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HomeMy WebLinkAboutPCMinutes2024December4 Frederick County Planning Commission Page 4157 Minutes of December 4, 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 December 4, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Robert S. Molden, Opequon 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; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Jason Aikens, Gainesboro District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the December 4, 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 Molden, the Planning Commission unanimously adopted the agenda for this evening’s meeting with the removal of no meeting minutes. ------------- Frederick County Planning Commission Page 4158 Minutes of December 4, 2024 COMMITTEES Comprehensive Plans and Programs Committee – 11/18/24 Commissioner DeHaven reported the committee discussed CPPA #01-24 Appleland Properties and recommended the item be sent forward to the Planning Commission. Frederick Water – 11/19/24 Commissioner Brumback reported, a presentation of Fiscal Year 2024 Financial Reports by the accounting firm of Brown Edwards was presented to the Board. Transportation Committee – 11/25/24 Chairman Stowe reported, the committee received an update on the Eastern Frederick County Transportation Study, a Capital Improvement Plan update. Also discussed was the VDOT Road Maintenance Prioritization process, the MPO study consisting of Exit 321-323 Transportation study, and a potential pilot program for increased truck weights on interstates. City of Winchester – 11/19/24 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission held public hearings on the following: Conditional Use Permit at 506 W. Leicester Street; a Rezoning of 0.32 acres at 341 and 345 North Pleasant Valley Road, and an Ordinance Amendment to the Neighborhood Design District. Board of Supervisors – 11/13/24 Commissioner Thomas reported on behalf of Supervisor Liero, the Board of Supervisors approved a Conditional Use Permit for Robert Molden, a Conditional Use Permit for Wolfe Lynn Ramey Trust, and a Rezoning for D&M Container Service. ------------- 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 came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- Frederick County Planning Commission Page 4159 Minutes of December 4, 2024 PUBLIC HEARING Rezoning #09-24 for Middletown, LLC (B. Hester Trustee and W. Hester Trust) Action – Recommend postponing for 90 days M. Tyler Klein, Senior Planner, reported this application is submitted to rezone approximately 101.25+/- acres from the RA (Rural Areas) Zoning District to the TM (Technology Manufacturing) Zoning District with proffers. The property is on the east side of Valley Pike (Route 11) and approximately 3,000 feet north of the Town of Middletown corporate limits and is identified by Property Identification Number 84-A-78 in the Back Creek Magisterial District. He noted, 70.85+/- acres will be designated for industrial use and 10+/- acres will be designated for public use. He presented a zoning map of the property. Mr. Klein continued, the Comprehensive Plan and the Middletown/Lord Fairfax Sewer and Water Service Area provide guidance on the future development of the subject property. The Plan identifies the subject properties with a mixed-use industrial/office land use designation and as being within the limits of the Sewer and Water Service Area (SWSA). Chapter 4 – Business Development, further states: “The value of office and industrial business development to Frederick County is immeasurable. As part of the County’s economic development effort, office and industrial growth is a key component for ensuring a broad selection of employment opportunities for its citizens.” The rezoning proposes implementation of the Technology-Manufacturing (TM) Park Zoning District which is consistent with the Plan identified mixed-use industrial/office future land use designation. Mr. Klein reported, vehicular access to the industrial use development area is limited to a maximum of two (2) commercial entrances from Valley Pike (Route 11), subject to VDOT approval. Industrial vehicle access from mustang Lane (primary access road to Middletown Elementary School) is prohibited. The Traffic Impact Analysis (TIA dated July 27, 2022) notes: with the addition of site- generated traffic, acceptable levels-of-service at the I-81 northbound ramp/Reliance Road and the Valley Pike (Route 11)/Reliance Road intersections would continue to be maintained assuming the installation of traffic signals. He continued, the application proposes a monetary contribution for their proportional share of future regional transportation improvements involving the above identified ramp intersections, which may include signalization, turn lane installation, etc. The proffer statement also included a 10-foot wide asphalt trail along Valley Pike along the property frontage. Mr. Klein shared the proffer statement (November 25, 2024), a Generalized Development Plan (GDP) provided by the Applicant, and a long range land use map. He concluded, a work session was held on November 20, 2024 to discuss this application. Three (3) issues were identified for the Applicant to address prior to this public hearing: the cost of signalization for the ramp intersections of I-81 and Reliance Road, dedication of Mustang Lane as public right-of-way that could be accepted into the state system, and prohibiting TM Park District uses that could have a negative impact on adjoining properties. Planning Commissioners shared their concerns with safety at this location and Mustang Lane which leads to Middletown Elementary School. Also discussed by the Planning Commissioners is the allowable uses that could cause an explosion in the area. Chris Mohn of Greenway Engineering and representing the Applicant came forward and share a presentation and photos of the property. He addressed the concerns brought forward by the Planning Commissioners. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. There were six citizens that came forward and voiced their concerns with the traffic the application will generate and safety issues with the proposal being located so close to the elementary school. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Frederick County Planning Commission Page 4160 Minutes of December 4, 2024 Upon Motion made by Commissioner Brumback and seconded by Commissioner McKay to recommend a postponement of 90 days BE IT RESOLVED; the Frederick County Planning Commission does unanimously recommend postponement for 90 days of Rezoning #09-24 for Middletown, LLC (B. Hester Trustee and W. Hester Trust). (Note: Commissioner Markert and Commissioner Aikens were absent from the meeting) Ordinance Amendment to the Frederick County Code - Special Event Facility Action – Recommend Approval Amy L. Feltner, Planner I, reported this is a proposal to modify the surface material of the required parking areas associated with a special event facility. The amendment would remove the requirement that all parking and travel aisles for special event facilities be gravel. She noted, the proposed amendments to the ordinance were initiated by Staff at the request of the Board of Supervisors. Mrs. Feltner continued, the intent for this modification is to permit the dual use of pasture and meadows for parking for the events without requiring the property owner to gravel such surfaces that are infrequently used for parking. All other approved businesses or business activity operated on the property that are not directly the special event use shall meet the requirements for off-street parking and parking lots. Mrs. Feltner share a history of this amendment. The Development Review and Regulations Committee (DRRC) discussed the item on October 24, 2024. The Committee noted concern that driveways and travel ways would also be permitted to be of any material. Clarification is needed to require driveways and all travel ways leading to and accessing the parking area to have a minimum gravel surface. These changes were incorporated into the proposed amendment. She noted, the intent is to require a gravel, or equivalent surface, for travel ways leading to, but not within the designated parking areas. A Planning Commission member raised concern about requiring the parking area to require anything material for the parking area that would be detrimental to the pasture or meadow areas. It was discussed that this amendment would be less restrictive on what is currently required for Special Event Facilities in the Rural Area (RA) with the approved Conditional Use Permit (CUP). Chairman Stowe 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 Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code – Special Event Facility. Yes: Brumback, McKay, Sneddon, Molden, Stowe, Thomas, Kozel, Kerns, DeHaven, Triplett No: Brannon (Note: Commissioner Markert and Commissioner Aikens were absent from the meeting) Frederick County Planning Commission Page 4161 Minutes of December 4, 2024 Comprehensive Plan Amendment – Western Frederick Land Use Plan Action – Recommend Approval M. Tyler Klein, Senior Planner, began, the Western Frederick study area of the County is envisioned to provide a planned transition from the urban and suburban nature of the City of Winchester and the rural areas west of Route 37. The study (planning) area encompasses approximately +/-6,229-acres of the County generally west of the City of Winchester, including areas east and west of Route 37, north and south of Route 522 (North Frederick Pike), north and south of Route 50 (Northwestern Turnpike), and north from Cedar Creek Grade (Route 622). The western most sections of the study area extend along Route 50 to Poorhouse Road (Route 654) and just east of Wardensville Grade (Route 608). Properties included in the study area are also within the Stonewall, Gainesboro, and Back Creek Magisterial Districts. The Western Frederick Land Use Plan incorporates three previously studied planning areas: Round Hill Community (last updated 2010), Western Jubal Early (2006), Route 37 West (1997) and includes the area between the City of Winchester and Route 37 and north/south of Route 522 known as “Sunnyside” (area not previously studied). The project has been on-going since the Spring of 2023. During that time, staff have conducted field surveying and undertaken extensive outreach and community engagement to discuss the study area and future planned land uses with the public. This included interviews with landowners and key stakeholders (VDOT, Frederick Water, Shenandoah