Loading...
HomeMy WebLinkAboutPC 06-06-18 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 June 6, 2018 PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot, Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Robert S. Molden, Opequon District; Greg L. Unger, Back Creek District; H. Paige Manuel, Shawnee District; Christopher M. Mohn, Red Bud District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the June 6, 2018 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney 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 Thomas, the Planning Commission unanimously adopted the minutes from the April 4, 2018 meeting. Frederick County Planning Commission Page 3546 Minutes of June 6, 2018 COMMITTEE REPORTS Transportation Committee — Mtg. 05/21/18 Commissioner Oates reported the Committee discussed the Perry Road Speed Study; VDOT will be conducting this. He continued, also discussed was the Old Charlestown Road Bridge; VDOT is considering putting in flood gates. Mr. Oates concluded the Committee discussed and moved forward the Interstate, Primary, and Secondary Road Plan Updates. Frederick Water — Mtg. 05/15/18 Commissioner Oates reported the Frederick Water Board adopted an increase to the water and sewer base rates; the base rate change will result in an increase of $11 to the average residential customer's bimonthly bill; the base rate increase is attributed to the increased wastewater treatment costs charged by the Frederick -Winchester Service Authority, and the continuation of the Town of Stephens City to not pay for water and sewer service and the town's unpaid balance is over $7.7 million. Mr. Oates continued, the Frederick Water Board adopted the FY2019-28 budget which reflects the significant capital expenditure associated with the Opequon Water Supply Plan's new water treatment plant. Mr. Oates shared the Frederick Water Board authorized the execution of an agreement that will facilitate the construction of the Stephenson Interceptor; this new sanitary sewer line will create economic development opportunities for the Route 11 North corridor, including the Graystone Business Park and the southern portion of Snowden Bridge. Commissioner Oates presented the April 2018 operations report: • Customer base is over 15,700 connections • Monthly water use averaged 5.73 MGD • Diehl's north quarry continues to maintain its water level at 651 ft • Anderson's quarry level held steady at a level of 586 ft • Rainfall for April was 3.28 inches, slightly above the annual monthly average Development Review and Regulations Committee — Mta. 05/24/18 Chairman Kenney reported the Committee discussed the following items: Updates from past DRRC discussions including the pending solar farms text amendment which is still under discussion by the Board of Supervisors and a request by the Board to revoke the residential separation buffers text amendment • Discussion of a proposed text amendment to allow mini self -storage facilities in the RA (Rural Areas) zoning district as a conditional use; this will move forward to the Planning Commission at a later date Discussion of a proposed text amendment to regulate shipping containers as accessory storage in certain zoning districts; the DRRC directed Staff to make additional changes in response to the Board of Supervisors discussion on May 91h and this will come back to the DRRC for consideration on June 28th. Frederick County Planning Commission Page 3547 Minutes of June 6, 2018 City of Winchester Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission will be having a retreat Saturday June 9". He continued a work session was held; a site plan was approved, and a discussion held on modular classrooms at John Kerr school. Other Commissioner Wilmot shared with the Planning Commission she had toured the Opequon Site and the James Anderson site for Frederick Water and the new water intake at Opequon Creek. She noted the buildings are moving forward at the Opequon site. Ms. Wilmot commented both locations are very impressive. CITIZEN COMMENTS Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The properties are located at the southern terminus of Lenior Drive (Route 732) and are identified by Property Identification Numbers 43-A-21, 43-1-2113, 43-19-4, and 43-A-24. Action — Postponed for 45 days Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director, reported this is a request to rezone 88.91 acres of land to the M1 (Light Industrial) District with proffers. She continued the properties are located at the southern terminus of Lenior Drive (Route 732). Ms. Perkins presented a locations map of the property and explained, the site is located within the limits of the Northeast Land Use Plan of the 2035 comprehensive Plan: depicts the subject properties with an industrial land use designation; the proposed M1 Zoning is generally consistent with the Northeast Land Use Plan as it relates to this area. She noted the properties are located within the limits of the Sewer and Water Service Area (SWSA). Frederick County Planning Commission Page 3548 Minutes of June 6, 2018 Ms. Perkins presented the proffers associated with this rezoning request: 1. Limited to 820,000 gross square feet and solely used for warehousing or high cube t_ransload and short-term storage. 