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HomeMy WebLinkAboutPC_09-01-93_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on September 1, 1993. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall District; Ronald W. Carper, Gainesboro District; Robert Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; John H. Light, Stonewall District; George L. Romine, Citizen at Large; and Beverly Sherwood, Board Liaison. ABSENT: James Barnett, Winchester City Liaison Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; Ronald A. Lilley, Planner II; and Kris C. Tierney, Deputy Planning Director CALL TO ORDER Vice Chairman Marker called the meeting to order at 7:00 p.m. MINUTES - JULY 21. 1993 Upon motion made by Mrs. Copenhaver and seconded by Mr. Light, the minutes of July 21, 1993 were unanimously approved as presented. MINUTES - AUGUST 4. 1993 Upon motion made by Mr. Romine and seconded by Mrs. Copenhaver, the minutes of August 4, 1993 were unanimously approved as presented. 3700 ra CANCELLATION OF COMMISSION'S 9/15/93 MEETING Since there were no development proposals pending, the Commission agreed to cancel their September 15 meeting. BIMONTHLY AND MONTHLY REPORTS Vice Chairman Marker accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CP &PS) Mrs. Copenhaver reported that the CP &PS continued their discussions on corridors. Development Review & Regulations Subcommittee (DR &RS) - 8/24/93 Mr. Thomas reported that the Subcommittee has an informal discussion item for Planning Commission later on the agenda concerning gross density in RP Districts. He said that along with density in RP Districts, the Subcommittee also discussed the definition of group homes, relating back to the Januzzi conditional use permit. Corridor Study Meeting - 8/23/93 Mr. Tierney reported that Mr. Bill Shendow, of the Chamber of Commerce, was present to discuss the Chamber's recent report on corridor appearance. There was discussion on pursuing a coordinated effort between the City and County in terms of regulations on corridors that pass through both jurisdictions. Economic Development Commission Mr. Romine reported that the EDC is reviewing committee work, particularly the work of the Visitation Committee. 3701 3 PUBLIC HEARINGS Conditional Use Permit #009 -93 of Marshal A. Ritenour for a cottage occupation to operate a fencing contracting business. This property is identified as PIN 86 -A -167 and is located on the north side of Fairfax Pike (Route 277) 2 1/2 miles east of Stephens City in the Shawnee District. Action - Tabled for 30 Days Staff member, Ronald Lilley, stated that this use would qualify as a cottage occupation as long as it was carried on wholly within the residence /garage and was not carried on at this location by more than one person other than members of the family residing on the premises. Mr. Marshal A. Ritenour, the applicant, came forward to answer questions from the Commission. Mr. Ritenour asked if it would be possible for fencing materials to be stored outdoors if they were screened from view and if it would be possible to allow off -site employees to park their vehicles at the his residence. Mr. Ritenour said that his subcontractors have 2 -3 vehicles at the most, in addition to his personal vehicles (5 -6 at the most). He added that his son -in -law works in the office. Vice Chairman Marker called for anyone in the audience wishing to speak either in favor or opposition. Mr. Jerry Bowen, co- occupant of the adjoining Nesselrodt (owner) property, came forward and said that he would not be opposed to the CUP if Mr. Ritenour would keep everything contained within the garage, but he felt this was impossible. Mr. Bowen said that there are two dual -wheel trucks and two flat -bed stake trucks on the premises, numerous employees are in and out consistently, assembly of fencing materials takes place outside, and the hours of operation varies from 7:00 a.m. to 8:00 p.m. any day of the week. Mr. Bowen felt that his residential property would be devalued by Mr. Ritenour's operation. The Commissioners were concerned about the impact of the business on adjoining residential properties. They were concerned about Mr. Ritenour's ability to contain the business, since it was such a heavy operation to be classified as a cottage occupation and because of the narrow shape of the lot. They informed Mr. Ritenour that all equipment and materials must be stored inside or screened from view per requirements in the zoning ordinance. They also felt that the hours of operation would need modified. Mr. Thomas moved that the Commission table the application for 30 days to allow time for the Commissioners to visit the site. This motion was seconded by Mr. Light and approved by the Commission. (Mr. Golladay abstained) 3702 H BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby agree to table Conditional Use Permit #009 -93 of Marshall A. Ritenour for 30 days (until October 6, 1993) in order to give the Commissioners time to visit the site. Rezoning Application #002 -93 of the Unimin Corporation to rezone 211.5 acres from RA (Rural Areas) to EM (Extractive Manufacturing) for the operation of silica sand mining. This property is identified by PIN #38 -A -14 and is located east of Back Creek Road (Route 704), southwest of Gore, in the Back Creek District. Action - Tabled for 60 Days Staff member, Kris Tierney, reported that the proposed rezoning would result in a total of approximately 950 acres of EM zoned land in the Gore area. He said that the application states that there will be no increase in mining operations as a result of the rezoning, however, the proposed zoning will allow for mining further into the existing sand deposits. Mr. Tierney said that mining operations are regulated by the Division of Mines, Minerals, and Energy (DMME) and the Department of Environmental Quality (DEQ). He said that these two agencies will oversee operations of the mine in terms of worker health and safety, stormwater management, reclamation, and blasting. He added that the DMME requires an Erosion and Sedimentation Plan and a Reclamation Plan as well as bonding to insure reclamation of the site. Mr. Douglas Swift, with Swift & Buchbauer, Attorneys at Law, was the local counsel for the applicant. Mr. Swift introduced Ms. Susan Armentrout, Senior Environmentalist; Andrew Bradley, Corporate Counsel for Unimin Corporation; and Charles Baldwin, Plant Manager. Ms. Armentrout presented a proffer statement from the Unimim Corporation stating that: 1) No active quarrying or direct placement of overburden materials shall occur within 500 feet of either the present location of Route 704 or any currently existing dwelling; and 2) No active quarrying or direct placement of overburden materials shall occur within 100 feet of the present location of Back Creek. The Commissioners had questions on the pit depth in relation to Back Creek. Mr. Baldwin said that they would not mine beneath the water table. Commissioners also had questions on Unimin's reclamation efforts and schedule. Using overhead slides, representatives of Unimin pointed out the areas of the site that have already been reclaimed. Chairman Golladay called for persons in the audience who wished to speak either in favor or opposition to the rezoning. The following persons came forward to speak in opposition: 3703 5 Mr. John Eversole, resident of Gore along the Back Creek Road, was opposed to the rezoning for the following reasons: 1) he said that the county had just recently placed restrictions on subdividing to limit development in this area of the county and he felt that approval of this rezoning contradicted that intent; and 2) the expansion of the mining operation would lead to further degradation of the environment. Mr. Eversole said that if the rezoning was approved, the following items should be considered: 1) an environmental study needed to be done by the EPA; 2) no egress should be permitted to Rt. 704, south of Rt. 632; 3) no new wells should be permitted; 4) the amount of water used should be verified and no increase of water usage should be permitted; 5) a definite schedule of reclamation should be set and followed. Mr. W. C. Jeunette, resident of Gore, said that his main concern was the impact of the mining operation on Back Creek and the residents of Gore. He felt it was Unimin's responsibility to clean up the mess that had been created along Back Creek over the past years before any additional land was rezoned. Mr. Jeunette also had concerns about noise, silt washing into Back Creek with every rain, dust pollution, and trash left by kids going on to the property. Mr. Clark Nail, resident of Gore, presented photographs of Back Creek. He said that the photographs vividly show sand and silt going into Back Creek. Mr. Nail said that sand runs into the creek with each rain and he felt that Unimin Corporation's operation was the source of the pollution and they should be responsible for cleaning it out. Mr. Nail said that the residents along Back Creek are worried about being flooded out because the creek bed is filled with sand and silt. Mr. Sherwood Bryant, resident of Gore, also felt there was a water pollution problem. He also had concerns about the location of the proposed silt pond. Mr. William Wolford, resident of Gore and owner of adjacent property, was concerned about the degradation of Back Creek. Mr. Wolford said that after it rains the creek is yellow. He said that there used to be fish in the creek, but not anymore. Mr. Wolford was concerned about flooding in the community of Gore. He felt that the various "muck ponds" on the property were dangerous because they were similar to quicksand and none of them were fenced. Mrs. Armentrout said that she realized there was a sediment control problem towards Back Creek and that she has discussed the situation with David Crouse of the DMME. Mrs. Armentrout said that they are taking steps to alleviate the problem and discussed their stormwater management plan. Mrs. Armentrout said that the overburden tops are sloped so they drain back into the quarry. The outslopes, however, will still be exposed to rainwater and will run towards Back Creek. That water will be treated before it enters Back Creek by means of a settling pond or dike equipped with a manual valve to control outflow. She said that the plan and construction of the dike will need to be approved and regulated by the DMME and the DEQ. Mrs. 3704 9 Armentrout said that their plans for the dike have already been submitted and they are waiting for DMME approval. The Commissioners were concerned about the problems described by the residents of the community and felt it would be helpful if they collectively visited the site. It was also suggested that representatives of Unimin Corporation meet with the Gore community to discuss concerns. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application x/002 -93 of the Unimin Corporation for 60 days so that the Commission can arrange to collectively meet at the site. An amendment to Chapter 144 of the Frederick County Code, Subdivision, Article VI, Plan Requirements and an amendment to Chapter 165 of the Frederick County Code, Zoning, Article V, RA (Rural Areas) District, Section 165- 54D(1), Rural Preservation Lots. Mr. Miller said that the staff has recently discovered some inconsistencies in the language of the minor rural subdivision and rural preservation lots in the subdivision and zoning ordinances. The Commission and staff discussed the changes proposed. There were no public comments. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the amendment to Chapter 144 by deletion of the following language: 144- 39A(8) In the case of a lot being created under the provision for a one -time division (Section 144 -31B of this chapter), a statement certifying that only one (1) such parcel of land has been or is being divided from the original parcel of land as it was recorded before February 13, 1974. Upon motion made by Mr. Shenk and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the amendment to Chapter 165 by deletion of the following underlined language: 3705 7 165 - 541)(1) Rural Preservation Lots Within the RA (Rural Areas) District, lots as small as two (2) acres shall be permitted on tracts over twenty (20) acres in size, subject to the .provisions of section 165 -52B and the following... Discussion regarding revisions to development review fees for Variances /Appeals, Conditional Use Permits, and Minor Site Plans. Mr. Miller said that the staff and the DR &RS believes that some of the review fees need to be examined because they were far below the actual cost of processing. Mr. Miller presented the cost figures for processing various applications and the fees currently charged by Frederick County as compared to surrounding jurisdictions. The Commissioners were concerned about the substantial increase all at one time in the fees proposed and that the fees should have been increased progressively over the years. it was pointed out that it was not desirable for the citizens of Frederick County to subsidize a bill for someone who is seeking a conditional use permit. It was also pointed out that the increase would bring the fees more in line with what other jurisdictions charge. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously direct the staff to advertise revisions to development review fees for the next available public hearing. Administrative Approval for VDO- Yazaki Site Plan Staff noted that a site plan was submitted by VDO- Yazaki for four small concrete pads, two 36' silos, and a chiller room to be added to their current facilities. Since the Planning Commission's September 15 meeting is being cancelled, the staff was asking permission to administratively approve the plan. Upon motion made by Mr. Romine and seconded by Mr. Light, the Planning Commission instructed the staff to proceed with administrative review and approval of the VDO- Yasaki Site Plan. (Mr. Golladay abstained) 3706 Informal Discussion Regarding the Overall Gross Density in the Residential Performance (RP) Zoning District. Mr. Thomas said that recently, the Commission has been faced with reviewing a number of proposals for small, adjacent parcels containing all multi- family units which results in extremely dense areas which significantly impacts infrastructure. Mr. Thomas said that the DR &RS is currently reviewing the issue of overall gross density in the RP District and trying to find ways to encourage "mixed -use" development. Mr. Thomas discussed initial steps that the DRRS believes could be taken to address the problem that involves the statement of intent and the language pertaining to gross density. The Commission was in agreement with the suggestions presented by the DR &RS, but felt that "home - building" groups needed to be involved in the discussions. Chairman Golladay instructed the staff to advertise the ordinance revisions for the next available public hearing. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:50 p.m. Respectfully submitted, Watkins, Secretary W. Golladay, 3707