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Home My WebLink AboutPCMinutes2025February19 Frederick County Planning Commission Page 4171 Minutes of February 19, 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 February 19, 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; 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; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Justin Kerns, Stonewall District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner II; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the February 19, 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 with the removal of item 8A Rezoning #09-24 or Middletown LLC and item 8B Waiver #01-25 for Lake Frederick. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the December 4, 2024 meeting. ------------- 12 Frederick County Planning Commission Page 4172 Minutes of February 19, 2025 COMMITTEES Frederick Water – 2/18/25 Commissioner Brumback reported, the Board reviewed the Water Supply and Quarry Reservoir handout, and this will be posted on the Frederick Water’s webpage and included in customer monthly bills. A public hearing will be held on March 18th to receive comments on the proposed availability fee rate change. Transportation Committee – 1/27/25 Commissioner Brannon reported, the Committee received information and discussed the following: Route 277 speed limit reduction request; County projects update; SmartScale update; Update on the Route 37 Study. City of Winchester – 2/4/25 Commissioner Jiminez-Torres reported, the commission discussed a resolution to initiate an ordinance amending certain sections of the City of Winchester Zoning Ordinance to define Humanitarian Services Facilities. Board of Supervisors - 2/13/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board denied a request for a Comprehensive Plan Amendment (CPPA) #01-24, Appleland Properties. ------------- 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. Rick Till, Chairman of the Economic Development Authority, came forward and spoke on behalf of the EDA and shared information on the importance of various aspects of the EDA. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- 13 Frederick County Planning Commission Page 4173 Minutes of February 19, 2025 PUBLIC HEARING Rezoning #11-24 Route 7 Self Storage (Edward Browning IV) Action – Recommend Approval 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, hours of operation daily from 6:00 a.m. – 10:00 p.m. have been added to the proffer statement. Commissioner Thomas pointed out the original rezoning to B1 Zoning District in 1989 likely predated the Comprehensive Plan. Staff noted that there are other business uses in the vicinity that redate the zoning ordinance. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Five (5) citizens came forward and comments were made concerning flooding of Ash Hollow Run and other environmental concerns, the safety of children in the Pioneer Heights Subdivision, increased road noise affecting the residential areas, increased traffic and safety concerns on Route 7, and a potential decrease of residential property values should the rezoning be approved. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Mr. Knechtel, representing the Applicant, shared the list of allowed uses in the B1 Zoning District that could be completed by-right without a zoning change that could generate more trips and noise than the proposed self-storage use. He recapped the zoning ordinance requirements for any commercial development on the property, including the 50’ zoning distance buffer with fencing and vegetative screening requirements around the property perimeter along with requirements that lighting be downcast. The Commissioners discussed the retaining wall and potential limits on hours of operation. A consensus was reached that a proffer be added to limit the use to self-storage only as it would be less impactful than other B1 uses and acknowledged the Applicant proffered to make all of the improvements requested by VDOT. The Planning Commission suggested the hours of operation for this rezoning be from 6:00 a.m. to 10:00 p.m. and that it be added to the proffer statement. Upon a motion made by Commissioner Markert and seconded by Commissioner Thomas with the addition of a proffer limiting the use to self-storage only and a proffer for hours of operation to be set at 6:00 a.m. to 10:00 p.m. BE IT RESOLVED the Frederick County Planning Commission recommends approval of Rezoning #11- 24 Route 7 Self Storage (Edward Browning IV). Yes: DeHaven, Thomas, Markert, Bottorf, Brumback, Brannon, McKay, Sneddon, Stowe, Kozel, Aikens No: Triplett (Note: Commissioner Kerns was absent from the meeting) 14 Frederick County Planning Commission Page 4174 Minutes of February 19, 2025 Rezoning #01-25 for Neff Property Commercial (E.R. Neff Excavating Inc.) Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request to rezone 6.6+/- acres of a 9.83+/- acre parcel from RA (Rural Areas) Zoning District to B2 (General Business) Zoning District with proffers to enable commercial development. He shared a zoning map and a long range land use map of the property and surrounding area. Mr. Klein continued, the Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED, 2017) identifies the subject property with urban center land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The SOFRED plan identifies the subject properties within the Sherando Center planning area. He stated, the mix of commercial, residential, employment, and community uses shall be linked to the surrounding community with intermodal transportation choices and public open spaces. Mr. Klein reported, the Plan identifies transportation improvements in the vicinity of the subject property; Double Church Road (Route 641) is identified as an improved major collector roadway . The Plan identifies a new minor collector bisecting the site east to west from Double Church Road west to the planned Fairfax Downs mixed-use development. Mr. Klein shared the Proffer Statement, Generalized Development Plan (GDP), and an Impact Analysis. He concluded by sharing a summary of the application. Commissioner Kozel asked if there was a concept plan in place. Mr. Klein stated not at this time and the Applicant can speak on this. David Frank, representing the Applicant, came forward and noted nothing has been planned for this property to date. 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 Sneddon and seconded by Commissioner Bottorf BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Rezoning #01-25 for Neff Property Commercial (E.R. Neff Excavating Inc.) (Note: Commissioner Kerns was absent from the meeting) Ordinance Amendment to the Frederick County Code Action – Recommend Approval M. Tyler Klein, Senior Planner reported, this is a proposal to amend Chapter 165 – Zoning Ordinance to add a definition (§165-101.02) for data centers and include additional regulations for specific uses (§165-204) and are included to regulate the intensity of the use and to the extent possible mitigation of impacts, particularly noise on adjoining properties. Mr. Klein continued, data centers are permitted as a by-right use in the B3 (Industrial Transition), TM (Technology-Manufacturing Park), M1 (Light Industrial), and M2 (Industrial General) Zoning Districts. There are no additional regulations currently adopted to regulate the siting or operation of data centers. Mr. Klein explained as drafted, this ordinance will allow storage batteries to be included accessory to a data center facility, and/or accessory to a public utility substation. He noted, inclusion of battery storage as a standalone primary use (allowed either by- right or with an approved CUP) in the TM, M1, and M2 Zoning Districts would require a separate action 15 Frederick County Planning Commission Page 4175 Minutes of February 19, 2025 to include use in the ordinance. Battery storage operations enable energy to be stored and then released when the power is needed most and are sometimes located near data centers to supplement power needs. He noted, no action is required by the Planning Commission on battery storage. Mr. Klein concluded by sharing a summary of the proposed application. The Planning Commission’s primary discussion was noise and the Commission consensus was the regulations proposed would mitigate noise impacting adjoining residences. A Commissioner raised concern with the potential for battery storage accessory to data centers, and the impact to Fire and Rescue Services. 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 recommends approval Ordinance Amendment to the Frederick County Code. Yes: Brumback, McKay, Sneddon, Markert, Stowe, Thomas, Triplett, DeHaven, Aikens, Kozel, Bottorf No: Brannon (Note: Commissioner Kerns was absent from the meeting) ------------- OTHER A resolution was presented to Charlie Triplett for his many years of service on the Planning Commission and his dedication to Frederick County. 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 Kozel and unanimously passed. The meeting was adjourned at 8:45 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 16