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HomeMy WebLinkAboutSeptember 24 2025 Regular Meeting Minutes 86 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, SEPTEMBER 24, 2025 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Judith McCann-Slaughter,Acting Chairman; Robert W.Wells, Temporary Vice Chairman; Blaine P. Dunn; John F. Jewell; and Robert T. Liero were present. The Chairman's Seat and the Gainesboro District Seat are vacant following the resignations of Josh Ludwig and Heather Lockridge. Staff present: Michael Bollhoefer, County Administrator; Jay E. Tibbs, Deputy County Administrator; Karen Vacchio, Public Information Officer;Wyatt Pearson, Planning Director;John Bishop,Assistant Director of Planning; Amy Feltner, Planner I; Patrick Fly, Director of Information Technologies; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Acting Chairman Slaughter called the meeting to order at 7:00 p.m. INVOCATION Pastor Dennis Smith of Valley Bible Church delivered the invocation. PLEDGE OF ALLEGIANCE Supervisor Wells led the Pledge of Allegiance. ADOPTION OF AGENDA-APPROVED Supervisor Dunn moved to adopt the draft agenda. Supervisor Jewell seconded the motion, which carried on a voice vote. CITIZEN COMMENTS— None Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 87 ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Wells moved to adopt the consent agenda. Supervisor Liero seconded the motion,which carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant -Approval of the Closed Session Minutes of September 8 and 9, 2025—CONSENT AGENDA APPROVAL -Approval of the Regular Meeting Minutes of September 10, 2025—CONSENT AGENDA APPROVAL - Resolution for Changes in the Secondary System of State Highways: Raven Pointe Section 6 Phase 3—CONSENT AGENDA APPROVAL RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Secondary Street Acceptance Requirements of the Virginia Department of Transportation;and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia.Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia,and the Department's Secondary Street Acceptance Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. - Resolution for Changes in the Secondary System of State Highways:Abrams Chase—CONSENT AGENDA APPROVAL RESOLUTION WHEREAS,the streets described on the attached Form AM-4.3,fully incorporated herein by reference,are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia. Department of Transportation has advised this Board that the streets meet the requirements established by the Secondary Street Acceptance Requirements of the Virginia Department of Transportation;and WHEREAS, the County and the Virginia.Department of Transportation have entered into an agreement on June 9, 1993,for comprehensive stormwater detention which applies to this request for addition; and NOW,THEREFORE,BE IT RESOLVED,this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways,pursuant to 33.2-705,Code of Virginia,and the Department's Secondary Street Acceptance Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts,fills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Minute Book 51 Board of Su pervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 88 + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS - None APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS CHRISTINE KRIZ APPOINTED TO ECONOMIC DEVELOPMENT AUTHORITY Acting Chairman Slaughter moved to appoint Christine Kriz to the Economic Development Authority to fill a vacant unexpired term ending November 10, 2028. The motion, seconded by Supervisor Dunn, carried on a voice vote. + + + + + + + + + + + + + + COMMITTEE BUSINESS—None PUBLIC HEARINGS (NON-PLANNING ISSUES)— None PLANNING COMMISSION BUSINESS—PUBLIC HEARINGS REZONING #05-25 OF FIRESTONE COMPLETE AUTO CARE CENTER (RUTHERFORD FARM, LLC)—APPROVED Assistant Planning Director John Bishop reviewed the request to rezone one (1) parcel totaling approximately 2.96 acres from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers for the purpose of establishing a Firestone Complete Auto Care Center under the use of"General Automotive, Motorcycle, and Truck repair, Services and Parking." The Board and Todd Hamula, representing the developer, discussed sidewalk placement, hours of operation, noise, and the proffer statement regarding outdoor storage of tires on the site. Acting Chairman Slaughter opened the public comment period. Leslie Spencer, Gainesboro District, urged the Board to require a landscaping plan for the site if the rezoning is approved. Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 89 Acting Chairman Slaughter closed the public comment period. Acting Chairman Slaughter referenced the previous speaker and said landscaping buffering is included in the rezoning requirements. She moved to approve REZONING #05-25 OF FIRESTONE COMPLETE AUTO CARE CENTER (RUTHERFORD FARM, LLC). The motion, seconded by Supervisor Jewell, carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#05-25 FOR FIRESTONE COMPLETE AUTO CARE CENTER (RUTHERFORD FARM LLC) WHEREAS,REZONING#05-25 for Firestone Complete Auto Care Center(Rutherford Farm LLC)was submitted to rezone+/-2.96 acres at the property located between Market Street and Martinsburg Pike(Route 11)and identified by Property Identification Number 43-A-100F in the Stonewall Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this rezoning on September 3,2025 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on September 24,2025; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health,safety,and welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,the Zoning District Map is amended in accordance with Rezoning#05-25 Firestone Complete Auto Care Center(Rutherford Farm LLC)to rezone+/-2.96 acres from the B2(General Business)Zoning District to the B3(Industrial Transition)Zoning District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owners are attached. REZONING #06-25 OF HARA PROPERTIES LLC (D& M CONTAINER SERVICE)—APPROVED Planner Amy Feltner reviewed the request to rezone approximately 13 acres from M1 (Light Industrial) Zoning Districts with proffers to M1 (Light Industrial) Zoning District with modified proffers for a Solid Waste Collection Facility. Acting Chairman Slaughter opened the public comment period. No one addressed the Board. Acting Chairman Slaughter closed the public comment period. Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 90 Supervisor Wells moved to approve REZONING #06-25 OF HARA PROPERTIES LLC (D & M CONTAINER SERVICE).The motion,seconded by Supervisor Jewell,carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 06-25 FOR HARA PROPERTIES LLC (D &M CONTAINERS) WHEREAS,REZONING 06-25 for HARA PROPERTIES LLC(D &M Containers)was submitted to rezone 13+/- acre parcel from M1 (Light Industrial) with proffers to M1 (Light Industrial) with modified proffers to allow solid waste collection limited to roll-off container services. The property is located at 1290 Fairfax Pike and identified by Property Identification Number 86-A-180 in the Opequon Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this rezoning on September 3,2025, and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on September 24,2025; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health,safety,and welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended in accordance with Rezoning 06-25 Hara Properties LLC (D & M Containers) to 13+/- acre parcel from M1 (Light Industrial) with proffers to M1 (Light Industrial)with modified proffers to allow solid waste collection limited to roll-of container services. The conditions voluntarily proffered in writing by the Applicant and the Property Owners are attached. ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING— APPROVED Planning Director Wyatt Pearson reviewed the proposal to amend Chapter 165 -Zoning Ordinance to clarify the Transfer of Development Rights (TDR) program's receiving property criteria, transfer process, and development approval procedures. Additionally, he said staff proposes revising the adopted Traffic Impact Analysis (TIA) Standards to facilitate the use of a TIA in the consideration of TDR projects and other by-right development. Acting Chairman Slaughter opened the public comment period. No one addressed the Board. Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 91 Acting Chairman Slaughter closed the public comment period. Supervisor Dunn thanked staff for the work on the ordinance. He moved to approve the ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, with text revisions regarding the receiving area being designated solely residential. Supervisor Liero seconded the motion. The Board and Mr. Pearson discussed the purpose of the proposed revision and the pros and cons of Supervisor Dunn's motion with revised text. It was agreed that if the motion carried, it would be a temporary step with the Board holding a work session in the near future for more in-depth discussion on the TDR program. The motion carried on the following recorded vote: Blaine P. Dunn Aye Robert T. Liero Aye John F. Jewell Aye Robert W.Wells Aye Judith McCann-Slaughter Aye Gainesboro Seat Vacant Chairman's Seat Vacant ORDINANCE TO AMEND CHAPTER 165 ARTICLE III TRANSFER OF DEVELOPMENT RIGHTS(TDR)PROGRAM PART 302—SENDING AND RECEIVING PROPERTIES §165-302.02. RECEIVING PROPERTIES. PART 303—TRANSFER PROCCESS AND DEVELOPMENT PROCEDURES §165-303.01 TRANSFER PROCESS §165-303.02 DEVELOPMENT APPROVAL PROCEDURES WHEREAS, a proposal was presented to amend Chapter 165 — Zoning Ordinance to clarify the Transfer of Development Rights receiving property criteria, transfer process, and development approval procedures was considered; and WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on September 3, 2025,and recommended approval of the ordinance amendment; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on September 24,2025; NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health,safety,general welfare,and good zoning practice,the amendment to Chapter 165—Zoning Ordinance to clarify the Transfer of Development Rights receiving property criteria, transfer process, and development approval procedures is adopted. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS -OTHER PLANNING BUSINESS - None Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia 92 + + + + + + + + + + + + + + BOARD LIAISON REPORTS - None CITIZEN COMMENTS Ken Dondero, Red Bud District, questioned the Board's vote on the TDR ordinance, saying that all actions are temporary, and now interested citizens will have to wait longer to see if the Board makes further changes in the ordinance. He said the Board had just negated all the work done by staff to improve the ordinance. BOARD OF SUPERVISORS COMMENTS Supervisor Dunn said the staff had done good work on the TDR ordinance amendment, but the TDR program needs further discussion. ADJOURN On motion of Supervisor Wells, seconded by Supervisor Dunn, the meeting was adjourned at 7:54 p.m. Judith McCann-Slaughter Michael Bollhoefer Acting Chairman, Board of Supervisors County Administrator Minutes Prepared By: Ann W. Phillips Deputy Clerk, Board of Supervisors Minute Book 51 Board of Supervisors Regular Meeting of September 24,2025 County of Frederick,Virginia