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HomeMy WebLinkAboutPCMinutes2024November6 Frederick County Planning Commission Page 4154 Minutes of November 6, 2024 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 November 6, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Robert S. Molden, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the November 6, 2024 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the September 4, 2024 and the September 18, 2024 meetings. ------------- Frederick County Planning Commission Page 4155 Minutes of November 6, 2024 COMMITTEES Development Review and Regulations Committee – Mtg. 10/24/24 Commissioner Kozel reported the committee discussed data center definition and performance standards and amending the hard surface parking requirement for special event facilities in the RA (Rural Areas) District. City of Winchester – 11/5/24 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission held a work session and discussed: a conditional use permit, a rezoning on Pleasant Valley Road, and a rezoning for the neighborhood design district. Board of Supervisors – 10/09/24 Supervisor Liero, Board of Supervisor Liaison, reported the Board approved CUP #05-24 for Burn Boot Camp, Revenue Sharing Agreement, and the Capital Impacts Study. ------------- CITIZEN COMMENTS Chairman Stowe 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 else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- ACTION ITEM Rezoning #07-24 for William and Barbara Houdershell Action – Recommend Denial Kayla Peloquin, Planner I, reported this is a proposal to rezone 5+/- acres from the M1 (Light Industrial) District to RA (Rural Areas) District. The property is located at 8183 Valley Pike, Middletown, Virginia and is identified by Property Identification Number 91-A-28B in the Back Creek Magisterial District. She shared a zoning map of the property. Mrs. Peloquin continued, the Planning Commission held a public hearing on September 4, 2024 and discussed the buffer requirement that would be required (should this rezoning be approved) on the adjoining property to the south if they were to submit a new site plan for redevelopment or expansion. The Planning Commission tabled the application until the first November meeting and directed Staff to facilitate discussions with the landowners on a common shared buffer and screening easement or a waiver. Staff facilitated discussions with the Applicant and the adjoining landowner, and an agreement has been drafted and is being reviewed by both parties and the County Attorney. She noted, the agreement would state that the proposed rezoning is solely to protect and preserve the 5-acre tract and would have no adverse impact on the adjoining industrial property now or in the future. Mrs. Peloquin stated that from the time the agenda was prepared, an agreement to waive the buffer requirement that would be imposed on the adjoining property should this rezoning be approved Frederick County Planning Commission Page 4156 Minutes of November 6, 2024 has been drafted, but is still being reviewed by all parties, including Frederick County. The Planning Commission discussed that although progress has been made, the agreement has not been finalized. Mrs. Peloquin added that the agreement’s purpose is to waive the buffer, which is the only identified ordinance requirement imposed on the adjoining industrially zoned property, therefore the agreement should simply state that and cite the relevant ordinance section to be in a form acceptable to the County Attorney. She stated the Middletown Zoning Ordinance does not consider the adjoining Zoning District in the County, therefore there are no additional requirements depending on the zoning of the subject property should the adjoining property to the North (within the Town of Middletown) develop. The Planning Commission discussed the applicant’s goal to preserve the property, and the intent of the rezoning to make the zoning district reflect the reality of the past, current, and desired future use of the property, which in turn would make it more feasible for someone to acquire a loan on the property in the future who would want to continue using the property as a residence. Upon Motion made by Commissioner Brumback and seconded by Commissioner Aikens to recommend denial of the rezoning because an agreement to waive the buffer has not yet been finalized. BE IT RESOLVED; the Frederick County Planning Commission does recommend denial of Rezoning #07- 24 for William and Barbara Houdershell. Yes: Brannon, Brumback, McKay, Stowe, Kozel, DeHaven, Aikens No: Sneddon, Markert, Thomas, Kerns, Triplett (Note: Commissioner Molden was absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported current Planning applications include a Site Plan for Trex Building 1 expansion; Site Plan for One Logistics Park Land Bay 4; Master Development Plan for Lake Frederick Revision 6; and Master Development Plan for Washington Commons. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Kozel to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting was adjourned at 8:25 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary