Loading...
HomeMy WebLinkAboutPCMinutes2025May21 Frederick County Planning Commission Page 4193 Minutes of May 21, 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 May 21, 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; Betsy Brumback, Back Creek District; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Charles S. DeHaven III, Stonewall District; Jeff McKay, Back Creek District. STAFF PRESENT: Wyatt G. Pearson, Director; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the May 21, 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 Brannon, the Planning Commission unanimously adopted the minutes from the March 19, 2025 and the April 2, 2025 meetings. ------------- Frederick County Planning Commission Page 4194 Minutes of May 21, 2025 COMMITTEES Transportation Committee – 05/12/25 Commissioner Brannon reported bids are being sent out to get some roads paved within the County. Frederick Water Commissioner Bottorf reported the Board did not have a meeting. He noted that due to the recent rain the quarries have raised a couple feet which is good for the water supply. Board of Supervisors – 05/14/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board approved an 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, R4, and R5 Zoning Districts. The Board upheld the Planning Commission’s recommendation to exclude the RP Zoning District; the permit requirement proposal was denied; and the 6 month waiting period was changed to 3 months. ------------- 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. Four residents of the Lake Frederick community spoke in opposition of the waiver for MREC. Two citizens spoke in support of the waiver for Glaize Development. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #02-23 for The Caterer, LLC (Arcola Towers) Action – Recommend Denial Kayla Peloquin, Planner II, reported this application is submitted to construct a 150’ tall wireless telecommunications tower. The property is located at 1930 Front Royal Pike, Winchester and is identified with Property Identification Number 76-2-A in the Shawnee Magisterial District. She shared a locations map and zoning map of the property. She continued, the Applicant proposes the tower would be located within a 1,346 square foot fenced compound consisting of 8’ tall chain link fence with privacy slats. She noted, the Applicant has provided a letter certifying the fall radius of 75’ from a certified professional engineer. Mrs. Peloquin explained, the Public Facilities chapter of the Comprehensive Plan includes a broadband and telecommunications section with a goal to “promote the development of a high-quality wireless telecommunications network throughout the County to serve its residents, while protecting the County’s visual landscape, historic resources, and natural resources”. She noted, the proposed tower Frederick County Planning Commission Page 4195 Minutes of May 21, 2025 generally helps the County to achieve this goal. Mrs. Peloquin concluded by sharing the Conditions recommended by Staff for this Application: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall not exceed 150’ in height. 3. The tower shall be available for co-locating personal wireless service providers. 4. A minor site plan meeting all requirements of the Zoning Ordinance, including additional regulations for commercial telecommunications facilities (§165-204.19) shall be approved prior to establishment of the use. 5. In the event the telecommunications tower is not constructed within twelve (12) months of approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or change of use shall require a new Conditional Use Permit. Johnathan Yates, representing the Applicant, stated there is a coverage deficit in the area of the proposed tower as the nearest tower is 1 ¼ miles away. T-Mobile will be the anchor tenant, and the monopole will be designed to accommodate three other broadband carriers. Mr. Yates stated this is an ideal property for the tower due to the commercial zoning and proximity to the highly traveled Front Royal Pike (Route 522). He continued, the tower has been approved by the FAA and the VA State Historic Preservation Office. Once all permits were approved, the tower could be constructed in less than 60 days, and it will not produce any noise or light. Mr. Yates noted, the application meets the ordinance requirements, and the Applicants are willing to work with adjoining residences to mitigate impacts such as through additional landscaping; the nearest residence is 175’ from the proposed tower location. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Several residents spoke against the application due to the potential negative impacts on property values, potential health impacts, and altering the visual landscape next to a significant historic resource (Frederick Hall). A couple residents stated they utilize T-Mobile and do not experience coverage issues in the area relative to the nearby residences. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Mr. Yates stated he would be able and willing to meet with residents prior to the Board of Supervisors meeting to discuss the proposal. After discussion on the uncertainty of RF emissions on health, Wyatt G. Pearson, Director, said the Federal Telecommunications Act of 1996 states that towers cannot be denied by a local land use body due to RF emissions. Mr. Yates reiterated the proposed tower is well within the emissions limit set by the FCC. Planning Commission Members expressed concern that the tower is at a relatively low elevation and there seem to be better options for other tower locations. Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel to recommend approval (motion failed) Yes: Stowe, Thomas, Kozel, Aikens No: Brumback, Sneddon, Bottorf, Markert, Kerns, Whitacre Abstain: Brannon Upon a motion made by Commissioner Brumback and seconded by Commissioner Kerns to recommend denial BE IT RESOLVED the Frederick County Planning Commission recommends denial of Conditional Use Permit #02-23 for The Caterer, LLC (Arcola Towers) Frederick County Planning Commission Page 4196 Minutes of May 21, 2025 Yes: Brumback, Sneddon, Bottorf, Markert, Kozel, Kerns, Whitacre No: Stowe, Thomas, Aikens Abstain: Brannon (Note: Commissioner DeHaven and Commissioner McKay were absent from the meeting) ACTION ITEMS Waiver #01-25 for MREC Shenandoah VA, LLC Action – Recommend Denial Wyatt G. Pearson, Director, reported this is a proposal to waive Zoning Ordinance §165- 202.04 requiring inter-parcel connections for a new Master Development Plan (MDP) submission. The properties included in the MDP are zoned R5 (Residential Recreational Community) District and are located south of Fairfax Pike (Route 277) and north of the existing Lake Frederick development in the Opequon Magisterial District. He continued, MREC has submitted a revised Master Development Plan (MDP Revision 6) to change the housing types for the remaining sections; no changes to the overall number of units were proposed. Staff has informed the MDP applicants that MDP Revision 6 will not be approved without an inter-parcel connection to the west or an approved waiver of this requirement from the Board of Supervisors. He shared a zoning map and a long range land use map of the property. Mr. Pearson reported, the current MDP (Revision 5) was administratively approved in 2021. There were 4 areas designated as “potential future access location (future access locations to be constructed as stub-outs or as access easements depending on the connectivity requirements of the network accepted into the state secondary Frederick Community and other parcels located south of the Route 277 corridor. These connections will allow existing residents pedestrian and vehicular access to commercial areas without the need to travel on arterial roads”. He continued, the Applicant’s letter references §165- 202.04 section i), that a connector street to an adjoining parcel is not likely to be needed; and iii), that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate. Mr. Pearson noted, the Madison property is actively pursuing a rezoning application that is likely to be filed and considered this calendar year. The Comprehensive Plan specifically calls for interconnectivity and a mix of uses in this area that will benefit the many current and future residents of Lake Frederick. Planning Commission members discussed this item in length and expressed uncertainty over the timing of the extension of Rachel Carson Drive to Route 277 despite it being guaranteed as shown on the previously approved MDP. Mr. Pearson clarified that the waiver request is not for the extension of Rachel Carson Drive that will have a gated entrance from Route 277. The waiver is for building a stub out to the adjoining property (the Madison property) that is planned for Neighborhood Village and Mixed Use Commercial/Office so that should the Madison property develop, residents of Lake Frederick would be able to access the commercial areas without having to exit the community onto Route 277 and then make a left turn into the commercial area. Mr. Pearson acknowledged that the ordinance standard requiring inter-parcel connectors has not been enforced throughout the entirety of the project, however this MDP revision should require the connection as the circumstances of the adjoining property have changed and the ordinance requirement is applicable. Furthermore, if the Madison property develops in conformance with the Comprehensive Plan, the commercial uses will likely generate enough trips to warrant a signal at the intersection of their entrance and Route 277. This would allow residents to access a signalized protected left turn onto Route 277 rather than the stop bar currently planned at the Rachel Carson intersection with Route 277. When asked if Madison property supports the connection, Mr. Pearson stated their draft proffer Frederick County Planning Commission Page 4197 Minutes of May 21, 2025 statement accommodates the connection on their side, and they support the connection. Although the previous MDPs have included asterisks