Loading...
HomeMy WebLinkAboutPCMinutes2025September3 Frederick County Planning Commission Page 4217 Minutes of September 3, 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 September 3, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee 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; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Justin Kerns, Stonewall District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Kayla Peloquin, Planner II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the September 3, 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 Bottorf, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Bottorf, the Planning Commission unanimously adopted the minutes from the August 6, 2025 meeting. ------------- Frederick County Planning Commission Page 4218 Minutes of September 3, 2025 COMMITTEES Transportation Committee – 08/25/25 Commissioner Brannon reported the Committee discussed and recommended forwarding to the Board of Supervisors Resolutions of Support for the County’s Revenue Sharing and Transportation Alternatives Program. Also discussed was the I-81 Projects Update and it was noted as of July 18, 2025, Renaissance Drive is open to traffic. Frederick Water – 08/19/25 Commissioner Bottorf reported the Board elected three new Board Members; an exception was grated on Shady Elm Road for hook up; a discussion was held on the fluoride treatment and its future. He noted the Diehl Plant upgrade is almost complete. City of Winchester – 09/02/25 Commissioner Correll shared a conditional use permit was reviewed for a property on South Loudoun Street to convert from commercial to residential use; the Commission updated several zoning ordinances; and a discussion was held on the Neighborhood Design District for Fairmont Avenue. ------------- 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 #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC) Action – Recommend Approval Kayla Peloquin, Planner II, reported, this application is submitted to rezone 2.96+/- acres from the B2 (General Business) Zoning District to the B3 (Industrial Transition) Zoning District with proffers. The property is located along Martinsburg Pike (Route 11) and Market Street in the Rutherford Crossing Shopping Center and is identified by Property Identification Number 43-A-100F in the Stonewall Magisterial District. Mrs. Peloquin shared a zoning map of the property. She continued, REZ #17-06 (Rutherford Crossing) proffers included transportation improvements for the entire development (signalize intersections, build turn lanes, dedicate right-of-way, etc.) that have already been completed. Access to the property is established through two (2) existing entrances along Market Street and one (1) right-in/right- Frederick County Planning Commission Page 4219 Minutes of September 3, 2025 out onto Martinsburg Pike (Route 11). She noted, the proposed rezoning will not have a negative effect on the current transportation network (VDOT comment). Mrs. Peloquin stated the Northeast Frederick Land Use Plan (NELUP) recognizes the need for commercial uses near major roadways to serve residents and visitors. The intended use of auto repair, along with the currently permitted B2 uses, limit the property to uses typically associated with the business land use designation. She noted, this rezoning i s in general conformance with the plan land use policies. Mrs. Peloquin shared the revised proffer statement: Permits currently allowed B2 uses, prohibits all B3 uses except intended use (auto repair); 5’ sidewalk proffered along the northeast side from Market Street to the first intersection. Mr. Todd Hamula, representing the Applicant, addressed questions raised by the Planning Commission; he stated the site is a great location for Firestone customers to have shopping and dining amenities within walking distance while they wait for their vehicle. The preliminary site plan includes 8 bay doors facing the parking lot in front of Target and Lowes, shielding the noise away from the hotel and the nearest residence. Mr. Hamula stated the hours of operation are 7 AM– 7 PM Monday – Saturday and 9 AM – 5 PM on Sundays. Mr. Hamula stated that restricting all B3 uses other than the intended use and permitting B2 uses on the property is intended to not limit the site in the long-term should something happen with Firestone. The service center will have around 12 employees and take 20-30 appointments per day, not generating a significant amount of traffic. There will be one large delivery truck several times a month to deliver tires, other deliveries will be made in smaller vehicles. Mr. Hamula stated that Firestone does work on brakes and tires, but not body work or work on tractor trailers. The Applicant stated the Zoning Ordinance requirements for landscaping will provide buffering. The Applicant agreed to add a proffer limiting the hours of operation to those listed earlier, to add a proffer that no bay doors will face the adjacent hotel, and to proffer that all tires will be stored within an enclosed structure. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. One citizen spoke regarding landscaping and suggested enhanced screening for visual purposes and to mitigate noise. No one else came forward and the Public Hearing was closed for the public comment portion. The Applicant stated the Zoning Ordinance requirements for landscaping will provide buffering. The Applicant agreed to add a proffer limiting the hours of operation to those listed earlier, to add a proffer that no bay doors will face the adjacent hotel, and to proffer that all tires will be stored within an enclosed structure. Upon motion made by Commissioner DeHaven and seconded by Commissioner Thomas with the proffer modifications noted and the Applicant agreed to. BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #05-25 of Firestone Complete Auto Care Center (Rutherford Farm, LLC). (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) Rezoning #06-25 of Hara Properties LLC (D & M Container Service) Action – Recommend Approval Amy L. Feltner, Planner I, reported, this application is summited to rezone 13+/- acres from the M1 (Light Industrial) Zoning District with proffers to the M1 (Li ght Industrial) Zoning District with modified proffers for a solid waste collection facility. The property is located at 1290 Fairfax Pike, White Post, and is identified by Property Identification Number 86-A-180 in the Opequon Magisterial District. She shared a location map and a long range land use map of the property and area. Mrs. Feltner continued, the previous rezoning application (REZ #08-24) was approved by the Board of Supervisors on Frederick County Planning