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HomeMy WebLinkAboutPCMinutes2023December6 Frederick County Planning Commission Page 4077 Minutes of December 6, 2023 MEETING 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 December 6, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Justin Kerns, Stonewall District; Charles E. Triplett, Gainesboro District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; Patricia Taylor, Secretary. CALL TO ORDER Chairman Jewell called the December 6, 2023 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Orndoff the Planning Commission unanimously adopted the minutes from the September 20, 2023 and October 4, 2023 meetings. ------------- 4 Frederick County Planning Commission Page 4078 Minutes of December 6, 2023 COMMITTEES Frederick Water – Mtg. 11/21/23 Chairman Jewell reported the Board accepted the Frederick Water FY 2023 Audited Financial Statements by Brown Edwards & Company; the auditor did not detect any matters of concern. He shared, Frederick Water, in coordination with County Administration, declared a Drought Emergency on November 15, 2023. This Drought Emergency declaration is aligned with and in response to the Virginia Department of Environmental Quality (VDEQ) groundwater monitoring for the region. Groundwater levels in the region have continued to drop since March 2023. Groundwater not only supplies Frederick Water’s public water system but also Frederick county’s residents who utilize private wells for their water. Everyone in Frederick County should be aware of the drought impacting our community, and everyone should practice water conservations. Board of Supervisors – Mtg. 11/08/23 Supervisor Lockridge, Board of Supervisors Liaison, reported Dover Hill Crossing REZ #04-23 was denied, and Getaway House CUP #09-23 and Carmeuse REZ #03-23 were both approved. ------------ CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- Commissioner Brannon made a motion to postpone the (4) CPPA requests to allow newly elected officials time to become familiar with these items. The motion failed. Wyatt G. Pearson, Director, shared the 2023 Comprehensive Plan Amendment Process. With requests to amend the Plan, applicants should demonstrate any change in land use designation, density, or intensity: • Would it benefit the public health, safety, and welfare. • Is it consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. • Will not be detrimental to uses of property in the immediate vicinity of the subject property. • Has merit and value for the community as a whole. • Will result in benefits (fiscal, aesthetic, employment, etc.) that will outweigh any significant impact of the change. He explained the Planning Department accepts applications annually (due June 1st); CPPC initial review and recommendations were July 10th, 2023; Joint Board and Planning Commission Work Session held August 15th, 2023; out for agency comments; CPPC consideration Planning Commission Public Hearing and then Board of Supervisors Public Hearing. 5 Frederick County Planning Commission Page 4079 Minutes of December 6, 2023 PUBLIC HEARING CPPA #01-23 Madison II, LLC Designation of a new non-contiguous Urban Development Area (UDA), and Land Use Designation Change, for parcel 87-A-15. Action – Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Wyatt G. Pearson, Director, reported this is a request to establish a new UDA around the property in question and change a portion of the land use designation from Mixed Use Industrial/Office and Industrial to Neighborhood Village. The 149-acre property is at 1702 Fairfax Pike, which is located south of Fairfax Pike (Route 277) and a little over a mile west of Route 277 and Route 522 intersection (Double Tollgate area). The Lake Frederick development borders the property to the south and the east. He shared a zoning map of the property and surrounding area. Mr. Pearson presented the Southern Frederick Area Plan Proposed Changes: • Non-Contiguous Urban Development Area Inclusion • Mixed Use Commercial Office (remains the same) • Mixed Use Industrial Office to Neighborhood Village • Neighborhood Village (remains the same) • Industrial to Neighborhood Village Mr. Pearson displayed various land use designation maps and proposed designation maps. He noted changes in the text amendment: Conceptual ties to Lake Frederick; Inter-connectivity to adjoining development; and Commercial areas ideal for medical uses. Mr. Pearson shared relevant agency comments: Frederick County Public Schools only has capacity at the Middle school level currently; Frederick Water may be able to serve the property with sanitary sewer soon (2026); and VDOT anticipates that the project may generate less traffic than the current planned uses (industrial and mixed-use industrial office) additional study of impacts and potential offsets would occur during a rezoning consideration. He concluded with Staff Conclusions: Industrial designated property is too small to develop with viable uses, and office uses are becoming increasingly unlikely to be supported by market demand on the current planning horizon; If the application has merit otherwise, a non-contiguous UDA that includes Lake Frederick and guides development to occur in a manner that integrates with and complements that community may be advisable. Commissioner Thomas asked what if any are the unintended negative consequences that could arise down the road. Mr. Pearson stated the only thing is it might encourage others to expand the Comprehensive Plan surrounding this area. Commissioner Stowe asked how far this proposal from the UDA is and does this help the second entrance to Lake Frederick. Mr. Pearson explained it is about a half mile and it does not affect that second entrance. Craig George, with Valley Engineering came forward and addressed questions. He noted the idea is for roughly 800 mixed use housing units (10 per acres). Commissioner Aikens stated that the decision tonight is to change the Comprehensive Plan and put it in the UDA and not focus on density. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. 6 Frederick County Planning Commission Page 4080 Minutes of December 6, 2023 Diane Fansler of the Opequon District and Jeffrey Hoyt of the Shawnee District came forward and share their concerns with the water issues this could create; the traffic that will be generated; Fire and Rescue access; and the already present overcrowding in the schools. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas state the concerns brought forth are not relative to the action that is needed to be taken tonight. Commissioner Aikens agreed. Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of CPPA #01- 23 Madison II, LLC; Designation of a new non-contiguous Urban Development Area (UDA), and Land Use Designation Change, for parcel 87-A-15. Yes: Brumback, Stowe, Molden, Thomas, Jewell, Orndoff, Aikens, Kozel No: Brannon Abstain: Manuel (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). CPPA #02-23 Jordan Springs Expansion of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), and Land Use Designation Change, for parcels 44-A-294A and 44-A-294 totaling 231.92 acres. Action – Recommend Denial Wyatt G. Pearson, Director, reported, this is a request to expand the SWSA and UDA and designate the future land use classification to Residential. The properties are located on the north and south sides of Jordan Springs Road to the west of Woods Mill Road, with the larger parcel 44 -A-294A partially bounded on the east by Woods Mill Road. The Snowden Bridge subdivision boarders parcel 44-A-294A to the west. The zoning district is RA (Rural Areas), B2 (General Business), and HA (Historic Area Overlay). He shared a draft SWSA and UDA Amendments Zoning map. Mr. Pearson presented the Northeast Land Use Plan Designation Changes: Inclusion in the SWSA and UDA; Rural Area to Residential; and Business to Residential. He noted, the property known as Historic Jordan Springs, the entirety of which has recently been added to the UDA, has been identified as a potential location for an age fifty-five (55) and older age-restricted community that incorporates the historic hotel building as a community center with active adult amenities and associated assisted living and long-term care facilities. This use for the property would accomplish the objectives of preserving the historic and natural resources located on the property. Mr. Pearson shared the current long range land use map and the proposed long range land use map. Mr. Pearson explained the relevant agency comments: Frederick County Public Schools if age restricted then no concerns; Frederick Water is likely able to serve the proposed use; VDOT anticipates a substantial increase in traffic on Jordan Springs Road, but that the road may be capable of handling it; and the Historic Resources Advisory Board supported continuing to have the Historic Area Overlay zone 7 Frederick County Planning Commission Page 4081 Minutes of December 6, 2023 and potentially expanding the area it covers, using the existing hotel as a recreational amenity and suggested it be added to the National Register of Historic Places. Staff has the following conclusions: • Inclusion of a trail alongside of Hiatt Run to match the proffered linear park in Snowden Bridge would be appropriate • Rapid access by public safety and routes to medical facilities should be considered carefully when contemplating aging in place/skilled nursing facilities as has been indicated. • Additional suburban style development in this area has the potential to spur infill development between this property and the Red Bud Run subdivisions along Route 7. If approved, it may be prudent for the County to reevaluate the planned uses in this area, as the character will have substantially been changed. Commissioner Thomas asked if there has been any discussion on alternate access to Snowden Boulevard or another route. Mr. Pearson explained, Staff has advocated that there be street interconnections with Snowden Bridge. Commissioner Kozel inquired what the timeframe would be on such access. Mr. Pearson stated it is a planned and unfunded project; beyond ten years. Urban Engineering shared a presentation on the Jordan Springs project and their goals. Commissioner Stowe noted he is concerned with the traffic on Jordan Springs Road and would be more comfortable if it connected to Snowden Bridge Boulevard. Commissioner Orndoff agreed with the concerns of the traffic on such a narrow road. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Orndoff commented this is a beautiful design and concept however there is a tremendous amount of traffic that already exists on Jordan Springs Road and Woodsmill Road, therefore he cannot support this as presented. Commissioner Thomas stated he would like to give the Applicant the opportunity to redo the boundary lines when a rezoning would be presented, and he would vote in favor of this given it will be an uphill battle. Commissioner Stowe commented he agrees and would like to give the Applicant the opportunity to come up with a better plan regarding the traffic concerns. Commissioner Brumback like the beautiful project and the preservation of a historic property but there are too many safety concerns with this at this time. Commissioner Brannon did agree with Commissioner Brumback. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Stowe BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of CPPA #02-23 Jordan Springs Expansion of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), and Land Use Designation Change, for parcels 44-A-294A and 44-A-294 totaling 231.92 acres. Yes: Brannon, Brumback, Stowe, Molden, Jewell, Orndoff No: Thomas, Manuel, Kozel, Aikens (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). 8 Frederick County Planning Commission Page 4082 Minutes of December 6, 2023 CPPA #03-23 Brockton Property Expansion of the Sewer and Water Service Area (SWSA), and Land Use Designation Change, for parcel 42-A-194. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a request to expand the SWSA and designate the future land use classification to Business. The 6-acre property is located on the southwest quadrant of the Route 522 and Route 37 interchange and across from the intersection of Route 522 and Apple Pie Ridge Road and the Zoning District is RA (Rural Areas) in the Gainesboro Magisterial District. He shared a draft SWSA and UDA Amendments zoning map. He mentioned the Route 37 West Plan changes: extend the SWSA and Rural Area to Business. Mr. Pearson presented the current Long Range Land Use map and the proposed Long Range Land Use map. Mr. Pearson explained the relevant agency comments: Frederick Water is likely able to serve the proposed use, but the developer may incur major expenses to extend the lines necessary; VDOT noted there are existing safety issues in this area currently and careful consideration of this at the rezoning stage would be appropriate; and the Historic Resources Advisory Board recommended investigating the property for remnants of the Second Winchester Battle. Staff conclusions are as follows: • Route 37 traditionally acted as the boundary for more intensive commercial and residential uses in the County. • The proposed land use designation is in keeping with existing development patterns at similar interchanges in other parts of the County. • If properties to west of this location are to be planned for commercial uses it would be prudent to evaluate them cohesively with this property (Wester Frederick Land Use Plan). David Frank of Pennoni came forward to address questions and concerns. He noted this is a viable revenue generating development area that is significantly underutilized and they are fully aware of the challenges it will present. Commissioner Orndoff asked if this would be a four-way stop light. Mr. Frank commented yes, it is currently a driveway, and it would become an improved four-way intersection and other improvements on 522 would need to occur. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas shared his safety concerns. He noted he feels Route 37 provides a great buffer for the UDA; he thinks the intersection would be too close to the access of Route 37 and he does not think this is a good project. Upon a motion made by Commissioner Aikens and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does recommend approval CPPA #03-23 Brockton Property expansion of the Sewer and Water Service Area (SWSA), and Land Use Designation Change, for parcel 42-A-194. 9 Frederick County Planning Commission Page 4083 Minutes of December 6, 2023 Yes: Stowe, Molden, Orndoff, Kozel, Aikens No: Brannon, Brumback, Thomas, Jewell Abstain: Manuel (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). CPPA #04-23 Sargent Property Expansion of the Urban Development Area (UDA), and Land Use Designation Change, for parcels 76-A-42 and 76-A-42A. Action – Recommend Denial Wyatt G. Pearson, Director, reported, this is a request to expand the UDA and designate the future land use classification to High Density Residential and Business land uses. The application proposes modifications to apply to approximately 122-total acres of the parcels. The 75-acre area is located on the north and south side of Tasker Road immediately east of White Oak road, with the larger parcel 76- A-42 partially bounded on the west by White Oak Road. The southern border of 76-A-42 borders the new Aylor Middle School property. The property is zoned RA (Rural Areas) and is in the Shawnee Magisterial District. He shared a draft UDA Amendment zoning map. Mr. Pearson share the Southern Frederick Area Plan changes: Extend the UDA; Mixed Use Industrial Office to High-Density Residential; Industrial to High-Density Residential; Park to Business; Industrial (some remains the same). He presented the current Long Range Land Use map and the Proposed Long Range Land Use map. Mr. Pearson explained the relevant agency comments: Frederick Water is likely able to serve the proposed use but would need further information to evaluate capacities; Frederick County Parks and Recreation would like to see the small portion of the property north of Tasker to remain designated for park uses; VDOT did not identify any significant issues with the land use designation change, further evaluation would need to be conducted during a rezoning application process; and the Historic Resources Advisory Board recommended further study of the Sherman-Rogers-Sargent House which is located on the property. Staff conclusions are as follows: • Less intensive industrial/commercial uses could serve to meet the existing comprehensive plan designation if residential is not preferred. • If residential is considered, not including an age restriction on the residential development would be prudent, and construction of a walkable connection to the adjoining school would be advisable. • Fire and Rescue has been planning for future Fire Station 22 in this general area, and it may be appropriate to add text to the plan that recognizes that. Commissioner Stowe asked if the park area that was referenced in the online comments is the small area being considered. Mr. Pearson explained the online comments were specifically directed at ensuring that the park designation north of Tasker Road remained designated as such rather than the Applicant’s request to convert it to business. David Frank of Pennoni came forward and made some clarifications. He noted the long- range planning would be a prime opportunity for Frederick County public use and traffic would be less with residential than industrial. 10 Frederick County Planning Commission Page 4084 Minutes of December 6, 2023 Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Nicholas Robb of the Opequon District spoke in favor of this application. He feels it would be a good use of the space and would like to see the park designation remain. Carl Bowman of the Shawnee District stated he is a bit concerned with the language in the text and would like the park to remain. Donald Kenney, Jr. owns the property that boards this project, and he does not feel this will be a good fit in this area. He would urge this be denied. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas and Commissioner Orndoff both commented that low density would be a better option for this project. Commissioner Manuel approves of this, and it was studied extensively at the CPPC level. Upon a motion made by Commissioner Manuel and seconded by Commissioner Molden to recommend approval. Motion to approve was denied. Yes: Stowe, Molden, Manuel, Aikens No: Brannon, Brumback, Thomas, Jewell, Orndoff, Kozel Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndorff to recommend denial BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of CPPA #04-23 Sargent Property expansion of the Urban Development Area (UDA), and Land Use Designation Change, for parcels 76-A-42 and 76-A-42A. Yes: Brannon, Brumback, Thomas, Orndoff, Jewell, Kozel No: Aikens, Manuel, Molden, Stowe (Note: Commissioner Triplett, Commissioner Kerns, and Commissioner Markert were absent from the meeting). ------------- OTHER Commissioner Thomas presented Chairman Jewell with a resolution of appreciation. Mr. Pearson reported site plans have been approved for Winchester Cold Storage and GT Archery. He encouraged everyone to complete the survey on the website for the Western Frederick Land Use Plan. 11 Frederick County Planning Commission Page 4085 Minutes of December 6, 2023 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Manuel and unanimously passed. The meeting was adjourned at 8:35 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 12