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PC_08-03-11_Meeting_MinutesMEETING MINUTES 0 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 August 3, 2011. 1 PRESENT: June M. Wilmot, Chairman /Member at Large; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, 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 O. Crosen, Back Creek District, Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Bill Wiley, City of Winchester Planting Commission Liaison. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta,l Clerk. CALL TO ORDER & ADOPTION OF AGENDA i Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced an addition to this evening's agenda, which would be Item #8, Tab E, discussion of a proposed ordinance amendment concerning lot sizes and setback requirements for public utilities. I I Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the August 3, 2011, Planning Commission agenda with the additional item as noted. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of June 15, 2011 were unanimously approved as presented. CJ Frederick County Planning Commission Page 2784 Minutes of August 3, 2011 -z- • COMMITTEE REPORTS Transportation Committee - 7/25/11 Mtg. Commissioner Oates reported the Transportation Committee discussed four items: 1) Discussion of speeding concerns on Back Mountain Road; 2) Recommended approval of a resolution for improvements to Route 277: 3) Discussion of the MPO's Long -Range Plan Update; and 4) Recommended the staff pursue acquiring Tiger Grant money. Sanitation Authority — 7/19/11 Mtg. Commissioner Unger reported water usage of 2.5mgd from the Diehl Plant; 2.4mgd from the Anderson Plant; and.7mgd purchased fi the City of Winchester; the daily average use is 5.7mgd. Commissioner Unger reported that Frederick County is filing a violation against Stephens City for the continuing problem of rags obstructing the sewer lines. The Authority has begun the process of searching for leaks in the water lines and they are working to correct those problems. In addition, a construction company hit and ruptured a fire plug and an estimated 4.5mg of water was lost. Work is being done to place covers on the tanks at the Parkins Mill Plant in an attempt to eliminate odor problems. Development Review & Re2ulations Committee (DRRC) — 07/28/11 Mtg. Commissioner Unger reported that the DRRC discussed four items: l) Continued with discussions on revising landscaping requirements; 2) Discussion on revisions to the riparian buffer requirements; 3) Discussion on revisions to the lot size and setback requirements for lots created for public utilities: and 4) Discussion on use additions to the RA and RP Zoning Districts. City of Winchester Planning Commission Mr. Bill Wiley, City of Winchester Planning Commissioner, reported that the Planning Commission for the Cite of Winchester adopted a resolution supporting the recommendation for a Millwood Avenue Traffic Diversion Study and forwarded the resolution on to Council. He said the motion passed three -to -two. • Frederick County Planning Commission Page 2785 Minutes of August 3, 201 1 -3- • CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. PUBLIC HEARING DRAFT UPDATE OF THE 2012 -2017 PRIMARY & INTERSTATE ROAD IMPROVEMENT PLANS FOR FREDERICK COUNTY The Primary and Interstate Road Improvement Plans establish priorities for improvements to the primary and interstate road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and the Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the Frederick County Transportation Committee endorsed the Primary and the Interstate Road Improvement Plans at their meeting on June 13, 2011. Mr. Ruddy began by reviewing the key priorities of each of the plans. He said the Interstate Road Improvement Plan highlights five major priorities, including: 1) Improvements to Interchange 310 at Kernstown; 2) Relocation of the Stephens City interchange, Exit 307, further south; 3) Widening of 1 -81 from Fairfax Pike to Route 37 North; 4) Widening the remainder of 1 -81 through Frederick County; and 5) Spot improvements on I -81 at various interchanges to increase capacity and /or enhance safety. Mr. Ruddy reported that the Primary Road Improvement Plan is similar to previous years with the Route 37 Bypass, in three phases, being the top priority: Phase I would be from I -81 South over to Front Royal Pike (Rt. 522 So.); Phase II would be from Route 37 in the north around Stonewall Industrial Park around to Route 7; and Phase III would be from Route 7 all the way down to Route 522 South. Mr. Ruddy said the second priority of the Primary Road Improvement Plan is Route 277, East of Stephens City, in two phases; the third priority includes the Route I1 project, both north and south of Winchester, and the fourth priority is the South Frederick County Parkway in the area around Route 277. He said the fifth priority is the long - standing desire to have commuter park and ride lots within the primary road improvement areas. Chairman Wilmot called for public comments at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. A motion was made by Commissioner Kriz and seconded by Commissioner Triplett to recommend approval of the update of the Interstate and Primary Road Improvement Plans to the Board of Supervisors. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the Draft Update of the 2012 -2017 Primary and Interstate Road Improvement Plans for Frederick County. The Primary and Interstate Road Improvement Plans establish priorities for • Frederick County Planning Commission Page 2786 Minutes of August 3, 2011 -4- improvements to the primary and interstate road networks within Frederick County. The priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for • consideration. (Note: Commissioner Thomas was absent from the meeting.) PUBLIC MEETING Rezoning Application #01 -11 of Carmeuse NA (North America) — Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). These properties are further identified by P.I.N.s 44 -A -83, 44- A -83A, and 33 -A -144 (portion of). Action — Recommended Approval AND Request of Carmeuse NA (North America)- Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, for a waiver from the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts. The requested waiver concerns Part 608, Extractive Manufacturing (EM) District, Section 165- 608.05 Setback and Yard Requirements, particularly Sections 165- 608,05(A)(2), 165- 608.05(B)(1), and 165- 608.05(B)(2), to allow the setback requirement to be reduced from 200 feet to 50 feet. The I properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). The properties are further identified with P.I.N.s 44 -A -83, 44 -A -83A, and 33 -A -144 (portion of). Action — Approved Commissioner Crockett said he would recluse himself from all discussion and voting on both the rezoning and the waiver because he is a member of the Sanitation Authority Board, which could present a conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported the Planning Commission will be discussing both the rezoning and the waiver at the same time, although the waiver requires only Planning Commission approval and does not require Board of Supervisors' action. Mr. Ruddy stated that the Planning Commission tabled both the rezoning and the waiver request for 45 days at their meeting on June 15, 2011, to allow the applicant time to address the issues identified by the Planning Commission and to revise their proffers. u Frederick County Planning Commission Page 2787 Minutes of August 3, 2011 -5- • Mr. Ruddy stated that the Planning Commission had identified several issues at their meeting on June 15, 2011, as follows: 1) Right -of -way for the planned expansion of Route I 1 consistent with the Northeast Land Use Plan; 2) Acreage for a future Fire and Rescue facility consistent with the Northeast Land Use Plan; 3) Access to water for future citizens of Frederick County; 4) Primary access of mining operation to Route 11 as opposed to Brucetown Road; and 5) Close proximity of the excavation pit to adjoining residential properties. Mr. Ruddy stated that the applicant has provided a revised proffers statement, dated July 12, 2011, which includes: 1) The provision for the dedication of 20 feet across the property whenever a demand is made for the same by Frederick County or VDOT for the planned expansion of Route 11. Mr. Ruddy noted that the dedication would be from within the proposed 50 -foot setback, potentially reducing the buffer along Route I 1 to 30 feet. 2) The provision for an entrance on Route 11, provided the entrance is approved by Frederick County or VDOT. Mr. Thomas (Ty) Moore Lawson, P.C.. with the law firm of Lawson & Silek, P.L.C., was representing Carmeuse Lime & Stone and came forward to review the revisions to the applicant's proffers. Mr. Lawson said they do not intend to provide an entrance on Route 1 I because VDOT was clear they do not want additional entrances on Route 11. Mr. Lawson said language was added to provide flexibility, if there is some agreement between the county and VDOT in the future. Regarding additional right -of -way for the potential future widening of Route 11, Mr. Lawson said they have allowed for 20 feet within their existing buffer to be dedicated upon demand. He pointed out the trees will still be provided, but not on the 20 -feet that may be dedicated and the trees adjacent to the residences will remain. Mr. Lawson said the berm is the same as previously indicated and language was also added to maintain the existing vegetation. Mr. Lawson noted that the berm with landscaping is very effective in controlling noise as opposed to a distance buffer alone. Mr. Lawson spoke about the extensive efforts to meet their • neighbors to determine and resolve issues. Commissioner Kriz asked the applicant how many years it would be before mining takes place next to the residential properties. Mr. Lawson said at this point, they don[t know; he said everything is market- driven and activity has been slow in the last couple years. Mr. Lawson said there is no immediate plan and it will be well into the future. However, Mr. Lawson said they did agree, after meeting with the neighbors, to go ahead and plant the trees within a year so the trees would have an opportunity to mature before the operation begins. Chairman Wilmot announced that a public hearing was held for this rezoning application at the June ] 5, 2011 meeting; however, she invited anyone from the audience who wished to speak further to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates said he was not so much opposed to the rezoning as he was against the waiver request. He stated Ire had conversations with a couple of the neighbors who live across from the Stonewall School. They were not opposed to the rezoning, but they did have concerns with the reduced buffer; they preferred to have the original 200 feet and plant their own trees. Commissioner Oates said he was concerned about the quarry pit wall coming to within 50 -feet of residential properties and he thought a 30 -foot buffer along Route 11 was insufficient. Commissioner Oates was also concerned there had not been an offer by the applicant in recognition of the fire and rescue facility. Regarding a guarantee for future water supply, Commissioner Oates said he was not greatly worried about this issue because the County could always claim eminent domain. Regarding the entrance on Route 11, Commissioner Oates said he wasn't looking for flexibility; he was looking for that proffer to be removed • Frederick County Planning Commission Page 2788 Minutes of August 3 2011 entirely. He said he would like to see the quarry trucks come out either around the fairgrounds, with the possibility of a shared signal with the fairgrounds, or Walters Mill Lane to the south, because the concrete plant already uses that access and a considerable amount of money has been spent for improvements there. He preferred not to have trucks using Brucetown Road. Commissioner Unger concurred with Commissioner Oates in saying the dedication of right -of -way for Route 1 I was insufficient; he was also opposed to an excavation pit within 50 -feet of someone's residence. Chairman Wilmot noted the applicant had identified other uses in extractive manufacturing and proffered one of the uses out; however, it still leaves a selection of other uses that would be allowed. She stated that if the applicant does not use Route I 1 for truck traffic, then the current traffic volume on Brucetown Road needs to remain the same. Chairman Wilmot said there needs to be a limit on the number of trucks because other future permitted uses could increase the volume. Commissioner Triplett said he heard that it's possible that the quarry would work with Clearbrook Volunteer Fire & Rescue Company, without the County being involved, for some property. Corn inissioner Triplett asked if anyone else had heard that. The President of the Board of Directors of the Clearbrook Volunteer Fire & Rescue Company, Lloyd Winters, said the Clearbrook Volunteer Fire & Rescue Company and the quarry owners have come to a mutual agreement regarding a land exchange at a future date. Commissioner Oates asked if Clearbrook Volunteer Fire & Rescue Company had the agreement in writing and Mr. Winters said yes. Commissioner Oates asked if this contract could be presented to the Board of Supervisors. Mr. Lawson interjected that this agreement is between two private property owners. Commissioner Oates said a new fire and rescue facility is, nevertheless, on the County's Capital Improvements Plan (CIP) and if the Clearbrook Volunteer Fire Department is not interested in being on the plan, they should indicate such. Mr. Winters said although they are not anticipating anything happening in the near future regarding the CIP, they would prefer to remain on that list, along with keeping their agreement with the quarry owners, to see how things work out in the future. Commissioner Madagan asked Mr. Winters if he was comfortable with the agreement they have with the quarry owners and Mr. Winters replied yes. Commissioner Mohn commented that the value of being on the CIP is not purely about the property and trying to get a new site, but it also legitimizes public proffer funds being directed towards that fire company. Commissioner Mohn said whether or not an agreement is made between the two parties does not mean they should or should not be on the CIP. He believed the fir e company should be on the CIP because they are providing a public service and should be able to benefit from any proffer funds that are collected. Commissioner Mohn said in his opinion, the mutual agreement between the fire company and the quarry is a private agreement; it doesn't mean the county should back off expecting proffer commitments from other applications that would go towards supporting this fire company. Chairman Wilmot asked if the County Attorney had seen the latest edition of the applicant's proffers. Mr. Ruddy replied that the County Attorney has reviewed both the July 12, 2011 edition and the signed version; however, he has not seen Exhibit 2, which was handed out to the Commission this evening. Mr. Ruddy said Exhibit 2 is part of the proffer package which depicts the changes Mr. Lawson referred to showing the buffer and trees. Mr. Ruddy added that prior to Exhibit 2 received today, Mr. Williams did not have any issues with the legality of the proffer statement. i Frederick County Planning Commission Page 2789 Minutes of August 3, 2011 Mr. Lawson returned to the podium for some final comments. Mr. Lawson thought it was important to note that the Commission has not heard any complaints, issues, or concerns from the • neighbors. He believed this was a testament to the efforts of the applicant to meet and work with the neighbors. He also believed it demonstrated that the quality of the beans and landscaping proposed was more than sufficient to provide a comfort level to the neighbors about any noise they would experience. He said the fact that the neighbors have not come in and objected speaks volumes. Mr. Lawson next spoke about the waiver request. He said they have demonstrated that if the right -of -way needs to be expanded, there will be an extensive buffer in terms of footage and quality. He pointed out that the expansion of the Route I I right -of -way does not mean there will be asphalt all the way over to include that 20 feet; he said there will be ditching, drainage, and landscaping. With regard to the fire and rescue company, he said the CIP contains a provision for land for the fire and rescue facility and that is what the applicants have done. He said they are working with the service provider that has been in this area for many years. With regard to access to future water supply, the applicant has an agreement with the Sanitation Authority; he said the applicant has abided by that agreement in the past and will continue to abide by that agreement in the future. With regard to several of the Commissioners 'desire to have an entrance on Route 11, Mr. Lawson stated this is contrary to what they've heard from VDOT and as a result, they will remain with their existing entrance. However, a provision is available and if some future body wants to approve an entrance on Route 11, the opportunity is there. Regarding the number of truck trips on Brucetown Road, Mr. Lawson stated that at the scoping session with VDOT, was agreed the applicant didn't need to do the typical traffic impact study because this is a continuation of an existing operation including all by -right uses. He said this rezoning is about 92 acres and they have 1,000 acres of EM land; he said by -right uses have been proffered out of the 92 acres. He said they will be doing the same level of excavation, but only in a different place. Commissioner Oates said if all the neighbors are on board with this reduced buffer, then • he could go along with it; however, the neighbors that contacted him were not present this evening. They were concerned about how close the excavation would come to their property and they would much rather keep distance at 200 feet. Commissioner Oates said he had a lot of concern over having a quarry wall within 30 feet of the right -of -way of Route 11. Commissioner Oates made a motion to dery the waiver and this motion was seconded by Commissioner Unger. The motion failed, however, by the following majority vote: YES (TO DENY WAIVER) Lemieux, Kriz, Oates, Unger NO: Mohn, Triplett, Madagan, Wilmot, Manuel, Ambrogi. Crosen ABSTAIN Crockett (Note: Commissioner Thomas was absent from the meeting.) 11 Frederick County Planning Commission Page 2790 Minutes of August 3, 2011 A new motion was made by Commissioner Mohn to approve the waiver request for the • modified buffer. This motion was seconded by Commissioner Triplett and passed by the following majority vote: YES (TO APPROVE WAIVER) Mohn, Triplett, Madagan, Wilmot, Manuel, Ambrogi, Crosen NO: Lemieux, Kriz, Oates, Unger ABSTAIN Crockett (Note: Commissioner Thomas was absent from the meeting.) Commissioner Oates next made a motion to recommend approval of the rezoning with an additional recommendation to the Board of Supervisors that they work to resolve the issue with the Clearbrook Volunteer Fire and Rescue Company. This motion was seconded by Commissioner Kriz and passed by the following majority vote: YES (TO REC. APPROVAL OF REZONING) Mohn, Lemieux, Triplett, Kriz, Madagan, Wilmot, Oates, Manuel, Ambrogi, Crosen NO: Unger ABSTAIN Crockett • (Note: Commissioner Thomas was absent from the meeting.) BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 401 -11 of Carmeuse NA (North America)—Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92 acres, located at 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers and with the additional recommendation that the Board of Supervisors work to resolve the issue with the Clearbrook Volunteer Fire and Rescue Company. DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT REGARDING LOT SIZES AND SETBACK REQUIREMENTS FOR PUBLIC UTILITIES Planning Director, Eric R. Lawrence, stated the Development RevieA" and Regulations Committee (DRRC) discussed this proposed ordinance amendment at their meeting on July 28, 2011. Mr. Lawrence said the DRRC endorsed the amendment with minor changes and recommended it be sent to the Planning Commission for discussion. Mr. Lawrence stated the request is to establish an opportunity for the zoning administrator to work with an applicant for public utility sites to determine the appropriate lot size, as well as the setback. He said the draft ordinance limits this to political subdivisions, municipal is Frederick County Planning Commission Page 2791 Minutes of August 3, 2011 I'm corporations, VDOT, the Frederick - Winchester Service Authority, or the Frederick Comity Sanitation Authority, Mr. Lawrence noted that the lots would be exempt from the individual on -site sewage disposal system requirements and they would have a minimum access of 15 feet. Commissioner Unger asked if there were pump stations throughout the county that were not legal. Mr. Lawrence replied that almost always, infrastructure for public utilities is occurring within our development areas and is identified on master plans and subdivision design plans. He explained that through that process, the Board of Supervisors is seeing and endorsing those and, therefore, it is an inherently- approved lot. However, there have been occasions where the staff will be working on something the Board is not involved in because they would not be reviewing the master plan or the subdivision design plan. For example, if the FCSA is trying to upgrade a system, or VDOT is doing a road improvement, this is not necessarily a Board review. Mr. Lawrence said this is where the staff has run into a limitation. He said this ordinance amendment would capture those few instances that occur. No other questions or issues were raised. Mr. Lawrence said this proposed amendment will Qo to the Board of Supervisors for discussion on September 14, 2011. CANCELLATION OF THE COMMISSION'S AUGUST 17, 2011 MEETING Chairman Wilmot announced there were no pending items for the Commission's August 17, 2011 meeting. Upon motion made by Commissioner M and seconded by Commissioner Madagan, the meeting of August 17, 2011 was canceled by a unanimous vote. • ADJOURNMENT No further business remained to be discussed and upon motion madeiby Commissioner Kriz and second by Commissioner Manuel, the meeting adjourned at 8:05 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman V ri,awrence, Secretary lJ Frederick County Planning Commission Page 2792 Minutes of August 3, 2011