2. Conformance with the GDP 3. Maximum height — 60' 4. Dedication of the Route 37 ROW 5. $0.10 per gross sf for Fire & Rescue 6. Historic American Building Survey (HABS) — standard level III as defined by the National Park Service Heritage Documentation Program on the residential building and its associated architectural buildings on the property. 7. Inspection prior to demolition the non -heated areas of the residential building for the presence of partially hidden or obstructed historic artifacts or material. Ms. Perkins shared the revised proffer that was presented to Staff today 6/6/18: Access to the Property shall be as shown on the GDP, provided that access to the buildable area of the Property is not impeded or eliminated, the Applicant shall not place above grade improvements on the southeast corner of the Property near the terminus of Lenoir Drive in such a way as to preclude the construction of proposed slip ramps that are currently depicted on the graphics entitled "Eastern Road Plan — Lenior Drive Slip Ramp Clarification," created by the Frederick County Department of Planning and Development, dated October 17, 2017, and attached hereto for reference. The southeast corner of the Property is subject to existing easements and/or covenants of record, as of June 6, 2018 Mr. John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant came forward. He presented diagrams that showed the slip ramp. Mr. Foote noted the entrance to the property was adjusted after discussion with Staff regarding the slip ramps. Mr. Foote provided an aerial map of the property and the surrounding area. He presented an overview of the property and its owners. Mr. Foote shared a summary of the proposed warehousing and the traffic this will generate. Mr. Foote presented the ramp design and noted the right-of-way for this design for the Route 37 bypass will be dedicated to the county at no cost when written request from the County is received. Mr. Foote mentioned in regard to the Historic Resources review, that is consistent with a specific recommendation made by the HRAB with which the Applicant is in concurrence. He concluded, the Applicant is seeking a favorable recommendation to let Stonewall IV construct 820,000 SF of low impact warehouse in an industrial area planned for that purpose that is an extension of an industrial park in which it already has three buildings that have been constructed over the last several years and would like to do more. Chairman Kenney requested clarification, there is no access to Route 37 from this property. Mr. Foote noted that is correct. Frederick County Planning Commission Page 3549 Minutes of June 6, 2018 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Doug Toan came forward and commented he is a local contractor, builder, and owner of several buildings in the Stonewall Industrial Park. He noted he is not against this rezoning and feels Frederick County needs more M1 zoned properties. Mr. Toan continued, traffic in this area has been and continues to be a huge problem because it all has to come out in one area. He noted the expansion of lanes by VDOT has helped however, it is not a permanent fix; there is the need for at a minimum, an additional exit that would connect Lenior Drive to the southbound lane of Route 37. Mr. Toan continued, there is a concern for fire and safety issues. He strongly recommends another point of access in and out of Stonewall Industrial Park. Mr. Ken Rice, Executive Vice President and Chief Operating Office of H.N. Funkhouser & Co. came forward. He noted H.N. Funkhouser owns and operates the Exxon on the corner of Welltown Road and Martinsburg Pike. Mr. Rice continued, traffic needs to be addressed before another warehouse can operate; it is a safety hazard and will impede other businesses. Mr. Rice concluded, he is not opposed to development however, he would like to suggest the possibility of an exit only to Route 37. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas inquired regarding VDOT's comments, he did not read where VDOT has sensitivity to the traffic problems being brought forth, is there a study taking place that could alleviate the issue. Mr. John Bishop, Assistant Director Transportation, explained there is ongoing work; the traffic study was done and there was not a lot for VDOT to grasp, it was a TIA that was not required under Chapter 527 however, the County required it because of not being comfortable bringing this rezoning forward without even looking at the traffic. He continued, the slip ramp has been on the Comprehensive Plan for some time; during the last round of SmartScale the Transportation Committee was reviewing this vigorously however, updates to the SmartScale requirements hindered this in the terms of a specific study that was now required; since that time this has been put into place through the MPO specifically an interchange justification report. Chairman Kenney commented given the history of SmartScale often being very lengthy and subjective he asked Mr. Bishop for some clarification on SmartScale. Mr. Bishop explained, SmartScale is still fairly new; we are currently in our 3' round of applications; it's an attempt to remove politics from the Transportation funding within the state. He continued, it does take a much more extensive look at each project you are trying to apply for and its justification as well as it is extremely competitive. Mr. Bishop concluded it is meant to be a very technical process. Commissioner Marston asked is the SmartScale application a very lengthy process. Mr. Bishop replied yes, for example; the applications being submitted August 1, 2018 have been in process since last summer; the next cycle of applications will start being prepared immediately after submission of these. Upon motion made by Commissioner Cline and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 45 days of Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone 88.91+/- acres from the RA (Rural Areas) District to the Ml (Light Industrial) District with proffers. The properties are located at the southern terminus of Lenior Drive (Route 732) and are identified by Property Identification Numbers 43-A-21, 43-1-21B, 43-19-4, and 43-A-24. Frederick County Planning Commission Page 3550 Minutes of June 6, 2018 Yes: Marston, Ambrogi, Cline, Kenney, Triplett, Wilmot No: Dawson, Thomas (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Conditional Use Permit #07-18 for Winchester 101 LLC., for a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. The property is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property Identification Number 40 -A -66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. Action — Recommend Denial Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. He continued, the property is zoned RA (Rural Areas) and the current land use is Country General Store (CUP #13-96). Mr. Cheran presented a locations map of the property. He explained, CUP #13-96 was approved by the Board of Supervisors on December 11, 1996. Mr. Cheran continued, one of the conditions of CUP #13- 96 is the hours of operation being 5:00 a.m. to midnight; the Applicant is requesting to amend this condition, changing the hours of operation to being open 24 hours. Mr. Cheran noted, the only change in the conditions would be changing the hours (condition #7, hours of operation). Mr. Vicci Prea, General Manager of Winchester 101, LLC came forward and explained this location is a last stop for some heading towards West Virginia. He commented staying open 24 hours would improve the safety of the store and provide a service that customers have requested. Commissioner Oates disagreed that staying open 24 hours would improve safety issues. Commissioner Triplett inquired how many employees would be working during the extended hours. Mr. Prea explained three employees will work until 11:00 p.m. and two employees will work until the morning. Chairman Kenney inquired what types of trucks come by the store in the middle of the night, and if they are refueling trucks. Mr. Prea stated refueling trucks typically come around 4:00 a.m. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mrs. Brenda Newcome who lives across from the store spoke in opposition of extending the store hours. She explained the lights are too bright in the middle of the night and there are a lot of trucks going into the store at night causing a tremendous amount of noise. She concluded, she does not want to see this store become a truck stop and feels the extended hours are not necessary. Mr. William Shevokas, a nearby property owner commented this store from the inception has been the cause of destruction of peace and tranquility in the neighborhood. He continued, traffic is horrendous; the gas station is a magnet for big trucks and motorcycles; noise is a problem during the day and night. Mr. Shevokas concluded the store has been robbed before and he fears for the safety of surrounding neighbors. Frederick County Planning Commission Page 3551 Minutes of June 6, 2018 Mr. Mark Stivers of Gainesboro spoke in opposition of the amended hours. He noted, the light pollution from the store is astounding and feels there should not be 24 hours of operation granted. Mr. Edward Menefee, owner of the adjoining property came forward. He shared his concerns: there is no storm water management in place, run off goes to his property; the traffic and noise are a problem; the buffer on the original site plan has not been maintained, trash continuously blows on his property. He requested this application be denied. Mr. James Bucher came forward and commented he lived in the house next to the store and feels the store should stay open 24 hours. Mrs. Catherine Bucher once resided beside the store and commented she agrees with both sides of this situation. Mrs. Robin Menefee the adjoining property owner emphasized her lot and the store lot are part of Devland Estates; noise is an issue for this neighborhood. She commented this is not an essential service to the community; the conditions are very minimal; and this is no longer a "country store". She requested this application be denied. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas inquired is this store grandfathered. Mr. Cheran explained the CUP in 1996 was for an expansion. Commissioner Thomas commented it appears the current store is in violation of two conditions: one for buffers, trash, lighting; and the second for the hours of operations. Mr. Cheran explained with the site plan submitted in 1996 there is a fence on the east side and storm water management was approved at that time. He noted the Applicant has been cited for violating the hours of operation. Commissioner Triplett inquired how many times the present owner had been cited for violating conditions of the CUP. Mr. Cheran noted the current owners have been citied once for violating the hours of operation. Commissioner Oates shared he is not in favor of extending the hours of operation; the need to pull CUP's violating conditions should be addressed. Chairman Kenney commented that CUP's convey with the property however, violations convey to the owner. Mr. Cheran noted that is correct. Upon motion made by Commissioner Triplett and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit #07-18 for Winchester 101 LLC., for a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. The property is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property Identification Number 40- A -66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Frederick County Planning Commission Page 3552 Minutes of June 6, 2018 Draft Update of the 2018-2019 Frederick County Interstate, Primary, and Secondary Road Improvement Plans — The Intestate, Primary and Secondary Road Improvement Plans establish priorities for improvements to the Interstate, Primary, and Secondary road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. Action — Recommend Approval John A. Bishop, Assistant Director Transportation, presented an overview of this item to consider the update of the 2018 — 2019 Interstate, Primary, and Secondary Road Improvement Plans. Mr. Bishop noted updates to the priorities which are being recommended are for the reasons of consistency between the plans and for continuity and support of the Board's SmartScale applications. Interstate Plan Updates are as follows: • Change letter priorities to number priorities to be consistent with Primary Plan. • Update of priorities to place Exit 3133 at Number 1 and Exit 317 at Number 2. • Update language for Exit 307 to acknowledge the need to improve the existing facility ahead of the long-term goal of relocation. Primary Plan Updates are as follows: Move Route 11 ahead of Route 277 on the priority list due to the fact that the section of highest need on Route 277 is funded and moving toward construction and the growing needs on Route 11 which have resulted in SmartScale applications. Route 277 broken up into segments of logical termini in recognition of the fact that future applications for this roadway would likely need to be for smaller segments. Addition of Route 522 intersection with Costello Drive in recognition and support of the SmartScale application on that facility. Secondary Plan Updates are as follows: Sulphur Springs Road is going to bid 8 projects added to the paving list 3 projects added to the unscheduled list Mr. Bishop concluded the Transportation Committee reviewed this item on May 21, 2018 and has recommended approval. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Triplett and seconded by Commissioner Ambrogi Frederick County Planning Commission Page 3553 Minutes of June 6, 2018 BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Draft Update of the 2018-2019 Frederick County Interstate, Primary and Secondary Road Improvement Plans. (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE H SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Buffers and Landscaping §165-203.02 Buffer and Screening requirements; ARTICLE XI BUFFER AND SCREENING DIAGRAMS, Part 1101 — Diagrams §165-1101.01 Buffer and screening. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. Action — Recommend Denial M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 — Zoning Ordinance, to modify the requirements for residential separation buffers for certain housing types in the RP (Residential Performance) Zoning District. He explained, residential separation buffers are required to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. Mr. Klein continued, the Board of Supervisors previously approved an amendment to the residential separation buffers requirements on December 13, 2017. He noted, the approved amendment changed the required buffer between townhome units and SFD units, and between townhome units and SF small lot units from a Category B Type Buffer to a Category A Type Buffer. Mr. Klein presented a visual of the buffer types. Mr. Klein reported, at their May 9, 2018 meeting, the Board of Supervisors expressed concern regarding the "unintended consequences' of providing relief in the buffer requirements for certain housing types as a result of the approved text amendment. He noted, specifically the Board of Supervisors cited concerns on increasing the intensity of development and the potential impact on County services. Mr. Klein shared the Board of Supervisors directed Staff to initiate the process to reinstate the required Category B Type Buffer between townhome units and SFD, and between townhome units and SF small lot units. He noted the amendment would effectively double the required buffer distance for certain housing types, back to the original requirements. Commissioner Thomas expressed concern with changing the buffer categories without a clear understanding of the issue as expressed by the Board of Supervisors. He specifically noted the concern raised by the Board regarding increasing the amount of homes that could potentially be sited on a lot and the desire of the County to ensure development was focused within the areas where growth was planned. Mr. Klein clarified the density of the RP zoned site, or 10 dwelling units per acre, was not affected by the change in the buffer requirements however, in changing the required buffer distances it may allow for the use of areas previously encumbered by buffers and therefore the reduced buffer could allow for a developer to achieve more units. Commissioner Thomas noted that possibly the issue wasn't due to the buffers, but the overall density allowed in the RP Zoning District. Mr. Klein restated the issue for consideration at the public hearing was specific residential separation buffers, but they would communicate these comments regarding density to the Board of Supervisors for future consideration. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Frederick County Planning Commission Page 3554 Minutes of June 6, 2018 Mr. William Aikens of H & W Construction and representing Top of Virginia Builders came forward speaking in opposition of the proposed amendment. He stressed that at the time of the original text amendment there was support from the development community to allow for flexibility, direct growth to planned areas as well as for use on lots where size and configuration was limited. Mr. Aikens noted this would allow for infill type development where County services were located and prevent development of residential uses in the County's Rural Areas. Mr. Jeremy Tweedie of Greenway Engineering came forward and echoed the concerns of Mr. Aikens. He noted he has made financial investments on two projects currently under review by the County and the design was based on previously approved buffer requirements and where the new text amendment would have a negative impact on this project. Mr. Stephen Pettler a local attorney came forward and emphasized the deliberate process to originally study and amend the buffer requirements in 2017 and the less thoughtful and haphazard process to revoke the text amendment which did not provide for enough discussion of potential issues with the development community. He concluded by stating that developers may look to other localities to develop residential projects if the Board choses to change the ordinance back and forth so unpredictably. Mr. Dave Holliday shared his concerns, he feels this is being pushed through inappropriately and it is sacrificing the UDA process, context, and the intent. He concluded this is not good business for Frederick County. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Oates commented the reductions of the buffer requirement, in at least one instance, had a negative effect on a neighboring property owner who now would have to look at townhomes only 25 feet from their property line. He expressed his original concern with changing the buffers in 2017. Chairman Kenney noted the Planning Commission was tasked with considering only the reinstatement of the Category B Type Buffer requirement for certain housing type and that a discussion relating to the county's density in the RP Zoning District was a discussion for later if directed by the Board of Supervisors. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Buffers and Landscaping §165-203.02 Buffer and Screening requirements; ARTICLE XI BUFFER AND SCREENING DIAGRAMS, Part 1101 — Diagrams §165-1101.01 Buffer and screening. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. Frederick County Planning Commission Page 3555 Minutes of June 6, 2018 Yes: Marston, Ambrogi, Cline, Oates, Kenney, Triplett No: Thomas, Wilmot, Dawson (Note: Commissioners Mohn, Manuel, Molden, and Unger 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 Thomas and unanimously passed. The meeting adjourned at 8:50 p.m. Respectfully submitted, 4L K m W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3556 Minutes of June 6, 2018