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HomeMy WebLinkAboutPCMinutes2025January15 Frederick County Planning Commission Page 4164 Minutes of January 15, 2025 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 January 15, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Jason Aikens, Gainesboro District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Charles E. Triplett, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner II; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the January 15, 2025 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 Markert, 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 October 2, 2024 and the November 6, 2024 meetings. ------------- 4 Frederick County Planning Commission Page 4165 Minutes of January 15, 2025 COMMITTEES Frederick Water – 12/17/24 Commissioner Brumback reported, the drought conditions persist with the area receiving only 1” of rain in November. However, water usage decreased, and quarry levels remained adequate. The East Pit quarry reservoir continues to recharge, but the rate has slowed compared to previous months and the Town of Stephens City’s daily average sewer flow was below the maximum allotment. Board of Supervisors – 1/8/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board approved the Comprehensive Plan Amendment, Western Frederick Land Use Plan and an Ordinance to amend the Frederick County Coade regarding special event facilities. ------------- 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. ------------- ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2025 Election of Tim Stowe, Chairman for 2025 Director, Wyatt G. Pearson, declared nominations open for Chairman for the 2025 calendar year. The nomination of Mr. Stowe for Chairman was made by Commissioner Thomas and seconded by Commissioner Brumback. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Tim Stowe as Chairman of the Planning Commission for calendar year 2025. Election of Roger L. Thomas, Vice Chairman for 2025 Director, Wyatt G. Pearson declared nominations open for Vice Chairman for the 2025 calendar year. The nomination of Mr. Thomas for Vice Chairman was made by Commissioner Brumback and seconded by Commissioner Sneddon. 5 Frederick County Planning Commission Page 4166 Minutes of January 15, 2025 BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for calendar year 2025 Election of Wyatt G. Pearson, Secretary for 2025 Vice Chairman Thomas declared nominations open for Secretary for the 2025 calendar year. The nomination of Mr. Pearson was made by Commissioner Brannon and seconded by Commissioner Thomas. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Wyatt G. Pearson as Secretary of the Planning Commission for calendar year 2025. BYLAWS, ROLES & RESPONSIBILITIES AND MEETING SCHEDULE FOR 2025 Chairman Stowe stated the Planning Commission’s Bylaws, Roles and Responsibilities (two simple changes of tabling and item and work sessions), and the Meeting Schedule have been reviewed by the Commission and are ready for the Planning Commission’s consideration and adoption. The motion was made by Commissioner Thomas and seconded by Commissioner Markert. BE IT RESOLVED the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws, Roles and Responsibilities, and Meeting Schedule for the calendar year of 2025 as presented. ------------- PUBLIC HEARING Rezoning #10-24 for Winchester East at Opequon Creek Action – Recommend Denial Commissioner Bottorf would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Senior Planner, reported this is a request to rezone two parcels totaling 91.7+/- acres from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District with proffers to develop up to 303 single-family residential units. He shared a zoning map of the property. Mr. Klein continued, the residential land uses outside and east of Route 37 are envisioned to be rural area residential in character. Route 37, to the north and east of Route 50, may generally be considered as the boundary between the urban areas and rural areas within this study area. This provides a transition area to the Opequon Creek and to the well-established rural character of adjacent Clarke County. The proposed rezoning “generally” implements Plan policy specific to residential land uses on portions of the property west of future Route 37 and use of watershed for recreational amenities. He shared a long range land use map of the area. Mr. Klein reported, the Plan identifies transportation improvements in the vicinity of the subject properties, including the future Route 37 bypass which bisects the subject properties (North/South). Senseny Road (Route 657) is identified as an improved major collector, and future multi-use trails planned along Senseny Road and the future Route 37. He noted, the proposal generally implements Plan policy specific to future right-of-way dedication for Route 37 and improved Senseny Road. Mr. Klein explained, it is anticipated that development of up to 303 single-family residences will create additional vehicle traffic 6 Frederick County Planning Commission Page 4167 Minutes of January 15, 2025 impacting on the existing network. However, the Traffic Impact Analysis (TIA, September 19, 2024) notes: All study intersections operate at an acceptable level of service and queues with and without the addition of the proposed development. Based on the capacity and queueing analysis results, the proposed development will not have a substantial impact on the surrounding transportation and roadway network. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed development. He noted, the TIA study intersections included are Senseny Road and Twinbrook Circle/Senseny Glen Drive (existing), Woodrow Road/Canyon Road and Channing Drive (existing), and Senseny Road and the proposed site entrance (future). Mr. Klein continued, this rezoning promoted a more near-term solution that is recommended in the draft Eastern Frederick County Transportation Study (EFCTS). The development of access points on the parkway, envisioned by the EFCTS, should be minimized to the maximum extent reasonably possible to preserve future north and south flows. However, this proposal while implementing a segment of the identified major collector roadway on the subject properties between Senseny Road and Route 7 via Hallowed Crossing Way/Opequon Crossing would still leave a significant gap in the transportation network between the northern limits of this development and the current terminus of Hallowed Crossing Way, and completion of the link between the two roadways. He noted, the timeframe to secure funding, design, and construct the remaining segment is estimated to be 6-8 years or more depending upon funding source and success of funding applications. Mr. Klein reported, the Board of Supervisors updated the County’s adopted Capital Impact Model on October 9, 2024; Cash proffer categories (per Code of Virginia) are limited to public safety facilities, school facilities, and parks and recreation facilities. He noted, the proposal fully implements Capital Impact Model outputs for residential development. Mr. Klein shared the proffers that were revised January 6, 2025. He concluded with a brief summary of the proposed rezoning. Ty Lawson, representing the Applicant came forward and shared comments regarding the proposal. The Planning Commission discussed this proposal which included topics that included: the timing of transportation improvements and completion of the proposed “parkway” between Senseny Road and Route 7, the availability of public utilities and impact of new residential development of water resources, impacts to county facilities particularly schools, and the escalator clause included in the proffer statement. The Applicant noted the importance of the right-of-way dedication for future Route 37 and partial completion of the “parkway” on the subject properties ad the first step to making a connection between Senseny Road and Route 7 and all alleviating traffic in this area of the County. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Thirteen (13) members of the public spoke in opposition to the proposed rezoning, including the HOA President of Senseny Glen. The public comments cited concerns with water resources, safety along roadways, traffic, and County infrastructure not keeping pace with development, particularly public schools. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Markert and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission does recommend denial of Rezoning #10- 24 for Winchester East at Opequon Creek. Yes: Markert, Thomas, Brannon, Brumback, McKay, Sneddon, Stowe, Kerns No: DeHaven, Aikens Abstain: Bottorf (Note: Commissioner Triplett and Commissioner Kozel were absent from the meeting) 7 Frederick County Planning Commission Page 4168 Minutes of January 15, 2025 Rezoning #11-24 Route 7 Self Storage (Edward Browning IV) Action – Postponed to 2/19/25 Kayla Peloquin, Planner II, reported this is a request to rezone one (1) parcel of 2.38 acres from the B1 (Neighborhood Business) Zoning District to the B2 (General Business) Zoning District with proffers to allow for a self-storage facility. She shared a zoning map and a long range land use map of the property. A GDP provided by the Applicant was presented. Ms. Peloquin continued, the proffer statement restricts the use of the property to a self-storage facility only. This use would likely generate less trips per day than some of the permitted uses in the B1 Zoning District that could be built by-right; outdoor trailer parking is prohibited. Ms. Peloquin explained, a right turn lane to enter the property with a 100’ taper and a 100’ deceleration lane and a right turn lane exiting the property with a 75’ acceleration lane and a 50’ taper has been added to the GDP and proffer statement. These improvements will make the entrance to the property safer. She continued, development shall be in general conformance with the GDP dated January 13, 2025. Ms. Peloquin concluded with a brief summary of this rezoning. The Planning Commissioners discussed the B1 Zoning District uses that could be constructed by-right with the current zoning, and Staff confirmed that development of those uses could commence with a site plan approved by the Planning Department and other reviewing agencies. A Commissioner pointed out that the current zoning also does not meet the desired long-range land use in the Comprehensive Plan, and that the proposed self-storage use is likely less intensive than many of the permitted B1 Zoning District uses. Mr. Knechtel, with Potesta & Associates, representing the Applicant, outlined the zoning district buffer requirement of at least 50’ with a landscaping component that would be required adjacent to residential uses. Mr. Knechtel said a safety railing would be placed on top of the retaining wall and site lighting would be addressed through a photometric plan at the site plan stage. Ms. Peloquin noted, the Zoning Ordinance requires lighting to not shine onto other properties or roadways. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two resident spoke in opposition of this application stating their concerns with potential environmental and erosion issues, the safety of the children in the Pioneer Heights subdivision, the proposed use not fitting in with the character of the community, and potential impacts to nearby residential property values. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Markert and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission unanimously recommends postponement of Rezoning #11-24 Route 7 Self Storage (Edward Browning IV) to February 19, 2025. (Note: Commissioner Triplett and Commissioner Kozel were absent from the meeting) Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend the County’s adopted Comprehensive Plan and Appendix I – Kernstown Area Plan, to expand the Urban Development Area 8 Frederick County Planning Commission Page 4169 Minutes of January 15, 2025 (UDA) and to designate the future land use classification to residential for parcels: 74-A-74, 74-A-75, 74- A-75D, and 75-A-27A totaling 96.82+/- acres. The properties are located immediately north of the limits of Stephens City, west of US Route 11 (Valley Pike) and east of Springdale Road in the Back Creek Magisterial District. He shared a zoning map and a long range land use plan map of the property. He continued, the properties are included in the Kernstown Area Plan and within the limits of the County’s Sewer and Water Service Area (SWSA). The area plan currently designates planned land uses for the entirety of the assemblage, with roughly 72-acres designated as business and the remainder as environmentally sensitive areas, which corresponds with areas of the mapped floodplain (Opequon Creek). The area plan further identifies the subject property as within the Bartonsville South sub-area. Mr. Klein explained, the proposal includes revisions to the area plan text to speak to the development of residential (age-restricted) in the Bartonsville South sub-area, connectivity to residential development within the limits of the Town of Stephens City, and extensive buffering and screening along Opequon Creek and historic areas to the north (Bartonsville). Revisions to the transportation network include modifications to planned future major collector roadway across the subject properties including removing connections to the north and east that connected the Town of Stephens City to Springdale Road and plan text changes. He noted, given the details of the proposal as outlined, the proposed CPPA and resulting development may have the potential to harmonize within the surrounding area. Mr. Klein concluded, a joint work session was held on August 14, 2024, and the Appleland Property CPPA was directed forward for additional study and authorized for public hearing through consensus at the work session. The Comprehensive Plans and Programs Committee (CPPC) reviewed the revised proposal on November 18, 2024, and supported the proposed changes, including the proposed removal of the future planned major collector roadway altogether across the subject properties and inclusion of amended plan text to speak to the development of residential in the Bartonsville South sub-area of the Kernstown Area Plan. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Four (4) members of the public spoke regarding the proposed CPPA citing a need to harmonize desired growth with traffic and circulation, particularly with the Town of Stephens City. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner McKay and seconded by Commissioner Brumback BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties. (Note: Commissioner Triplett and Commissioner Kozel were absent from the meeting) Capital Improvement Plan (DIP) 2025-2030 Action – Recommend Approval Wyatt G. Pearson, Director, reported the Capital Improvement Plan (CIP) is a document that consists of a schedule of major capital expenditures for the County for the ensuing five-year period. The Comprehensive Plan and the CIP are intended to be mutually supportive. CIP projects serve as inputs into the Capital Impact Model, which calculates the cost of new development in the County and suggest an appropriate cash proffer amount. He continued, in keeping with recently adopted procedures, departments were advised to ensure projects were achievable with the plans horizon (FY30). Adoption of the Capital 9 Frederick County Planning Commission Page 4170 Minutes of January 15, 2025 Improvement Plan is intended to meet the requirements of Code of Virginia 15.2-2232 by adding it as an appendix to the Comprehensive Plan. Staff used a new format to improve the plan, and feedback is welcome. Mr. Pearson concluded, the Comprehensive Plan and Programs Committee (CPPC) discussed the application on December 16, 2024; they expressed that the future inclusion of the debt affordability component of the proposed plan would be beneficial, and recommended approval. 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. A Planning Commission member offered objections to the Parks and Recreation proposal, specifically the recreation center project, and felt the justification for the project was lacking. Upon a motion made by Commissioner Thomas and seconded by Commissioner DeHaven BE IT RESOLVED the Frederick County Planning Commission recommends approval of the Capital Improvement Plan (DIP) 2025-2030. Yes: Brumback, McKay, Sneddon, Markert, Stowe, Thomas, Kerns, DeHaven, Aikens No: Brannon (Note: Commissioner Triplett and Commissioner Kozel were absent from the meeting) ------------- 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 Bottorf and unanimously passed. The meeting was adjourned at 10:20 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 10