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Home My WebLink AboutPCMinutes2025April16 Frederick County Planning Commission Page 4188 Minutes of April 16, 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 April 16, 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; 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; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Kevin Sneddon, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner II; Patricia Taylor, Secretary. CALL TO ORDER Chairman Stowe called the April 16, 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 Kozel and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting.. ------------- 4 Frederick County Planning Commission Page 4189 Minutes of April 16, 2025 COMMITTEES Frederick Water – 04/15/25 Commissioner Bottorf reported a resolution to adopt the budget was presented and the election of officers was held. City of Winchester Commissioner Kerns reported of behalf of the City Liaison, the Commission discussed and sent forward for approval five condition use permit requests. Board of Supervisors – 04/09/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board approved CUP #02-25 Russell Farm and adopted an Ordinance Amendment for data centers. ------------- 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. ------------- PUBLIC HEARING Rezoning #03-25 for Royal King Truck Trailer Parking (Royal King Truck Stop LLC) Conditional Use Permit #04-25 for Royal King Truck Trailer Parking (Royal King Truck Stop LLC) Action – Recommend Denial M. Tyler Klein, Senior Planner, reported this is a request to rezone 4.35+/- acres (one parcel) from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers to develop tractor truck and tractor truck trailer parking and a request for a condition u se permit (CUP) to develop tractor truck and tractor truck trailer parking on three parcels totaling 13.64+/- acres. He shared a zoning map and a long range land use map of the property. He noted, if approved, the Applicant could develop 158 truck and truck trailer parking spaces as outline on their generalized development plan (GDP). Mr. Klein explained, Rezoning #02-96 (Dr. Raymond Fish) was approved on June 12, 1996 to rezone the subject properties from RA (Rural Areas) Zoning District to the B2 Zoning District, and B2 to B3 Zoning District with proffers. The approved proffer statement only requires a contribution to local fire and rescue services and does not limit what uses may be developed. Mr. Klein continued, the proposed rezoning (and CUP) does not appear to implement uses typically associated with the business land use designation outline in the Comprehensive Plan. Rather the proposed zoning district (B3) and CUP use, tractor truck, and tractor truck trailer parking is typically associated with industrial land uses. The intent of the B3 district as stated in the ordinance is to provide for 5 Frederick County Planning Commission Page 4190 Minutes of April 16, 2025 heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas (§165-604.01). He noted, given the proximity to the interstate (exit 321) and adjoining industrial uses, the use may be appropriate if impacts are properly mitigated. Mr. Klein explained the Plan does not identify any planned transportation improvements on the subject properties. Access to the site is proposed from the terminus of Hopewell Lane; A commercial entrance plan was approved by VDOT on December 3, 2024. He noted, use of the property (property subject to the rezoning) is proffered to be restricted to only tractor truck and tractor truck trailer parking. Mr. Klein shared the proffer statement and the generalized development plan (GDP). Mr. Klein presented the condition for the CUP as recommended by Staff: 1. A site plan in accordance with the requirement of Article VIII shall be submitted to and approved by Frederick County prior to the establishment of the use. The site plan should address additional regulations for specific uses for Tractor Truck and Tractor Truck Trailer Parking contained in §165-204.24 and comply with all review agency comments. 2. Any expansion or modification of this use shall require a new CUP. 3. A minimum 25-foot-wide buffer shall be provided along the property boundary with Interstate 81. The buffer shall also include the elements of a full screen described in §165-203.02(B)(2), including a landscaped area at least 10 feet in depth with a mix of plantings and a six-foot-high opaque fence. Mr. Klein concluded, Staff is seeking two (2) recommendations to forward to the Board of Supervisors for approval: 1. A recommendation on the proposed rezoning application to rezone one parcel totaling 4.35+/- acres from the B2 Zoning District to the B3 Zoning District with proffers. 2. A recommendation on the proposed conditional use permit application for tractor truck and tractor truck trailer parking on three (3) parcels totaling 13.64+/- acres. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. One (1) member of the public spoke in support of the proposal. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. The Planning Commission expressed several concerns including perimeter screening along Interstate 81, security, hours of operation, stormwater management, lighting, surface materials, and traffic impacts to Hopewell Road. The Applicant addressed many of the concerns raised and clarified how they intended to operate the facility regarding access to the parking area and security. Mr. Klein clarified that many of the concerns, particularly stormwater management, would be reviewed at the time of site plan. Upon a motion made by Commissioner DeHaven and seconded by Commissioner Aikens to recommend denial BE IT RESOLVED the Frederick County Planning Commission recommends denial of Rezoning #03-25 for Royal King Truck Trailer Parking (Royal King Truck Stop LLC) and Conditional Use Permit #04-25 for Royal King Truck Trailer Parking (Royal King Truck Stop LLC). Yes: Whitacre, Aikens, DeHaven, Kozel, Thomas, Stowe, Markert, Bottorf, McKay, Brumback No: Kerns, Brannon (Note: Commissioner Sneddon was absent from the meeting) 6 Frederick County Planning Commission Page 4191 Minutes of April 16, 2025 Ordinance Amendment to the Frederick County Code additions to define chicken coops and provide additional regulations for backyard chickens and chicken coops in the RP (Residential Performance), R4 (Residential Planned Community), and R5 (Residential Rec reational Community) Zoning Districts. Action – Recommend Approval Kayla Peloquin, Planner II, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to allow backyard chickens in the RP (Residential Performance), R4 (Residential Planned Community), and R5 (Residential Recreational Community) Zoning District; to include additional regulations for backyard chickens and chicken coops; and to add a definition for chicken coop. She noted this amendment was initiated at the request of a member of the Board of Supervisors. Mrs. Peloquin shared the current standard and the proposed standard for backyard chickens. Mrs. Peloquin concluded, the Board of Supervisors discussed this item on February 26, 2025, and sent it to the DRRC and authorized subsequent public hearings at the Planning Commission and Board of Supervisors. The Board suggested adding clarification to the regulation stating chicken waste must be properly disposed of. The DRRC discussed the item on March 27, 2025, and was supportive of the proposed amendment and added clarification to the regulation regarding chicken waste disposal. The DRRC asked Staff to consider a delay in enacting the ordinance should the amendment be approved as many HOA’s may not address chickens because chickens have always been a County Zoning Violation in the RP, R4, and R5 Zoning Districts. Mrs. Peloquin noted that private covenants, deed restrictions, and HOA regulations would apply but would not be enforced by the County. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two residents spoke in favor of the amendment citing environmental and educational benefits of backyard chickens. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. The Planning Commission Members shared their concerns with the bird flu, implementing a permit process, and adjustment of lot size to a minimum. Mr. Pearson noted permits are not included in this draft at this time, but it could be added. A motion was made by Commissioner Brannon, seconded by Commissioner Whitacre to recommend approval as presented; further discussion took place on the item. A motion was made by Commission Kozel, seconded by Commissioner Markert to approve with a permit requirement in the RP, R4, and R5 Zoning Districts; this motion was carried forward for approval. A motion was made by Commissioner Thomas, seconded by Commissioner Aikens to eliminate the RP from the amendment and limit it to the R4 and R5; this motion was carried forward for approval. A motion was made by Commissioner Aikens, seconded by Commissioner Thomas to restrict the amendment to 3 or more acres; this motion failed. A motion was made by Commissioner Markert, seconded by Commissioner Thomas for the amendment to include ¾ acre or larger; this motion failed. A motion was made by Commissioner Kerns, seconded by Commissioner Thomas to delay implementation of the ordinance for 6 months to allow HOA’s to make adjustments as needed to comply; this motion was carried forward for approval. Upon a motion made by Commissioner Brannon and seconded by Commissioner Whitacre to adopt the ordinance as presented, excluding the RP Zoning District, adding a permit process, and delay implementation of the ordinance for 6 months BE IT RESOLVED the Frederick County Planning Commission recommends approval of the Ordinance Amendment to the Frederick County Code additions to define chicken coops and provide additional 7 Frederick County Planning Commission Page 4192 Minutes of April 16, 2025 regulations for backyard chickens and chicken coops in the RP (Residential Performance), R4 (Residential Planned Community), and R5 (Residential Recreational Community) Zoning Districts. Yes: Brannon, Brumback, McKay, Bottorf, Markert, Stowe, Kozel, Kerns, DeHaven, Aikens, Whitacre No: Thomas (Note: Commissioner Sneddon was 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 Kozel and unanimously passed. The meeting was adjourned at 9:00 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 8