Commission Page 4220 Minutes of September 3, 2025 November 13, 2024. The subject property was rezoned from an RA (Rural Area) Zoning District to M-1 (Light Industrial) Zoning District with proffers. This application seeks to amend the restricted uses contained within the proffer statement to include Solid Waste Management. Solid Waste Management was the initial intent of the rezoning but was unintentionally left out of the permitted uses listed in the proffers. She noted, additional language was added to the Truck or Fleet Maintenance Facility to incorporate additional requirements listed in the zoning ordinance under Part 204, Additional Regulations for Specific Use. Mrs. Feltner stated the Transportation proffer statement remains unchanged and provides for 52.5’ right-of-way reservation along Fairfax Pike and includes the multi-use pedestrian trail. The provision remains for a Traffic Impact Analysis (TIA) at the time of site plan for any uses generating more than 85 trips per day. The Planning Commission discussed concerns with the types of materials and accumulation of waste material on site, as well as the typical daily business operations. David Frank, representing the Applicant explained that it is not the intent of the Applicant to store waste materials on site except on rare occasions when late evenings prevent delivery to the landfill. Mr. Frank explained that the containers would then be transported to the landfill once the landfill has reopened . The Planning Commission Members discussed the additional permitted uses that would be allowed with an umbrella of Solid Waste Management and recommended a limitation of Solid Waste Collections limited to Roll-off Container Services only and to further prohibit the property from being utilized as any waste transfer station. The Applicant had no objections to this modification. 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 Sneddon and seconded by Commissioner Brannon including this is not a transfer station and only a container operation BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #06-25 of Hara Properties LLC (D & M Container Service). (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) Ordinance Amendment to the Frederick County Code Action – Recommend Approval Wyatt G. Pearson, Director, reported this item contains modifications to the Transfer of Development Rights (TDR) program’s receiving property criteria, transfer process, and development approval procedures as well as changes to the County’s Traffic Impact Analysis (TIA) standards. He continued, the TDR program modifications are intended to clarify which properties qualify and receiving properties in relation to the comprehensive plan, allow for consideration of a Master Development Plan prior to transferring rights onto the property, and require TDR development to comply with the standards contained in the County’s Area Plan as adopted in the Comprehensive Plan. The TIA standards are be ing updated to provide more flexibility for when a TIA can be required of by-right development projects. Mr. Pearson explained, the TDR ordinance sets out a number of criteria to qualify properties to receive TDR rights, how the transfer of rights is conducted, and how the eventual development is approved procedurally. The proposed changes would remove any ambiguity regarding which comprehensive planned land uses are appropriate as receiving areas by directly referencing them in the Frederick County Planning Commission Page 4221 Minutes of September 3, 2025 ordinance and associating them with the underlying zoning district. In order to provide clarity to potential program participants, the transfer process is proposed to be modified to allow for a contingent Master Development Plan to be processed and approved prior to transfer of rights onto the property. Additionally, a change to the development approval procedures includes a requirement to coordinate the development plans with the standards contained in the County’s adopted Area Plans to ensure that the projects are implemented in a manner that furthers implementation of the Comprehensive Plan. In 2009, the Board of Supervisors approved the attached Traffic Impact Analysis Standards as a means for clarifying when and how TIAs would be required and conducted. Since then, VDOT has updated Chapter 527 in a way that has largely deemed some of the references from the County’s policy irrelevant for by right development projects in the staff’s opinion. Therefore, staff recommend considering the changes attached to this policy alongside of this ordinance amendment to maintain the ability to require a TIA for by right development when appropriate and to require a TIA in the review of TDR projects. Mr. Pearson concluded, the Board of Supervisors discussed this item on July 9, 2025, and recommended it go forward to the Development Review and Regulations Committee (DRRC) for additional discussion and authorized scheduling for public hearing. The DRRC reviewed this proposal at their July 24, 2025 meeting and recommended approval as presented. 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 Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code Chapter 165 Zoning, ARTICLE III Transfer of Development Rights (TDR) Program. Abstain: Commissioner Brannon (Note: Commissioner Kerns and Commissioner Markert were absent from the meeting.) ------------- ACTION 2232 Policy John A. Bishop, Assistant Director, reported this is a draft policy for the consistent management of items required for review under VA §15.2-2232. The County’s 2232 Review Process determines the compatibility of proposed public facilities with Board of Supervisors adopted Comprehensive Plan. He noted the County does not currently have a formally adopted Policy for reviewing these items, likely due to the fact that they do not frequently arise. Previously, these have been processed via an unwritten policy which largely reflects that attached propos al. The most recently completed 2232 Review was done in 2011. Mr. Bishop concluded, this is a Staff recommended adoption of policy governing the review of items that fall under VA §15.2-2232. Adoption of this policy will provide for consistency in handling 2232 items and provide applicants with a clear understanding of process and expectations. Frederick County Planning Commission Page 4222 Minutes of September 3, 2025 Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the 2232 Review Policy. Abstain: Commissioner Whitacre (Note: Commissioner Kerns and Commissioner Markert 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 Kozel and unanimously passed. The meeting was adjourned at 8:40 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary