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Home My WebLink AboutPC 04-06-16 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 April 6, 2016 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation; Candice E. Perkins, Assistant Director; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the April 6, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the Planning Commission unanimously adopted the minutes of their March 2, 2016 meeting. Frederick County Planning Commission Page 3326 Minutes of April 6, 2016 COMMITTEE REPORTS Transportation Committee --- Mtg. 4/4/16 Commissioner Kenney reported the committee discussion to the next Transportation Committee meeting. overview and update on House Bill 2 and the MPO program. Board of Supervisors Report — Mtg. 3/23/16 moved the Comprehensive Plan update He noted Mr. John Bishop presented an Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board of Supervisors approved a 12 month outdoor festival permit for Trumpet Vine Farm. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission's agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to rezone 36.676 acres from the RA (Rural Areas) District to the B2 (Business General District), 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to MI (Light Industrial) District, with proffers. The properties are located on the west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33-A-113, 33-A-124, and 33 -A -114B Action — Recommend Approval Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Assistant Director Transportation, John A. Bishop reported this application is to rezone a total of 155.489 acres from the RA (Rural Areas) District to the B2 (Business General), B3 (Industrial Transition), and Ml (Light Industrial) Districts with proffers. He reviewed the GDP (Generalized Development Plan) which was provided with the original application and noted the transportation concerns discussed at the March 16"' Planning Commission meeting: more flexibility with regard to the signalization proffers to allow for potential conversions to cash should a likely and worthy project arise and the flexibility be needed; proffered 60 foot right-of-way for potential major collector road; Eastern Frederick County Planning Commission Page 3327 Minutes of April 6, 2016 Road Plan shows frontage roads through the property to a future split interchange that was not addressed. Mr. Bishop reported the applicant has since provided updated proffers. Mr. Bishop explained the GDP looks relatively similar with the exception of additional ramp lines through the two land bays that are closest to the interstate; they are meant to address the split interchange. He noted a property that is in the middle (Open Door Church) which has a large cross structure along I-81 and a cemetery that is being developed. Mr. Bishop reported this new configuration has not yet been approved by VDOT; and noted the past configuration was not taken through a full federal highway approval process. Mr. Bishop continued the applicant has increased the right-of-way for their main central roadway (Alfalfa Lane) to allow for a major collector road; the applicant will be constructing two lanes at this time; however the right-of-way provided will allow the future four lane roadway. Mr. Bishop reiterated the applicant has allowed for the conversion to a cash proffer for the signals should they be needed. Mr. Bishop reported a number of transportation concerns are still present with this application and the application is partially consistent with the Comprehensive Plan. He noted VDOT has requested a signal warrant analysis be included in the proffer as well as requested turn lane improvements associated with the new road construction and a clarification to the proffer that Alfalfa Lane would be constructed prior to a CO (Certificate of Occupancy) of any of the properties. Commissioner Thomas inquired how much more of a process is it to get a signal warrant analysis to determine whether the 6,330 trips per day have been met. Mr. Bishop explained it is not the 6,330 trips that initialize the signal; the signal warrant analysis looks at specific factors and if VDOT runs one it costs approximately $3,000 and they prefer the applicant absorb this cost. Mr. Tim Stowe representing the applicant came forward and addressed the previous question regarding a signal analysis. He elaborated the signal warrant analysis is a separate process from a TIA (Traffic Impact Analysis); the signal warrant analysis is based on detailed traffic counts that are collected hourly over a 12-16 hour period of time. Commissioner Unger commented it appears VDOT is on board with this revised proposal. Commissioner Crockett commented he is in favor of this application as presented this time and it appears the applicant has adequately addressed the transportation concerns to minimize the transportation impacts. Commissioner Mohn commented he agrees with Commissioner Crockett and he is comfortable with what the applicant has put forward as they have addressed the proffer concerns that were brought forth previously and they have addressed the key transportation issues. Commissioner Crockett noted the importance of the proffer pertaining to a test well that could possibly be on this site which will be a significant asset to the County. Upon motion made by Commissioner Crockett and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #02-16 for 1-81 West Business Park submitted by GreyWolfe, Inc., to rezone 36.676 acres from the RA (Rural Areas) District to the B2 (Business General District), 45.453 acres from the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA (Rural Areas) District to M1 (Light Industrial) District, with proffers. The properties are located on the Frederick County Planning Commission Page 3328 Minutes of April 6, 2016 west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 33-A-113, 33-A- 124, and 33-A- I 14B (Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.) INFORMATION/DISCUSSION ITEM Dedication of Public Utilities and ROW (right-of-way) on Rural Preservation Lots. Discussion on revisions to the Zoning Ordinance to allow for the dedication of area for public utilities and right- of-way dedications on rural preservation lots. No Action Required Assistant Director, Candice E. Perkins reported this is a revision to an ordinance to provide an allowance to permit divisions from Rural Preservation lots for public road dedications or utility dedications. She noted currently, the zoning ordinance prohibits all future divisions from Rural Preservation tracts unless the division adds to the acreage amount. Ms. Perkins reiterated the future division (subdivision) would only allow for the expansion of an existing VDOT owned road and for the dedication of public utilities. Ms. Perkins concluded the DRRC discussed this amendment at their February 2016 meeting and agreed with the proposed changes with minor revisions. Commissioner Thomas inquired why we would eliminate new roads from consideration. Ms. Perkins explained there are typically planned roads within the Rural Preservation tracts; Staff does not want to see an allowance for a parcel for example, that is land locked to then dedicate a new road through a Rural Preservation tract to gain additional density while circumventing the intent of the ordinance to preserve the Rural Preservation tract; that is why it is limited to existing roads. Commissioner Thomas asked if there is an allowance to do an exception if needed. Ms. Perkins noted an allowance is not part of the ordinance at this time. (Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.) Request to include outdoor Flea Markets as a Conditional Use in the B2 and B3 Districts. Discussion on a request to include Flea Markets as a Conditional Use in the B2 (General Business and B3 (Industrial Transition) Districts. No Action Required Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Assistant Director, Candice E. Perkins reported this is a citizen request ordinance amendment to allow outdoor flea markets as a conditional use in the B2 (General Business) and B3 Frederick County Planning Commission Page 3329 Minutes of April 6, 2016 (Industrial Transition) Districts. Ms. Perkins continued currently flea markets operated outdoors are permitted as a conditional use in the RA (Rural Areas) District through a conditional use which was added to the ordinance in 2010. She noted flea markets operated indoors are permitted in the B2 (General Business) District. Ms. Perkins continued, included with the amendment is modified supplementary use regulations that were adopted in 2010 with the RA (Rural Areas) District flea market amendment to incorporate the B2 (General Business) and B3 (Industrial Transition) Districts conditional use permit. Ms. Perkins reported the DRRC discussed this item at their February 2016 meeting. She continued the committee expressed a number of concerns regarding this use: how this use would fit in with exiting 132/133 uses; reduced standards with parking and driving lanes with the 2010 RA amendment in which it was reduced to gravel; impacts to commercial users that would be adjacent to the proposed use; the use is currently allowed with a CUP in the RA District, and do not see the need for the inclusion in the commercial districts. Ms. Perkins concluded due to the amount of available RA (Rural Areas) land for this use, the DRRC did not see the need to allow a CUP in the 132/133 Districts, therefore the DRRC recommended against approving this request. Commissioner Mohn noted he agrees with the DRRC and does not feel this is something the County wants or needs in the commercial areas. Commissioner Crockett and Commissioner Unger agreed this use would have to be indoors if allowed in a commercial area. Commissioner Thomas noted a sense of the Planning Commission's disagreement with this should be sent to the Board of Supervisors. (Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.) ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Mohn and unanimously passed. The meeting adjourned at 8:00 p.m. Respectfully submitted, ne M. Wilmot, Chairman s Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3330 Minutes of April 6, 2016