Valley Battlefields Foundation (SVBF), FCPS, Parks and Recreation); two (2) online preference surveys (January/February 2024 and July/August 2024), fourteen (14) town hall meetings with various organizations and communities (January/February 2024), and two (2) community meetings (August 2024). During that time staff collected more than 300 survey responses and connected in person with more than 400 members of the community. The common theme expressed in public outreach is concern with the timing, pace and location of future growth in this area of the County and a stated desire to keep areas not already planned for development primarily rural. The draft plan, particularly the recommendation for future development patterns, reflects to the extent possible public feedback received and planning best practices. Summary of Proposed Changes Included with this summary memo is the draft plan, and draft maps (both revised September 2024). Key map and text changes are summarized by each planning sub-area below: Sunnyside A change in land use designation from primarily planned “residential” and “business” to a mix of “urban center and residential.” Text was included that outlines guiding policies for future urban center development, the integration of existing residential neighborhoods with a future “urban center,” and redevelopment/infill development policies. Connectivity, particularly pedestrian connectivity between residential and commercial areas, is also outlined in plan policies. Albin (formerly Route 37 West) The map and plan policies further define boundaries of Albin Rural Community Center (RCC). This aligns with broader Comprehensive Plan policies to designate rural growth within the RCC. Significant areas of “recreation” land use are delineated on the map, encompassing core battlefield and historic properties. Plan policies supporting this land use designation are also provided. This area continues to be primarily “rural.” Round Hill An expansion of sewer and water service area (SWSA) is proposed to conform to boundaries of Round Hill Rural Community Center. This reflects broader Comprehensive Plan policies to establish public utility systems, where feasible, around the designated rural community centers. Accompanying this SWSA expansion. Plan policies have been included for future development within designated rural community center to better conform to adopted Comprehensive Plan for limiting new commercial and residential Frederick County Planning Commission Page 4162 Minutes of December 4, 2024 development with the rural community centers. Minor revisions to planned roadways were made north of Route 50 to conform to proffered improvements associated with planned developments. Ward Ave (Route 1317) is proposed as a newly designated future “improved minor collector roadway” to expand planned future secondary circulation south of Route 50 in areas designated for future “business” uses. Plan policies to address road improvements associated with Route 50 STARS study. There were no changes to future land use designations for this area of the county. Mr. Klein noted, a previous version of the plan proposed changes to the future land use designation for Rock Harbor Golf Course properties. As a result of public feedback, including a separate in-person meeting with residents of the Roscommon community, the future land use designation was left unaltered from what is currently envisioned (“commercial recreation”). Western Jubal Early The plan proposes a change in land use designation from primarily “residential” with limited areas of “business” to “planned unit development (PUD).” Plan text was included with guiding policies for the future PUD including providing for a mix of housing types, where neighborhood scale commercial uses would be appropriate, desired high-quality architecture and site design, guidance for walkable neighborhoods, the preservation of the Abrams Creek Wetlands, and interconnection with the Willow Run community. Transportation improvements in the Western Jubal Early sub-planning area include affirming the County’s planned improvement of a new Route 37 interchange with Merrimans Lane, a future east/west collector from the City of Winchester boundary (West Jubal Early extended) to the proposed new interchange, and a new north/south collector roadway from Merrimans Lane south to a planned intersection with Cedar Creek Grade. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two citizens spoke regarding the proposed area plan update: one speaker was in support and one speaker had no opinion on the matter. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner DeHaven and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Comprehensive Plan Amendment – Western Frederick Land Use Plan. (Note: Commissioner Markert and Commissioner Aikens were absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported there will be a work session held on December 18, 2024 at 6:00 and all are encouraged to attend to discuss Winchester East at Opequon Creek rezoning. ------------- Frederick County Planning Commission Page 4163 Minutes of December 4, 2024 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 Molden and unanimously passed. The meeting was adjourned at 9:15 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary