterations of sites. Therefore, any improvements, such as landscaping or parking, would have to follow the regulations for . the underlying zoning district. As a result, the staff is proposing some revisions to the HA Zone to address certain design guidelines for new construction, as well as some minor updates and revisions. Frederick County Planning Commission Page 2608 Minutes of March 17, 2010 -5- • Specifically, the revisions include changes to general regulations, guidelines for construction and alterations, as well as additions to the administration section. Ms. Perkins said the Historic Resources Advisory Board (HRAB) reviewed this proposed amendment at their September 2009 meeting and the Development Review and Regulations Committee (DRAG) reviewed this at their October 2009 meeting. She said it was discussed by the Commission in December 2009 and by the Board of Supervisors on two separate occasions: December 2009 and February 2010. Ultimately, at their February 2010 meeting, the Board directed the staff to advertise the proposed amendment for public hearing. Chairman Wilmot called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot asked Ms. Perkins about the Board's discussion and action at their meetings on December and February. Ms. Perkins replied that on December 2009, the Board tabled the amendment because they wanted additional information about the HRAB's involvement. Ms. Perkins said their question was answered via a memorandum and the staff brought the amendment back to the Board in February. Ms. Perkins said the Board, at their February meeting, sent the same ordinance forward to public hearing. No other questions or concerns were raised by Commission members. 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, Chapter 165, Zoning, Article VII, Overly Districts, Part 703, HA (Historic Area) Overlay District, 165- 703.04, General Regulations, 165- 703.05, Guidelines for New Construction or Alterations, and 165- 703.06, Administration. This amendment includes proposed revisions to the Frederick County Code for general regulations, administration, and the addition of guidelines for new construction/ alterations. (Note: Commissioner Lemieux was absent from the meeting.) COMMISSION DISCUSSION Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 604, B3 (Industrial Transition) Zoning District, 165- 604.03, Conditional Uses; Part 606, MI (Light Industrial) Zoning District,165- 606.03, Conditional Uses and Part 607, M2 (Industrial General) District, 165 - 607.03, Conditional Uses; and Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165- 204.24, Tractor Truck and Tractor Truck Trailer Parking. This amendment includes revisions to the Frederick County Zoning Ordinance to allow truck parking in the B3, Ml, and M2 Districts. J Frederick County Planni Minutes of March 17, 20 rage LOVY • Senior Planner, Candice E. Perkins, reported that the staff has received a request to include tractor truck and tractor truck trailer parking as a permitted use in the M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. She said specifically, the request is to allow a parking area to store trucks and trailers for an extended period of time as a primary use. This type of use is not currently an allowed primary use and can only be done in conjunction and accessory/secondary to a permitted primary use, such as manufacturing, distribution, or warehousing with a parking area on the same property to store trucks and trailers. Ms. Perkins said this request was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 25, 2010. She said the DRRC had an extensive discussion on the proposed use and recommended the following: the use be permitted as a primary use only through the approval of a conditional use permit (CUP); the use be added to the B3; include revised surface material requirements (paving for truck parking and gravel for trailer storage); include a provision that no inoperable trucks /trailers be allowed; include modified landscaping language; and include a provision allowing the Board of Supervisors to include additional conditions. With those changes, the DRRC recommended that the ordinance amendment be forwarded to the Planning Commission for discussion. Commissioner Kriz was supportive of requiring a CUP because it would allow for the discontinuation of using a site for truck parking on a temporary basis until the primary building was constructed. Commissioner Thomas expressed concerns about the language in the proposed amendment as written, particularly because it would allow storage for an "extended period of time." He • cautioned about the possibility of turning Frederick County into a junk yard for tractor trailers. Commissioner Thomas was not in favor of the County opening up B3 property with CUPS for parking tractor trailers for six months to a year at a time without regular maintenance. He suggested revising the language and limiting storage to 30 days maximum. Commissioner Thomas said any long -term parking provides no benefit to Frederick County, unless the storage was simply for a couple days or even a week while the driver is waiting for loading or unloading; it provides a place to park the trucks instead of various parking lots around town. Commissioner Crockett asked the staff for further clarification on the proposed language, particularly, how long the long -term storage was intended for. Ms. Perkins said the language proposed in the ordinance has no time frame; she said this could be a facility in which a local user could rent and store their trailers all the time or intermittently. Commissioner Oates explained that during DRRC discussions, members stipulated that the trailers and trucks in those facilities should be licensed and operable; for example, a cargo container doesn't have a license and could not be stored there. Commissioner Oates said that stacked containers would not be permitted because they are not licensed or operable. Commissioner Thomas noted that the amendment language does not specifically state, "licensed vehicles only." Commissioner Crockett asked how one would police expired tags and expired FHA inspections within a facility. Ms. Perkins said that if a complaint was received, the staff would have to go out and verify what was being stored. If the applicant was in violation of the CUP, it could come back before the Board of Supervisors for revocation. • Frederick County Planning Commission Page 2610 Minutes of March 17, 2010 -7- is Commissioner Oates said he was fine with the proposed amendment; however, it does not address sites where trucks come in, but do not have a place to park. He said, for example, trucks are forced to leave the Flying J site; he said this problem still needs to be solved. Commissioner Oates advised going back to the distribution centers and warehouse ordinance and consider increasing parking requirements and place some type of trailer parking along the distribution centers so that tractor trailers are not forced off -site. Commissioner Thomas said he had assumed that the problem of trailer trucks being forced off -site was going to be addressed in this proposed amendment. Commissioner Thomas said he thought the proposed amendment would allow trailers to be parked at a designated location for six or eight hours while waiting to be loaded or unloaded. Commissioner Oates commented that this proposed amendment addresses previously- approved sites; however, when planning for future sites, there needs to enough land available to accommodate the site's own truck needs. Commissioner Unger stated that when the DRRC discussed this item, it was recognized there was very little M1 property available to accommodate this. He said this particular request came from someone who had an M1 property that was difficult to access, located behind Zuckermans. Commissioner Unger felt it was an unusable and unsellable property, as far as M 1 is concerned, and this was a use the property owner could utilize until the economy straightens out. Commissioner Thomas said there was a need for this amendment, as long as the Commission revised the conditions by adding, "no unlicensed tractor trailers, no storage of containers, and storage cannot exceed 60 to 90 days at any particular time." Ms. Perkins said she would forward the Commission's points of concern to the Board of Supervisors for inclusion in their discussions. • - Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 609, HE (Higher Education) District, Section 165- 609.03 Yard and Design Requirements, and Section 165 - 609.04, Buffers and Screening. This amendment includes revisions to the Frederick County Zoning Ordinance to increase the height and revise the design requirements in the HE District. Senior Planner, Candice E. Perkins, reported that the staff had received a request to increase the maximum height requirements in the Higher Education (HE) District. Ms. Perkins said the maximum height currently within the HE District is 45 feet. She said the staff has prepared an ordinance revision which addresses this height request, along with other necessary ordinance revisions. She said the proposed changes include: An increase in building height from 45 feet to 75 feet, subject to a Board of Supervisors' waiver; a revision to add yard and dimensional requirements, the modifications include adding front yard setbacks from primary and arterial highways, similar to other zoning districts, and adding side and rear yard increases for structures over 45 feet in height; and, design requirements which include an addition of a statement regarding lot size and depth/width and an addition of landscaped area and FAR requirements. Ms. Perkins said this proposed amendment was discussed by the Development Review and Regulations Committee (DRRC) at their meeting on February 25, 2010. She said that while the DRRC had no issue with the 75 -foot building height, they did express concern if the structures were to be • located adjacent to existing single - family dwellings. She said the DRRC recommended that language be Frederick County Planning Commission Page 2611 Minutes of March 17, 2010 ME added to the amendment to only allow the height increase through a waiver granted by the Board of Supervisors. No other revisions were recommended by the DRRC and they sent the proposed amendment forward to the Planning Commission for discussion. Ms. Perkins also noted that Mr. Jeff Davis, a project planner with Shenandoah University, was present on behalf of this requested amendment. Commissioner Unger said he did not have a problem with taller buildings at the university and he understood the reason for it; however, he expressed some concern for instances where the taller structure is close to a residential area. He questioned whether the increased height might cause a problem for adjoining residential properties. Commissioner Unger raised an issue of the university possibly purchasing property in the County, outside of the existing campus area, and if they would have the right to construct a 75 -foot building next to a residence. He suggested including some additional wording to protect adjacent residences. Ms. Perkins said the concern about adjacent properties was the reason why the Board of Supervisors' waiver has been included in the amendment. She said if one of the buildings were to exceed 45 feet, the current height requirement in the HE District, the applicant would have to request the additional footage from the Board of Supervisors. In addition, for every foot exceeded over the 45 feet, up to 75 feet, an additional side or rear foot will be added to the setbacks. She said that was the protection mechanism included. Commissioner Madagan said he generally agreed with the amendment; however, he raised a concern about how the waiver was worded. He said the waiver indicates the structure would only is negatively impact adjacent residential uses, but he raised the issue of adjacent business uses or other types of areas that could also be negatively impacted. He thought a waiver should be needed for any structure over 45 feet, regardless of the adjacent land use. Commissioner Thomas was not opposed to the height increase, but he believed the setbacks needed to be increased, especially around residences. He said 50 feet from a primary arterial highway is too small; he thought it should be 75 feet and the collector or minor street should be 50 feet. He agreed with Commissioner Unger that 45 feet, or a minimum rear yard for all structures at 25 feet with the addition of one foot for every foot over the 45 feet, was inadequate. Commissioner Thomas made the calculations for setbacks for a proposed 75 -foot building adjacent to a residence which resulted in the structure being 80 feet from the residence. He thought 80 feet was too close; he said the building will be massive and will significantly change the viewscape for the residence. He said the Planning Commission went through this with the Hampton Inn site. Ms. Perkins commented that the proposed setbacks were based on hotel -type uses, which can go up to 60 feet. She said there was a 15 -foot differential between the two and that is where the figures came from. Mr. Jeff Davis, the project planner for Shenandoah University, stated that the Board of Trustees is considering a 75 -foot building within the Winchester City limits. He said the Board of Trustees asked him to request raising the height requirements in the County to be congruent with the City of Winchester. Mr. Davis said Shenandoah University currently has a 75 -foot and a 50 -foot building within the City. He said the university is not currently considering anything in Frederick County, but would just like to position the university for a ready stage in the future. is Frederick County Planning Commission Page 2612 Minutes of March 17, 2010 E Commissioner Mohn suggested that along with the waiver, the university should consider providing renderings or some type of analysis when adjacent to a property line to clearly demonstrate what the perspective from the adjoining property would be. He said architects can use software to generate shadow effects to simulate what impact the building may have. Commissioner Mohn thought this would be a reasonable task through a waiver process. Ms. Perkins said the staff will forward the Commission's comments to the Board of Supervisors for their discussion and consideration. A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 607, M1 (Light Industrial) District, Section 165- 606.1, Intent. The proposed amendment includes revisions to the Frederick County Zoning Ordinance to include battery manufacturing in the MI District. Senior Planner, Candice E. Perkins, reported that staff has received a request to include the manufacturing of storage batteries as a permitted use in the M1 (Light Industrial) Zoning District. Ms. Perkins said the M1 District currently permits all of SIC 36 with the exception of 3691, which is storage batteries and 3962, primary batteries. She said the M2 (Industrial General) District allows both of those categories. Ms. Perkins said the proposed ordinance amendment would allow the following portion • of SIC 3691 as a permitted use in the M 1 District: alkaline cell storage batteries; batteries, rechargeable; nickel cadmium storage batteries; and storage batteries. She noted that it will exclude lead acid battery manufacturing. Ms. Perkins added that battery manufacturing is a targeted business by the Winchester- Frederick County Economic Development Commission (EDC). Ms. Perkins stated that this proposed amendment was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 25, 2010. She said the DRRC had concerns over the types of materials used in the battery manufacturing industry and the pollution emitted from the operation. The DRRC forwarded the proposed amendment to the Planning Commission for discussion; however, they wanted to see additional information on the manufacturing process to better understand it and to identify any environmental impacts. Commissioner Thomas asked which State agency controls the disposal excess nickel cadmium; he was concerned about the disposal of nickel cadmium in the County's landfill. Ms. Perkins believed it was the Department of Environmental Quality (DEQ), but she was unsure about the process. Commissioner Thomas said before allowing this as a use, he would like to know how excess waste would be disposed and, two, what agency would control it. Commissioner Oates suggested that the Department Public Works be asked for their comments. Ms. Perkins said she would continue to research the manufacture and disposal of storage batteries and would forward any new information to the Commission. E Frederick County Planning Commission Page 2613 Minutes of March 17, 2010 -10- 0 Results of the Planning Commission's 2010 Annual Retreat Planning Director, Eric R. Lawrence, presented the Commission with a handout of the Planning Commission's 2010 Annual Retreat Meeting Summary Notes and Prioritization. Mr. Lawrence said the prioritization is the result of everyone listening and learning and providing comments back to the staff. He said the prioritization has been submitted to the County Administration as the Work Program Goals for the Planning Department for the upcoming year. He noted the primary goal for prioritization was a rewrite of the Comprehensive Policy Plan. Chairman Wilmot announced that the Board of Supervisors has provided their endorsement for the Planning Commission to proceed with the update of the Comprehensive Policy Plan. She said a meeting will be held on April 6, 2010, at 7:00 p.m. for those who have agreed to assist with this task. She said approximately 42 -43 people will be involved in the process. Chairman Wilmot estimated that the process would be completed by July 1, 2010. Commissioner Oates announced that the public meeting for the Route 11 Northeast Land Use Plan will be held at the Stonewall Elementary School on April 20, 2010, at 7:00 p.m. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by a unanimous vote. Respectfully submitted, C, U J e M. Wilmot, Chairman ric R. Lawrence, Secretary • Frederick County Planning Commission Page 2614 Minutes of March 17, 2010