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HomeMy WebLinkAboutPCMinutes2025July2 Frederick County Planning Commission Page 4205 Minutes of July 2, 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 July 2, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/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; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the July 2, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Thomas led the 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 April 16, 2025 meeting. ------------- Frederick County Planning Commission Page 4206 Minutes of July 2, 2025 COMMITTEES Conservation Easment Authority – 6/26/25 Commissioner Markert reported the Authority held the election of officers. An update and discussion was held on the Board of Supervisors’ actions on PDRs. Frederick Water – 6/17/25 Commissioner Bottorf reported, the quarries remain at a good level and an update was provided on the chlorination of drinking water. Board of Supervisors – 6/11/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board approved the Draft Update of the 2025-2026 Frederick County Interstate, Primary and Secondary Road Improvement Plans; a Waiver to the Subdivision Ordinance; and Waiver #03-25 Raven Pointe Section 9. ------------- 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. A citizen spoke regarding the land assessment values and the use of I and we in discussions. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING 2025-2030 Agricultural and Forestal District Update. This is a Public Hearing to consider the renewal of the Albin, Apple Pie Ridge, Back Mountain, Double Church, Green Spring, Hayfield, Long Creek Farm, North Frederick, Red Bud, Reliance, South Frederick, South Timber Ridge, and White Hall Districts with a total of 17,617.95 acres. The total 17,617.95 acreage is within the Agricultural and Forestal District Program for the ensuing five year period. Properties that are incorporated into an Agricultural and Forestal District are guaranteed certain Protection as specified in Section 15.2-4300 of the Code of Virginia. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator reported, the Code of Virginia requires localities to evaluate, add, renew, or remove properties from their Agricultural & Forestal Districts every five (5) years. The Districts are set to expire in August 2025, and the renewal of the Districts will run until August 2030. He continued, by establishing a District(s) and agreeing to continue using the property(s) for agricultural uses, the locality and the Commonwealth agree to protect and enhance the land and not take any actions that would have a negative effect on agricultural and forestry operations during Frederick County Planning Commission Page 4207 Minutes of July 2, 2025 the term of the District(s). Mr. Cheran continued, this program is voluntary, and land may be moved or added to a District at the landowner’s request and with the discretion of the Board of Supervisors within the five (5) year period. Currently, Frederick County has a total of thirteen (13) Districts. The Agricultural District Advisory Committee (ADAC) met on April 15, 2025, to review the thirteen (13) Districts for the 2025-2030 renewal and update. ADAC recommended approval of all the districts. Mr. Cheran reviewed each District and provided mapping: Albin Agricultural & Forestal District o The District is located within the Gainesboro Magisterial District o The District includes a total of fourteen (14) parcels o Four (4) property owners o 2025-2030 total of 1,014.45+/- acres Apple Pie Ridge Agricultural & Forestal o The District is located within the Gainesboro Magisterial District o The District includes a total of forty-three (43) parcels o Three (3) property owners o 2025-2030 total of 936.03+/- acres Back Mountain Agricultural & Forestal o The District is located within the Back Creek Magisterial District o The District includes a total of one (1) parcel o One (1) property owner o 2025-2030 total of 489.91+/- acres Double Church Agricultural & Forestal o The District is located within the Opequon Magisterial District o The District includes a total of seventeen (17) parcels o Twelve (12) property owners o 2025-2030 total of 693.87+/- acres Green Spring Agricultural & Forestal o The District is located within the Gainesboro Magisterial District o The District includes a total of fourteen (14) parcels o Four (4) property owners o 2025-2030 total of 870.32+/- acres Hayfield Agricultural & Forestal o The District is located within the Back Creek Magisterial District o The District includes a total of six (6) parcels o Two (2) property owners o 2025-2030 total of 939.90+/- acres Long Creek Farm Agricultural & Forestal o The District is located within the Back Creek Magisterial District o The District includes a total of fourteen (14) parcels o Four (4) property owners o 2025-2030 total of 1,076.90+/- acres Frederick County Planning Commission Page 4208 Minutes of July 2, 2025 North Frederick Agricultural & Forestal o The District is located within the Gainesboro Magisterial District o The District includes a total of sixteen (16) parcels o Seven (7) property owners o 2025-2030 total of 1,929.41+/- acres Red Bud Agricultural & Forestal o The District is located within the Stonewall and Red Bud Magisterial District o The District includes a total of fifty-nine (59) parcels o Twenty-one (21) property owners o 2025-2030 total of 1,204.43+/- acres Reliance Agricultural & Forestal o The District is located within the Opequon Magisterial District o The District includes a total of six (6) parcels o Two (2) property owners o 2025-2030 total of 221.50+/- acres South Frederick Agricultural & Forestal o The District is located within the Back Creek Magisterial District o The District includes a total of one hundred forty-two (142) parcels o Fifty-two (52) property owners o 2025-2030 total of 5,905.84+/- acres South Timber Ridge Agricultural & Forestal o The District is located within the Gainesboro Magisterial District o The District includes a total of twenty-four (24) parcels o Tow (2) property owners o 2025-2030 total of 1,361.09+/- acres White Hall Agricultural & Forestal o The District is located within the Gainesboro Magisterial District o The District includes a total of seven (7) parcels o Three (3) property owners o 2025-2030 total of 974.30+/- acres Commissioner Kerns asked about the tax benefits of being in the Agricultural & Forestal District and if this was a positive or negative impact to the County. Mr. Cheran explained it is under a lower tax rate, it is a TDR benefit, and it protects the land from eminent domain. Commissioner Kerns also asked if a CUP could be on the land. Mr. Cheran stated yes, a CUP can be applied for. Commissioner McKay asked about the four parcels being removed from the South Frederick Agricultural & Forestal District. Mr. Cheran commented this was part of a solar farm that needed to be removed. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Thomas and seconded by Commissioner Markert BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the 2025-2030 Agricultural and Forestal District Update to consider the renewal of the Albin, Apple Pie Ridge, Back Mountain, Double Church, Green Spring, Hayfield, Long Creek Farm, North Frederick, Red Frederick County Planning Commission Page 4209 Minutes of July 2, 2025 Bud, Reliance, South Frederick, South Timber Ridge, and White Hall Districts with a total of 17,617.95 acres. The total 17,617.95 acreage is within the Agricultural and Forestal District Program for the ensuing five year period. (Note: Commissioners Kozel and Commissioner Aikens were absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported work has been started on the Middletown Business Park Comprehensive Plan Amendment; recently started Zoning Ordinance Phase 1 update, now doing functional reorganization phase; the Community Profile document is almost finalized; and the Public Participation Plan was sent out to the Planning Commission and feedback is welcome. Chairman Stowe asked how long the Zoning Ordinance restructure will take. Mr. Pearson stated he anticipates 7 months. Commissioner Thomas thanked Staff for having the recent work session. He commented on the outcome conclusion of the work session. He feels the decision should have been based on facts and does not think that is what happened. Commissioner Thomas made a motion that the Board of Supervisors direct Planning Staff put together a package on data centers that would provide useful information for the Planning Commission members and the Board of Supervisors so that a better decision can be made. Commissioner DeHaven seconded the motion. The motion was passed with two commissioners voting no (Brannon and Whitacre. ------------- 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 7:50 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary