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HomeMy WebLinkAboutPC_03-01-00_Meeting_MinutesPr MEETING MINUTES OF THE ® FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 1, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; Gregory L. Unger, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; W. Wayne Miller, Gainesboro District; George J. Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District; Richard C. Ours, Opcquon District; Vincent DiBcnedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director/ Secretary; Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. I MEETING MINUTES - FEBRUARY 2. 2000 Upon motion made by Mr. Marker and seconded by Mr. Wilson, the minutes of February 2, 2000 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHavcn accepted the report for the Commission's information. 0 I Frederick County Planning Commission Minutes of March 1, 2000 Page 486 i -2- COMMITTEE REPORTS ® Development Review & Re2ulations Subcommittee (DRRS) - 02/24/00 Mtg. Mr. Michael T. Ruddy, Zoning Administrator, reported that discussion centered on a proposed amendment to the B2 Zoning District to allow a particular wholesale use as a permitted use. Transportation Committee - 02/29/00 Mtg. Mr. Michael T. Ruddy, Zoning Administrator, reported that the Transportation Committee discussed the 2000 Primary Road Improvement Plan. PUBLIC MEETINGS 2000 PRIMARY ROAD IMPROVEMENT PLAN FOR FREDERICK COUNTY Action - Recommended Approval Mr. Christopher M. Mohn, Planer Il, stated that the purpose of the 2000 Primary Road ® Improvement Plan is to advise the Commonwealth Transportation Board of the funding priorities for the Primary Road System in Frederick County. Mr. Mohn said that Frederick County representatives will be attending the 2000 Pre - allocation Hearings on Wednesday, April 12, 2000 at the Augusta County Government Center to present the plan to the Commonwealth Transportation Board. Mr. Mohn continued, stating that the 2000 Primary Road Plan continues to focus on the development of a new, limited access arterial corridor and improvements to existing major and minor arterial systems within the County's Urban Development Area. He said that the recommendations are consistent with the Winchester Area Transportation Study and the Interstate 81 Improvement Study and will complete the primary road system necessary to manage the traffic demands in Frederick County and the City of Winchester into the foreseeable future. Mr. Mohn reviewed each of the projects with the Commission. Mr. Jerry Copp, VDOT's resident engineer, and Mr. Norman Sparks, VDOT's assistant resident engineer, were available to answer questions from the Commission. The status of scheduled improvements to the Rt. 37/ Rt. 11/ Crown, Cork, & Seal Intersection was raised. Mr. Copp said there continues to be a problem resolving an issue between the railroad and Crown, Cork, & Seal concerning an agreed -upon crossing. He said that until this issue is resolved, it can not be advertised for improvements. Frederick County Planning Commission Minutes of March 1, 2000 Page 487 -3- ® The interchange at Rt. 277 and I -81 was next discussed. Mr. Copp said that VDOT's Chief Engineer has agreed that during the I -81 design phase, they will examine the existing interchange and a proposed design involving the relocation of the existing interchange approximately one -half mile to the south. Mr. Copp said that during the design phase for Rt. 277, they are planning an "either /or" situation, whereby they will either tie into the existing interchange or they will turn Rt. 277 south and tie into the new interchange location. Mr. Copp believed that VDOT would have their next public hearing concerning Rt. 277 in either May or June in order to finalize things and then the County will know how to proceed on their planning efforts. Members of the Commission inquired about I -81 funding and improvements. Mr. Copp said that 80 -90% of the I -81 funding is Federal and VDOT puts in the remainder. Mr. Copp spoke about the amount of money that was available and how much money is required to do the engince ring alone. Mr. Copp said that four lanes are planned, two additional lanes each way, from Papermill Road to the Stephenson Interchange. He explained that in the Staunton District, which consists of 11 counties, this project is the second priority and consists of eight miles. He said that 12 miles in Harrisonburg is the number one priority and the Rt. 669 bridge, at the truck stop, is the number three priority. Mr. Copp added that if the funding becomes available, it would be six or seven years before the project could begin. Members of the Commission commented that Frederick County may be I and in line behind all the emphasis in the northern Virginia area, as far as Federal funding is concerned. There were no public comments concerning the plan. The Planning Commission supported the Primary Road Improvement Plan as presented and ® upon a motion made by Mr. Miller and a second by Mr. Marker, the Commission unanimously recommended approval of the plan. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2000 Primary Road Improvement Plan for Frederick County. Request for a Waiver to the 50' Right -of -Way Requirement, Section 144- 31.C(3) of the Subdivision Ordinance submitted by Weichert Realtors on behalf of John W. Hanes, Jr, and John W. Hanes, III. The 29 -acre parcel is located adjacent to the West Virginia State Line and is identified with Property Identification Number 34-A-1 27A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, said that staff has received a request from Ms. Sherry Davis - Pullen, of Wcichert Realtors, on behalf of Mr. John W. Haynes, to gain an exemption from the 50' right -of -way width requirement of the Subdivision Ordinance, Section 144- 31.C(3). Mr. Ruddy explained that Mr. Haynes owns a 129 -acre parcel in the Stonewall District adjacent to the West Virginia State Line; access to this property is via a private road with a 30' right -of -way width that connects to West Virginia Rt. 28/2, and not a Virginia State road. Frederick County Planning Commission Minutes of March 1, 2000 Page 488 J Pr -4- Mr. Kris Tierney, Planning Director, pointed out that what makes this exemption request an "unusual situation" is the question of whether Frederick County could realistically expect its subdivision requirements to be adhered to in the State of West Virginia. A member of the Commission stated that the purpose of the 50' right -of -way originated when the County established the policy of requiring state - maintainod roads to serve more lots than what had been historically done in Frederick County. It was pointed out that a minimum 50' right -of -way is needed to build a state - maintained road. In this case, it is unusual simply because the fight-of-way extends through West Virginia and Frederick County could not require anyone to build a state - maintained road through any portion of West Virginia. Commission members did not have a problem with that as long as the property owner understood that he may be restricted in the number of lots that can be divided off at some point in time, simply because of the inability to build a state- maintained road. Ms. Sherry Davis - Pullen, realtor with Weichert Realtors, stated that whet she spoke with the adjoining landowners, they emphatically stated that they were not willing to sell any property for the right -of- way. She said that the landowners felt this road had existed this way for so many years and they did not see any reason to give up land to change it. I There were no citizen comments. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the granting of the exemption request to the 50' right -of -way waiver requirement of Section 144- ® 31.C(3) of the Frederick County Subdivision Ordinance as submitted by Weichert Realtors on behalf of John W. Hanes, Jr. and John W. Hanes, III. DISCUSSION ITEMS DISCUSSION REGARDING LOADING SPACE STANDARDS The Development Review & Regulations Subcommittee (DRRS) proposes an amendment to Section 165 -28, Loading Areas, which reduces several existing requirements and provides additional flexibility. No Action Taken Mr. Michael T. Ruddy, Zoning Administrator, stated that during thejoint work session of the Planning Commission and Development Review & Regulations Subcommittee (DRRS) on December 15, 1999, the two groups jointly affirmed the staff's interpretation of the Zoning Ordinance as it pertains to loading areas and, in particular, the applicable surface materials. At this meeting, the staff was directed to look at providing some flexibility for smaller industrial uses within the B3, MI, and M2 Zoning Districts. The Industrial Parks Association and several local engineering/design firms were consulted and also agreed that providing additional flexibility and a break for smaller -end uses was appropriate. He said that staff subsequently proposed an amendment reflecting those changes, which was sent to the DRRS for their January 27, 2000 meeting; however, U Frederick County Planning Commission Minutes of March 1, 2000 Page 489 -s- upon discussion of the pros and cons of paved and gravel surfaces, the DRRS favored the recommendation ® that would require paved standards for all loading spaces, as is currently required, and was opposed to the recommendation of applying less stringent standards to smaller -end users. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. John Goode with the Shockey Companies sought clarification on two areas: whether or not the requirement for driveways, isles, and maneuvering areas had to meet the same standards for parking lots; and two, whether or not the handicapped section was exempt. Mr. Goode believed there was a need to consider some of the longstanding uses, such as the Shockey Companies and Perry Engineering, because the nature of these businesses does not allow for a lot of paving. He said that the heavy equipment tears up paving fairly quickly and, in fact, aggravates other things such as stormwater management. Commissioner W. Wayne Miller, a member of the DRRS, said that it was not the DRRS's intent to require paving where there would be heavy equipment operation and there was no intention of requiring re- paving of existing areas. Mr.Tiemey stated that it may be prudent to redefine the definition of ` loading area" in the Zoning Ordinance to clarify the intent. The Planning Commission was generally in favor of the proposal and instructed the staff to incorporate the Commission's concerns into the definition and language to clarify the intent of the amendment. E DISCUSSION OF COMMITTEE STATEMENT OF PURPOSE AND MEMBERSHIP Action - Unanimously Approved Mr. Kris C. Tierney, Planning Director, stated that at the Chairman's Irequest, the staff has prepared a brief description of the Planning Commission's two current standing committees, along with some proposed language which addresses membership on the committees. The Commission discussed omitting the sentence under Membership on Committees of the Planning Commission which specified only Frederick County residents are eligible to serve. Members of the Commission said they were willing to consider "subject -matter experts" who were not residents of the County to serve on committees. Chairman DeHaven also believed that if a non - resident of the County is appointed, they should have voting status. The Commission was in favor of the remainder of the committee statement of purpose and membership as presented by the staff. Upon motion made by Mr. Marker and seconded by Mr. Kriz, 0 Frederick County Planning Commission Minutes of March 1, 2000 Page 49( I V i ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission Committee Descriptions and Terms of Membership as a policy of the Commission with the omission of the third sentence in the third paragraph stating that, "Only residents of Frederick County are eligible to serve." OTHER Committee Make -Up for Land Use Study Mr. Kris C. Tierney, Planning Director, stated that at the Planning Commission's retreat, the issue of addressing land use and regulations in the rural areas of the County was ranked as the number one priority for this year. Mr. Tierney said there was discussion about resurrecting the Rural Issues Committee for the study; however, he preferred to handle this through existing committees, due to issues. He explained that the general policy issues could be handled through the Comprehensive! Plans & Programs Subcommittee (CPPS), because the types of issues they will need to address are similar in terms of general consensus- building, and the rules and regulations needed to fulfill those goals could be developed through the Development Review & Regulations Subcommittee (DRRS). Commission members believed the makeup of the existing committees would have to be much broader and larger. They predicted this to be a tough issue and believed that many more people, involving a broad spectrum of the community such as professionals, farmers, orchardists, etc., would need to be involved. ® Public meetings were also identified as an integral part of the process. Chairman DeHaven stressed the need to develop a plan for proceeding and getting the appropriate people involved. He requested that commission members get back to him with their thoughts and ideas about the makeup of the committee. Informal Presentation to the Commission Mr. Kris C. Tierney, Planning Director, reported that a group, which is considering a large project within the County, has requested an informal discussion with the Commission to present their project. Mr. Tierney said that the group had requested a special meeting or work session. He said this group will ultimately have a formal proposal, however, the project will involve significant ordinance amendments, should the County choose to accommodate it. Mr. Tierney felt it was important for the Commission to have an idea of the scope and type of project, rather than just having the staff present numerous amendments for which the Commission has no end focus in mind. Commission members discussed the appropriateness of allowing an informal discussion for someone who will ultimately be presenting a formal application. It was mentioned that, in the past, when the Commission routinely accepted informal discussions, perceptions sometimes unfortunately developed of u Frederick County Planning Commission Minutes of March 1, 2000 Page 491 -7- commitments of approval. Due to the magnitude of this potential project, as well as the understanding that no ® commitments will be made, the Commission decided to proceed with the request; however, they preferred to have the discussion at a regular Planning Commission meeting, so that a precedent would not be set. APPOINTMENT OF GEORGE J. KRIZ TO THE TRANSPORTATION COMMITTEE i Chairman DeHaven appointed Mr. George J. Kriz to serve as the Planning Commission's liaison to the Transportation Committee. Discussion of Surface Materials in Conjunction with Loadinz Soace Standards Several questions were discussed regarding specific language in the ordinance concerning surface materials and it was pointed out that some of the wording seems to be conflicting and sometimes leads to issues and concerns. One item in particular that was pointed out in Section 165- 27(E)(1) concerned the statement that the "...parking lots shall be paved with a minimum of double prime and seal treatment or an equivalent surface..." and in another area, it was stated that the "...Zoning Administrator may determine that other hard - surface materials are appropriate for effective stonnwater management and efficient maintenance..." Although the statements seemed to leave some room for interpretation, it was pointed out that the original intention might have been for cases in which, for example, gutter or curb was needed strictly for storm water ® management, in addition to the standard paving material, and the Zoning Administrator could require it under the provisions of that paragraph. Another area of concern in the ordinance involved an M 1 use outside of an industrial park versus an M1 use within an industrial park, whereby the definition of an industrial park is tied to a master development plan (MDP). It was pointed out that large acreage within the County is designated for future industrial use and the problem arises when individual properties within that area have the ability to develop with a waiver of a MDP or individually, outside of an industrial park. These properties are not required to meet the same standards as those with a MDP and the result is a kind of "double- standard" on the type of site improvements that can be required. A concern was raised that if this was a potential "loop- hole" it will need to be addressed; the preferred option would be to have the same standards applied to the individual properties as what exists in that general area. After considerable discussion, the Commission believed that the standards should be tied to the zoning itself, instead of a definition. Members of the DRRS on the Commission said that their subcommittee would be willing to tackle the wording problems to help eliminate some of the contradictions. 0 Frederick County Planning Commission Minutes of March 1, 2000 Page 492 J i -g- ® ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by unanimous vote. Respectfully submitted, C. Charles S. DcHaven, Jr., Chairman C J 0 Frederick County Planning Commission Minutes of March 1, 2000 Page 493 L