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PC_04-21-10_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 21, 2010. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, 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: Brian Madagan, Opequon District; J. Stanley Crockett, Stonewall District; and Philip E. Lemieux, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; 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 April 21, 2010, agenda for this evening's meeting. COMMITTEE REPORTS Sanitation Authority — 4/20/10 Mtg. Commissioner Unger reported the Sanitation Authority received citizen comments from several residents of Fredericktowne, behind Martins Grocery Store, who were having problems with sewer backups. He said the Sanitation Authority is addressing the situation and engineers are trying to learn the source of the problem. Commissioner Unger reported the Sanitation Department is seeking about 200 hookups this year; approximately 187 have been acquired to date. Rainfall for March was up considerably at 5.28 inches; water production at the Diehl Plant was up 1.6 mgd, which is normal; approximately one million gallons were purchased from the City of Winchester; approximately two million gallons were derived from the Stephens City quarry, which totaled about 4.6 million gallons per day. Commissioner Unger said the Authority received a grant for $20 million for work projects; future projects include the Lutheran Home at Silverlake and projects in the Round Hill area. • Frederick County Planning Commission Page 2629 Minutes of April 21, 2010 -z- r� Northeast Land Use Plan Public Meetine at Stonewall School — 04/20/10 Mtg. Commissioner Kriz reported the meeting at Stonewall School regarding the Northeast Land Use Plan was very well attended, with approximately 150 people. Commissioner Kriz said most of the citizens were first -time attendees for Frederick County meetings. He said there were presentations by Deputy Planning Director, Michael T. Ruddy, regarding the Northeast Land Use Plan, and Deputy Director- Transportation, John A. Bishop, regarding transportation. He said various maps were on display and questions and discussion took place. Commissioner Kriz thought the meeting went very well. City of Winchester Planning Commission Chairman Wilmot reported on a discussion with the Chairman of the City of Winchester's Planning Commission, Mr, Nate Adams, in which the cross visitation of Planning Commissions be reinstated. She said both she and Mr. Adams believed there were common issues and opportunities and both commissions could benefit by attending each other's meetings. Chairman Wilmot appointed Commissioner Christopher M. Mohn as the Planning Commission's representative to the City of Winchester's Planning Commission. She said the City Planning Commission will be sending their members on a rotating basis. 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 Conditional Use Permit 902 -10 for Crane's Welding, LLC for a welding repair use at 1486 Bloomery Pike (Rt. 127). The property is identified with P.I.N. 10 -A -17 in the Gainesboro Magisterial District. Action — Recommended Approval with Conditions Commissioner Oates said he would abstain from all discussion and voting on this conditional use permit due to a possible conflict of interest. • Minutes of April 21, 2010 rage -3- Zoning and Subdivision Administrator, Mark R. Cheran, reported that welding repair businesses are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). He said the proposed business will be conducted in a newly - constructed building approximately 3,600 square -feet in size. No more than five employees and three vehicles will be used with the proposed use. He said there will be limited customers to this site, as the majority of the business is contracted off site. Mr. Cheran said the adjoining properties are zoned RA and the nearest structure from the proposed use is more than 100 feet away. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Unger had comments regarding VDOT's requirement for a commercial entrance. Chairman Wilmot commented that one of the recommended conditions states the total building area should not exceed 7,500 square feet, which is larger than the applicant's 3,600 square -foot existing building. She said the number of employees remained the same. She asked if the applicant understood this. Mr. Cheran said the applicant is fine with the number of employees. He said the square footage is the amount designated in the ordinance for a welding service. Chairman Wilmot opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz made a motion to recommend approval with the conditions read by the staff. This motion was seconded by Commissioner Triplett and unanimously passed. ® BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #02 -10 for Crane's Welding, LLC for a welding repair use at 1486 Bloomery Pike (Rt. 127), with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m., Monday through Saturday. 3. No more than five employees allowed. 4. No more than three business vehicles allowed. 5. Total building area shall not exceed 7,500 square feet. 6. All outdoor storage or repair shall be screened by a six -foot, board -on -board fence, evergreen screen or berm. 7. An engineered site plan shall be submitted and approved by Frederick County and implemented prior to operation of this business. 8. One monument sign shall be allowed on the property; sign shall not exceed 25 square -feet in area. The sign shall not exceed ten feet in height. 9. Any expansion or change of use will require a new conditional use permit. • Frederick County Planning Commission Page 2631 Minutes of April 21, 2010 -4- • (Note: Commissioner Oates abstained. Commissioners Crockett, Madagan, and Lemieux were absent from the meeting.) An Ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 604 -133 Industrial Transition District, Section 165- 604.03 Conditional Uses; Part 606 -M1 Light Industrial District, Section 165- 606.03 Conditional Uses; Part 607 -M2 Industrial General District, Section 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, Section 165- 204.24 Tractor Truck and Tractor Truck Trailer Parking. These revisions are to include truck parking in the B3, Ml, and M2 Zoning Districts. Action — Recommended Approval Planning Director, Eric R. Lawrence, reported that staff received a request to include tractor truck and tractor truck parking as a use in the M1 (Light Industrial) and the M2 (Industrial General) Zoning Districts. Mr. Lawrence said this proposed amendment has proceeded through the various review discussions and the resulting recommendation for amendment to the ordinance would allow for tractor truck and trailer parking in the B3, M1, and M2 Zoning Districts with an approved conditional use permit (CUP). He explained the CUP was included because it would allow the Board of Supervisors to permit the use in appropriate locations and not erode desirable industrial locations and would also allow the revocation of the use if the site was being used improperly. Mr. Lawrence said the Development Review and Regulations Committee had recommended the following performance criteria: the use shall be permitted as a primary use only through the approval of a conditional use permit; revised surface material requirements (paving for truck parking and gravel for trailer storage) shall be implemented; surface material must be maintained; parking areas shall not be used for inoperable vehicle storage, unlicensed vehicles, or salvaged trucks; no fuel or maintenance opportunities; requirements for landscaping shall be implemented; and a site plan will be required. Chairman Wilmot opened the public hearing by calling for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues or areas of concern 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 VI, Business and Industrial Zoning Districts, Part 604 -B3 Industrial Transition District, Section 165- 604.03 Conditional Uses; Part 606 -M1 Light Industrial District, Section 165- 606.03 Conditional Uses; Part 607 -M2 Industrial General District, Section 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, Section 165- 204.24 Tractor Track and Tractor Truck Trailer Parking. • These revisions are to include truck parking in the B3, MI, and M2 Zoning Districts. Frederick County Planning Commission Page 2632 Minutes of April 21, 2010 -5- 0 (Note: Commissioners Crockett, Madagan, and Lemieux were absent from the meeting.) An ordinance to amend 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; Section 165- 609.04 Buffers and Screening; and Section 165- 609.05 Height Limitations. These revisions are to increase the height limitations and to revise the design requirements of the HE District. Action — Recommended Approval Planning Director, Eric R. Lawrence, reported that staff had received a request from Shenandoah University, the County's current HE Zoning District landowner, to allow an increase in building heights from 45 feet up to 75 feet. Mr. Lawrence said this request went through the review committee process and it was ultimately recommended that the 75 -foot building height be allowed subject to a Board of Supervisors' waiver. He said the premise behind the waiver requirement was a consideration of the adjacent properties and the concern that the intended height increase does not affect adjacent property owners. Mr. Lawrence said additional provisions were recommended and included: additional setback requirements, if the proposed height exceeds 45 feet; landscape requirements; and FAR (floor to area ratio) requirements. He said overall, committee discussions favored the concept and believed it provided flexibility for the HE property owner, while allowing the Board to be cognoscente of • the neighbors' concerns. Mr. Lawrence also noted that Mr. Jeff Davis, of Shenandoah University, was present to answer questions. Chairman Wilmot opened the public hearing by calling for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues or areas of concern were raised by the 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 VI, Business and Industrial Zoning Districts, Part 609 HE Higher Education District, Section 165- 609.03 Yard and Design Requirements; Section 165- 609.04 Buffers and Screening; and Section 165- 609.05 Height Limitations. These revisions are to increase the height limitations and to revise the design requirements of the HE District. (Note: Commissioners Crockett, Madagan, and Lemieux were absent from the meeting.) Frederick County Planning Commission Page 2633 Minutes of April 21, 2010 l An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606 — M1 Light Industrial District, Section 165- 606.02 Allowed Uses. These revisions will include battery manufacturing in the M1 District. Action — Recommended Approval Planning Director, Eric R. Lawrence, reported that staff has received a request to include the manufacturing of storage batteries as a permitted use in the Ml (Industrial Limited) Zoning District. Mr. Lawrence said the Ml Zoning District currently permits all of SIC 36 with the exception of SIC 3691, storage batteries, and 3692, primary batteries, he said the M2 District currently allows both SIC 3691 and 3692. He noted that the battery manufacturing industry is a part of the White House's "green energy" initiative, and due to recent changes in technologies, some of the previously prohibited battery manufacturing processes are now environmentally safe. He said this amendment recognizes that some of the batteries and the associated manufacturing processes are probably appropriate in the MI Zoning District. Mr. Lawrence stated the recommendation is for the Ml Zoning District to be amended to allow SIC 3691, as a whole, which includes alkaline cell storage batteries; batteries, rechargeable; nickel cadmium storage batteries; and storage batteries (excluding lead acid batteries, manufacturing). Mr. Lawrence said that during the discussion phase at the DRRC, Planning Commission, and Board of Supervisors' meetings, there was a concern raised about the disposal of battery manufacturing residue. Upon researching the various battery manufacturing types, all processes are regulated and a special disposal facility needs to be used for any hazardous by- product; he said waste will ® not be disposed of in the regional landfill. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. The Planning Commission believed this was a forward- thinking initiative to amend the County's zoning ordinance to accommodate new technologies. Commissioner Thomas made a motion to recommend approval. This motion was seconded by Commissioner Kriz and unanimously passed. 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 VI, Business and Industrial Zoning Districts, Part 606 — M1 Light Industrial District, Section 165- 606.02 Allowed Uses. The revisions will include battery manufacturing in the Ml District. (Note: Commissioners Crockett, Madagan, and Lemieux were absent from the meeting.) i s Frederick County Planning Commission Page 2634 Minutes of April 21, 2010 -7- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:30 p.m. by a unanimous vote. Respectfully submitted, V June M. Wilmot, Chairman Eric R. Lawrence, Secretary • Frederick County Planning Commission Minutes of April 21, 2010