indicating potential future access locations to be constructed as stub-outs or access easements, none have been constructed or recorded as easements. Mr. Pettler with Harrison & Johnston on behalf of MREC Shenandoah stated this is the 6th revision to the MDP under consideration and Staff did not previously request a connection to the Madison property during any other revision. Mr. Petter described the reason for postponement of the waiver request as the Applicants were working with Planning Staff and VDOT to find a solution but were not able to find a practical solution. Frederick Water has stated they do not want a road on their property near the entrance to Route 277. Other potential solutions were putting the road through the proposed dog park and running it down the boundary line, however there are issues with power line easements, topography, and losing density. Furthermore, given the location of the planned minor arterial road, there are no viable alternatives for a connection to the Madison property and the waiver should be approved as the inter-parcel location in this vicinity to the Madison property is impractical. Mr. Pettler stated that although the Madison property is designated with long-range land use in the Comprehensive Plan, at this point it is simply a concept that may or may not be built in the future whereas Lake Frederick is currently being developed. Ultimately, approving the waiver would allow MDP Revision 6 to be approved, which in turn would allow the contract on this property to close that would allow the developer to ultimately pull building permits and complete the extension of Rachel Carson Drive to Route 277. Mr. Pearson added that subdivision plats must match the approved MDP to be approved and for the County to hold the bond for infrastructure. The Planning Commission discussed whether a signal will be placed at either the entrance to Lake Frederick or the Madison property from Route 277; Mr. Pearson stated at this time it is not known. Upon a motion made by Commissioner Bottorf and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission recommends denial of Waiver #01-25 for MREC Shenandoah VA, LLC. Yes: Brannon, Brumback, Sneddon, Bottorf, Thomas, Kozel, Whitacre No: Markert, Kerns, Aikens (Note: Commissioner DeHaven and Commissioner McKay were absent from the meeting) Waiver #02-25 for Storage Solutions CB, LLC Action – Recommend Approval Chairman Stowe would abstain from all discussion on this item for a possible conflict of interest. Kayla Peloquin, Planner II, reported this is a request for a waiver of the Subdivision Ordinance §144-24C requiring all new lots to have direct access to a public street. Painter-Lewis, representing the Applicant submitted a Master Development Plan (MDP) to subdivide a 27.12+/- acre property (Property Identification Number 33-2-A). One lot would be created for the existing commercial/warehouse building, one lot for the rail transload land bay, and one lot for rail car storage and stormwater management. She stated the property is zoned M1 (Light Industrial) District and is in the Stonewall Magisterial District. Mrs. Peloquin explained, the draft MDP includes a main truck and car entrance along Martinsburg Pike (Route 11) parallel to the Winchester and Western Railroad line. This is intended to be a right-in entrance only. The private road would be along the eastern portion of the property Frederick County Planning Commission Page 4198 Minutes of May 21, 2025 from Brucetown Road and would be a full movement entrance. She noted, VDOT has reviewed the draft MDP and stated that the new entrance must be brought up to current VDOT standards. Mrs. Peloquin concluded, the draft MDP cannot be approved without a waiver of the public street requirement as a new lot would be created that does not have direct access to a public street or right-of-way maintained by VDOT. The Planning Commission asked if VDOT has provided comments. Mrs. Peloquin stated VDOT has commented on the MDP and did not have an issue with the proposed private street, only that it must be built to current VDOT standards. Mr. Painter, representing the Applicant stated they believe the proposal is the best solution as VDOT prefers the full access entrance along Brucetown Road rather than Martinsburg Pike. He noted, the Applicant does not want the road to be public as it could lead to additional trips that may interfere with the operations. Upon a motion made by Commissioner Kerns and seconded by Commissioner Kozel BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of Waiver #02-25 for Storage Solutions CB, LLC. (Note: Commissioner DeHaven and Commissioner McKay were absent from the meeting) Waiver #03-25 for Glaize Development, Inc. Action - Recommend Approval Amy L. Feltner, Planner I, reported this is a request for a waiver of the inter-parcel connection required in section §165-202.04 of the Zoning Ordinance. The property is zoned RP (Residential Performance) District and is in the Shawnee Magisterial District. She noted the current Master Development Plan (MDP) provides the required inter-parcel connection. Mrs. Feltner provided a history of the Master Development Plan (MDP). The initial MDP was approved in 1999 and revised in 2016 of which included nine phases of the Raven Wing subdivision and two phases of the Oak Dale Crossings subdivision. There were three inter-parcel connections proposed. The construction of the inter-parcel connection between Phase 3 of the Raven Wing subdivision and Oakdale Crossing II subdivision has been completed (Dewberry Drive). She continued, the inter-parcel between Oakdale II and Phase 9 Raven Pointe will be installed with the completion of Phase 9 subdivision construction (Summerfield Drive and Fairfield Drive). The inter-parcel connection of Underwood Lane and Phase 9 Raven Pointe is the inter-parcel connection that is the subject of the waiver request. She commented, the approved MDP indicates all three inter-parcel connections shall be completed and operational upon the completion of Phase 9 of the Raven Pointe subdivision or following the completion of the improvements to the segment of Senseny Road from the City of Winchester to Greenwood Road as indicated on the Frederick County Secondary Road Improvement Plan, whichever occurs first. She noted, currently there are not any near-term funded or planned projects to make significant improvements to this section of road. The Planning Commission discussed the future for Underwood Lane as it relates to widening and/or improvements. Underwood Lane currently is a 20-foot-wide existing asphalt road with an existing right-of-way of 40 feet belonging to the Virginia Department of Transportation. The remaining 20 feet of the 40-foot right-of-way not containing asphalt is currently the front lawn of the Underwood Lane residents. Widening of Underwood Lane would enable 2-way traffic but would lack any necessary area for the required sidewalks and drainage unless additional right-of-way was purchased. Ultimately, the improvements would be the financial responsibility of Frederick County and not the developer. The applicant asked the Planning Commission to also consider the additional impacts to Senseny Road, such as turn lanes, that would be necessary to create a safe connection of traffic flow onto Senseny Road from Frederick County Planning Commission Page 4199 Minutes of May 21, 2025 Underwood Lane. The Planning Commission discussed the option of denying the waiver and requiring bollards to disconnect street travel until Inverlee Way was constructed in the future. Although this path was complex, it is not an impossible option. It would likely require the developer to install a temporary turn around, and the County hold ownership of a portion of the road until such a time as it was opened for vehicular travel and could be accepted into the State system. Consideration was weighed on the advantages and disadvantages of requiring the inter-parcel connection. The denial of the waiver severely impacts the safety of the Underwood Lane residents. The approval of the waiver would negatively impact the efficiency of the traffic system for the Senseny/Greenwood area. Neither approach would result in a positive outcome. The Planning Commission asked for clarification of staff on the completion and future of Inverlee Way. Inverlee Way is the subdivision’s south entrance from Millwood Pike. Although Inverlee Way provides a connection to Taggart Drive, and ultimately to Crestleigh Drive and Senseny Road through the subdivision, Inverlee Way is the proposed minor collector that is intended to extend northward and connect to Senseny Road. If the adjacent parcel develops, the desire would be to proffer road improvements with the rezoning of the property that would include the construction of Inverlee Way and the connection to Senseny Road. The Senseny/Eastern Frederick Plan designates the adjoining area as an urban center. The implementation of the Comprehensive Plan is necessary for the construction of Inverlee Way. Currently, the property owner does not have interest in developing the property. The County has contemplated purchasing the right-of-way and the constructing Inverlee Way, but the property owner is not interested in selling at this time. From a county transportation planning perspective and, due to the lack of intention from the owner to develop the property, purchasing the right-of-way and constructing the minor collector may be a needed focus for the county due to the transportation needs in the Senseny/Greenwood area currently, as well as in the future. Upon a motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED the Frederick County Planning Commission recommends approval of Waiver #03-25 for Glaize Development, Inc. Yes: Brumback, Sneddon, Bottorf, Markert, Stowe, Thomas, Kozel, Kerns, Aikens No: Brannon, Whitacre (Note: Commissioner DeHaven and Commissioner McKay 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 Markert and unanimously passed. The meeting was adjourned at 9:35 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary