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PC_06-06-01_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, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 2, 2001 Mr. Kriz pointed out a typographical correction on Page 4 of the May 212001 minutes. Upon motion made by Mr. Kriz and seconded by Mr. Light, the minutes of May 2, 2001 were unanimously approved as amended. COMMITTEE REPORTS Economic Development Commission (EDC) - 06101101 Mtg. Commissioner Thomas reported that the EDC discussed the following topics: a new directory CD for future distribution; a restructuring ofthe EDC with the Joint Finance Committee; the Technology Zone; and how residential and industrial development impacts are analyzed by the County. • Frederick County Planning Commission Minutes of June 6, 2001 Page 672 2- • PUBLIC HEARINGS Conditional Use Permit #01 -01 of S. Blaine Wilson and Keith A. Wilson for shale mining. The properties are located at 881 W. Parkins Mill Road and are identified with P.I.N. 76 -A -137 and 76- A -137A in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Commissioner S. Blaine Wilson and Chairman Charles S. DeHaven, Jr. both stated that they would abstain from discussion and vote, due to possible conflicts of interest. Chairman DeHaven relinquished the chair to Vice Chairman Thomas. Vice Chairman Thomas took over the conduction of the meeting at this point Mr. Eric R. Lawrence, Deputy Planning Director, read the background information and review agency comments. Mr. Lawrence said that the applicant is requesting permission to continue to operate shale mining on his property. Mr. Lawrence explained that when Mr. Wilson's operation was:initiated in 1987, the County Planning Department provided Mr. Wilson with a letter stating that he could remove shale from the property on a temporary basis; the letter further stated that if the operation became permanent, Mr. Wilson would need to apply for rezoning to EM. Mr. Lawrence pointed out that in 1987, the ordinance provided no • option of applying for a conditional use permit for shale mining. Mr. Lawrence noted that the Division of Mineral Mining (DMM), a part of the Virginia Department of Mines, Minerals, and Energy, has conducted annual inspections of the shale mining operation since 1987. He said that the mining inspector for our area, Mr. David Cress, has confirmed that Mr. Wilson's mining operation has continually been in compliance with the DMM over the past 14 years. Mr. Lawrence reported no adverse comments from any of the reviewing agencies, however, the Virginia Department of Transportation (VDOT) has stated that entrance requirements would need to be satisfied and site distance issues would need to be resolved. Mr. Lawrence said he spoke with VDOT representative, David Herommus, and the site distance issues have been resolved and they arc approaching resolution on the entrance conditions. Mr. Lawrence stated that the Planning Staff has received a number of citizen calls and has received one petition of opposition. Both the citizen calls and the petition were concerned with personal safety, the condition of Airport Road, and the condition of bridges along Airport Road. In response to those concerns, Mr. Lawrence said VDOT has confirmed that the bridge east of the site on Airport Road has been designed to accommodate 57 tons, which would be able to accommodate trucks from the site; the bridge west of the site on Airport Road was designed to accommodate 30 tons, which is questionable for handling trucks from the site. He said that the Planning Staff has recommended that trucks using the shale mining facility exit towards the east. Regarding the road itself, he said that VDOT believes the road is capable of handling the short distance traffic generated by the operation; he stated that VDOT is aware that tractor trailer traffic and other truck • Frederick County Planning Commission Minutes of June 6, 2001 Page 673 -3- traffic may be cutting through this area by way of Route 50, mistakenly believing it is the route to the Airport • Business Center. He said that VDOT will be posting directional signs on Route 50 for traffic to continue on Route 50 to Victory Lane. They will also post signs exiting the Airport Business Center area directing traffic to make a left on Victory Lane to get to Route 50. Vice Chairman Thomas inquired of the staff ifan opinion from the County's legal counsel was sought regarding whether or not this use could be considered "grandfathered" since it has been in operation for the past 14 years. Mr. Lawrence replied that the County's attorney reviewed the 1987 letter to Mr. Wilson from the Planning Department and determined that a "temporary use" was not appropriate and Mr. Wilson would have to go through the conditional use permit process. Mr. Wyatt remarked that the operation of shale mining in the Rural Areas District has never been a "permitted" land use. He said that it is now listed as a land use that will be allowed only with the issuance of a conditional use permit; therefore, there is no "vesting" or "grandfathering," or "legally nonconforming" use because it has never been a "by- right" use. Mr. S. Blaine Wilson, the co- applicant and co -owner of the property, said that in the 14 years he has been in operation, he has not received a single complaint from any of his neighbors. Mr. Wilson said that so far this year, there have been four days that trucks have been in and out of the area. Mr. Wilson added that he does not operate the excavation equipment; contractors will come in on their own, excavate, and haul away what they need. Mr. Wilson stressed the fact that the DMM inspector has the authority to close down his operation if it does not meet standards; the DMM controls his entrance road, the dust, the water, how much is disturbed, how much is reclaimed, and when the reclamation bond is released. Vice Chairman Thomas called for public comments and the following pi rsons came forward to speak: • Ms. Tammy Symons, 1937 Airport Road, said that she has counted 40 truck trips up and down Airport Road everyday of the week, including weekends. Ms. Simons was concerned about the dirt, the noise, the speed of the trucks, and the safety of other motorists and pedestrians. Ms. Symons said that Airport Road is 16 -foot wide with two major blind spots; she said that on numerous occasions, vehicles have been run off the road. Ms. Symons said she was told that a school bus had been run off the road. Ms. Symons inquired if it was possible for Mr. Wilson to have the trucks access his sight from another location. Mr. Gary O. VanMeter, an adjoining property owner at 1544 Airport Road, said that Airport Road is only 16' to 1 T wide and is too narrow for truck traffic. Mr. VanMeter preferred the trucks use Parkins Mill Road because it was wider, not nearly as curved as Airport Road, the visibility was better, and it had accessibility to Route 50 and Route 522. Mr. Christopher Fauver, 1919 Airport Road, was concerned about the safety of his children. Mr. Fauver was of the opinion that since Mr. Wilson had substantial road frontage on Parkins Mill Road, that trucks should access the shale mining by that route instead of Airport Road. Mr. Fauver said that he also was present to speak as a representative for the Isaac Walton League of Winchester. Mr. Fauver said that they have been noticing considerable mud in their lake and since it is within the same hollow as the shale mining operation, members of the Isaac Walton League were concerned the runoff was coming from the shale mining operation. • Frederick County Planning Commission Minutes of June 6, 2001 Page 674 -4- • Mr. Nickson Tumer, an adjoining property owner at 1810 Airport Road, said that his property was the main access point for the shale pit. Mr. Turner said that when shale mining is in process, he can not get in and out of his driveway and a bottleneck is created by trucks waiting to turn in. He said that trucks continually damage his lawn and driveway; he has relocated his mailbox because the tractor - trailer trucks could not make an eastbound turn. Mr. Turner was concerned about safety on Airport Road because of the speed at which the trucks travel. Mr. Turner said that he has observed up to three weeks of continuous activity on one of the heavier hauling periods, with literally 1,000 or more loads of earth being moved from sun -up until 5:00 p.m. Mr. Herman Lee Fauver, 1915 Airport Road, said that he has counted at least 70 trucks exiting the shale mining operation in one day. Mr. Fauver said that Airport Road is not wide enough to handle 10 -wheel dump trucks. Mr. William Hoogeveen, 1811 Airport Road, said that the creek that goes through his property towards Route 50 has become polluted. Mr. Hoogeveen believed the bridges along Airport Road were not in good condition and would not be able to handle the weight of 47 -ton trucks. Mr. S. Blaine Wilson returned to the podium to address some of the citizen comments that were made. Mr. Wilson said that to his knowledge, no hauling is carried out on Sundays and he would be happy to contact the haulers to ensure this. Regarding access to Airport Road, Mr. Wilson said that he could not deny truckers the use of a road when they pay road, fuel, and personal property taxes to use it. Regarding the suggestion that the site be accessed via Parkins Mill Road, Mr. Wilson explainedlthat besides it being impractical, for the past ten years that side of his property was milled and shale was hauled out on Parkins Mill • Road. He said that on this side of the property he is currently milling, he has a 30' right -of -way available. Mr. Wilson commented that he would survey and fence -in the right -of -way so that trucks stay within the right -of- way. Regarding the insinuation that pollution may be coming from his site, Mr. Wilsonisaid that he has been in compliance with the DMM for the past 14 years and the DMM is very strict in their requirements. He added that the DMM classifies his operation as "intermittent" because the shale and hauling is not conducted on a regular, daily basis. Commissioners commented that this shale mining operation has been conducted for the past 14 years and there is not likely to be anything different occurring, as a result of this CUP, than what has taken place in the past. It was pointed out that this CUP will allow Mr. Wilson to be in full compliance of County regulations. Commissioners also pointed out that the concerns of the neighbors seem to deal more with the truck traffic on Airport Road, rather than the shale mining operation itself. It was noted that the Commission relies on VDOT for road width issues, safety issues, and traffic issues and the applicant could not be held responsible for the driving conduct of truck drivers after they leave his site. Some Commission members believed that Mr. Wilson should look into the possibility of accessing the shale site from Parkins Mill Road, rather than Airport Road, as a compromise to the neighbors. They also encouraged the applicant to work with those neighbors who share the gravel right -of -way. Mr. Reyes remarked that if school buses are being run off the road, it is incumbent upon Frederick County to bring it to VDOT's attention. E Frederick County Planning Commission Minutes of June 6, 2001 Page 675 -5- Vice Chairman Thomas encouraged citizens to contact the Sheriffs Department when they witness speeding or safety problems along the road. Upon motion made by Mr. Morris and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 401 -01 of S. Blaine Wilson and Keith A. Wilson for shale mining on properties located at 881 W. Parkins Mill Road with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements, including the EM District requirements applicable to this site, shall be complied with at all times. 2. A state mining permit shall be kept current as required by the Code of Virginia. 1 3. No commercial mining operation shall occur until an approved ,DOT entrance is constructed 4. No vehicular traffic involved in the shale mining operation shall travel on )Airport Road west of the site's entrance. 5. A schematic plan illustrating the current conditions of the subject properties shall be submitted to the Planning Department within 30 days of approval of the Conditional Use Permit. A site • plan must be submitted to and approved by the County prior to further expansion of the shale mining operation. I This recommendation was approved by the following vote: YES (TO APPROVE) Triplett, Thomas, Light, Morris, Unger NO: Fisher, Kriz, Watt ABSTAIN DcHaven, Wilson (Mr. Ours was absent for this vote.) Vice Chairman Thomas turned the conduction of the meeting back over to Chairman DeHaven. • Frederick County Planning Commission Minutes of June 6, 2001 Page 676 aM. • Conditional Use Permit #06 -01 of Randall E. Kump for a welding business. This property, zoned RA, is located at 715 Pine Top Road and is identified with P.I.N. 47 -A -213 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Jeremy F. Camp, Planner II, read the background information and review agency comments. Mr. Camp stated that the applicant would like to use his existing two -car garage for his workshop. He said that the property is screened from adjoining properties by the topography and dense woodlands. He added that the applicant informed the staff that he has subcontracted several small jobs in the past to augment his income, but would now like to work full -time at his business. Mr. Camp further added that the operation is not a permitted use in the RA Zoning District without an approved conditional use permit. He next read a list of recommended conditions, should the Commission find the use appropriate. Mr. Randall E. Kump, the applicant, was present to answer questions from the Commission. Commission members believed it was too restrictive not to allow Mr. Kump to do welding outside the confines of his garage because he was located 185 feet from the road in the Gore area and considerably isolated from other uses. Commissioners believed that if Mr. Kump had'a large project to weld, he should be able to do it in his driveway without disturbing anyone. Chairman DeHaven called for citizen connnents, but no one came forward to speak. • Upon motion made by Mr. Unger and seconded by Mr. Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #06 -01 of Randall E. Kump for a Cottage Occupation for a Welding Shop at 715 Pinetop Road with the following conditions: 1. All review agency comments shall be complied with at all times. 1 2. Any outdoor storage must be kept within 15 feet from the existing garage, and must be fully screened from adjoining properties and roads. 3. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. A sign permit will need to be issued by the County Building Inspections Department prior to the placement of a sign. 4. Any expansion and/or change of use shall require a new CUP. Ll Frederick County Planning Commission Minutes of June 6, 2001 Page 677 -7- • PUBLIC MEETING Subdivision #13 -01 of Lands of Winchester North, Inc. and Brentwood Investment Company for a subdivision and boundary line adjustment to create three lots from lands totaling 7.0959 acres. This property, zoned B2, is located off of I -81, Exit 317, at the intersection with Martinsburg Pike (Rt. 11) and Welltown Road (Rt. 661), and is identified with P.I.N.s 43 -A- 50A and 43 -A -52A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Patrick T. Davenport, Zoning and Subdivision Administrator, read the background information and review agency comments. Mr. Davenport reported that the proposed subdivision and boundary line adjustment will establish three lots: 3.384 acres; 1.5347 acres, and 2.1772 acres. He said that Parcel 43 -A -50A will retain state road frontage along Martinsburg Pike; Parcel 43 -A -52A will retain frontage along Welltown Road; and the new Parcel 43 -A -52C will have state road frontage on Welltown Road and Mercedes Court. Mr. Davenport added that the applicant has satisfied all review agency comments associated with the subdivision proposal. i Mr. Richard A. Edens of Greenway Engineering was present to represent the subdivision application. There were no citizen comments regarding the proposed subdivision. • No issues of concern were raised by the Commission. , Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Department does hereby unanimously recommend approval of Subdivision #13 -01 of Lands of Winchester North, Inc. and Brentwood Investment Company for a subdivision and boundary line adjustment to create three lots from lands totaling 7.0959 acres in the Stonewall Magisterial District. • Frederick County Planning Commission Minutcs of June 6, 2001 Page 678 ZZ DISCUSSION ON THE PROPOSED MS (MEDICAL SUPPORT) DISTRICT No Action • • Mr. Evan A. Wyatt, Planning Director, stated that on May 24, 2001, the Development Review & Regulations Subcommittee (DRRS) incorporated many of the comments made at the May 16, 2001 Planning Commission meeting into the draft ordinance and he provided the Commission with a copy of the most recent proposal. The Commission and staff proceeded to discuss the land uses proposed and/or eliminated for the Medical Support (MS) District in order to finalize this subsection of the draft ordinance. The Commission and staff next discussed the design standards for the proposed MS District. Mr. Wyatt said that the DRRS will be meeting again on June of the committee is to put the draft ordinance into a final format. He said this to the Commission in the near future, possibly the Commission's second meet DISCUSSION ON SECTION 165- 31B(7)- WOODLANDS DISTURBANCE No Action Mr. Evan A. Wyatt, Planning Director, stated that the Development R Subcommittee (DRRS) was asked to revisit the issue of woodlands allow; concern lies primarily with RP (Residential Performance) District land that is he associated woodland disturbance allowances for this land. Mr. Wyatt said that the Plat a two - phased approach to address the issue with the first phase providing a waiver pr phase would be the development of a detailed ordinance that would be equitable for minimal woods as opposed to one that is heavily wooded. Mr. Wyatt presented a pre recommendation, along with sonic of the issues and concerns pertaining to the second pl for discussion. 2001 and the goal II be brought back in July. ;w and Regulations :s. He said that the y wooded and the g Staff is proposing ;ion and the second RP parcel that has ed text amendment to the Commission The Planning Commission discussed the definition of woodlands and the current trends of RP development. A comment was made that the current ordinance encourages developers to clear -cut the site ahead of time. Although a waiver provision in the RP was still desirable, the Commission's preference was to develop an innovative approach whereby developers could realize increased sale values by preserving woodlands. Possible approaches discussed were "replanting schemes," "sliding scales," and "master planning to perpetually preserve wooded areas." Mr. Wyatt said that the Planning Staff would relay the Commission's preferences to the Board of Supervisors and determine how the Board would like the Commission to proceed. Frederick County Planning Commission Minutes of June 6, 2001 Page 679 -9- L J ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:45 p.m. by Respectfully submitted, • •� Frederick County Planning Commission Minutes of June 6, 2001 Page 680 Q Evan A. Wya , Secretary A