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HomeMy WebLinkAboutPCMinutes2025November5 Frederick County Planning Commission Page 4228 Minutes of November 5, 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 November 5, 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; 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: Charles Markert, Red Bud District STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Eric Bittner, Planner II; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the November 5, 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 McKay and seconded by Commissioner Brannon, the Planning Commission unanimously adopted the agenda for this evening’s meeting with two amendments: under Other, a brief discussion on substations; and under Other discussion on prayer before each Planning Commission meeting. MINUTES Upon motion made by Commissioner McKay and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the September 3, 2025 and October 1, 2025 meetings. ------------- 4 Frederick County Planning Commission Page 4229 Minutes of November 5, 2025 COMMITTEES Frederick Water – 11/18/25 Commissioner Bottorf reported, the Board Frederick County is continuing to experience drought conditions and Frederick Water is asking for voluntary water conservation. He continued, the Lake Frederick well is due to come online December 15th; the Diehl project is complete; the Advanced Metering system is starting to progress; and the East Pit Advanced Treatment Project is approximately 30% complete. Board of Supervisors – 10/08/25 and 10/22/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board of Supervisors did not have any Planning items at their last meeting. ------------- 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 . Leslie Spencer, Gainesboro District, came forward and share that she is in support of adding prayer to the Planning Commission agenda. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code: Modifications to supplementary use regulations for outdoor lighting contained in §165-201.07 to modernize outdoor lighting standards. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend supplementary use regulations for outdoor lighting contained in §165-201.07. The purpose of this amendment is to modernize outdoor lighting standards through comparison with other localities and best practices, clarify and ensures consistent use of terminology, review illumination levels and mounting heights for fixtures, photometric plan requirements, and incorporated LED lighting standards into the ordinance. Mr. Klein continued, this ordinance amendment was initiated by Staff at the request of the Board of Supervisors. In preparing the ordinance amendment, Staff viewed other VA locality lighting standards, best practices from lighting professional groups and the American Plannin g Association (APA) and consulted with Parks and Recreation regarding lighting for recreational areas. Mr. Klein reiterated, in the ordinance, the purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass, and over lighting; promote safety and security; and encourage energy conservation. He noted the outdoor lighting standards section was last comprehensively updated in 2009. 5 Frederick County Planning Commission Page 4230 Minutes of November 5, 2025 Mr. Klein shared, the Development Review and Regulations Committee (DRRC) discussed the proposed amendment on September 25, 2025. In general, the DRRC was supportive of the proposed amendment, noting support for changes to lighting heights and illumination levels adjoining residential and agricultural areas. The committee expressed concern about what happens to establishments when they need to change lighting fixtures; for example, changing incandescent fixtures for LED fixtures. After discussions with the Zoning Administrator, fixture replacements would be allowed, however should an establishment seek additional lighting fixtures, to modify where fixtures are located on site, or change the mounting height of fixtures, they would need to comply with any new requirements. He continued, the DRRC noted the need for differentiation between commercial/industrial lighting and residential lighting for correlated color temperature (CCT). Following the committee meeting, Staff have revised the requirement and increased the CCT for C/I and high security lighting areas. In response to DRRC comments Staff modified the proposed amendment for building-mounted fixture height for non-residential uses and specified illumination levels for loading docks. Commissioners asked Staff to clarify enforcement, nonconforming lighting, and general safety of the community. The Commission members expressed support for the changes to address concerns where residential and agricultural uses adjoining commercial and industrial uses while also maintaining the business friendly nature of the ordinance. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Four members of the public spoke; the citizen comments noted that changes to the lighting ordinance were a step in the right direction and would further address community health, light pollution, and glare. No one else came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to supplementary use regulations for outdoor lighting contained in §165-201.07 to modernize outdoor lighting standards. (Note: Commissioner Markert was absent from the meeting) Ordinance Amendment to the Frederick County Code: Modifications to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. He noted, this ordinance amendment was initiated by Staff. Mr. Pearson continued, the R4 Zoning District in intended to be a higher density mixed-use/mixed-housing type district as stated in the ordinance. The R4 Zoning District standards section was last comprehensively updated in 2013. Mr. Pearson shared, the Board of Supervisor’s authorized Staff to proceed with committee review at their September 10, 2025 meeting. The Development Review and Regulations Committee (DRRC) discussed the proposed amendment on September 25, 2025 and were supportive of the proposed amendment. 6 Frederick County Planning Commission Page 4231 Minutes of November 5, 2025 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 Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. (Note: Commissioner Markert was absent from the meeting) Ordinance Amendment to the Frederick County Code: Modifications to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Specifically, Staff proposes increasing the maximum height allowed to 60-feet and removing the restriction on habitable floors from a maximum of three (3). He noted, 60-feet corresponds to the maximum height allowed for a multistory residential building. This would enable true mixed-use type structures with ground floor commercial/retail and residences above. This ordinance amendment was initiated by Staff at the request of a developer. Mr. Pearson continued, as stated in the ordinance: The TNDB Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the County’s present and future populations, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety, and general welfare of the public and the orderly development of Frederick County. He noted, the TNDB district standards section was last comprehensively updated in 2008. Mr. Pearson concluded, the Board of Supervisors authorized Staff to proceed with committee review and to advertise for public hearings at their September 10, 2025 regular meeting. The Development Review and Regulations Committee discussed the proposed amendment on September 25, 2025 and were supportive of the proposed amendment. 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 Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to amend dimensional regulations 7 Frederick County Planning Commission Page 4232 Minutes of November 5, 2025 contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. (Note: Commissioner Markert was absent from the meeting) ------------- ACTION Rezoning #08-25 Eastgate Commerce Center Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a request for a minor proffer amendment to amend proffers associated with REZ #02-97, Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five (5) to six (6) and removing the proffer requiring a thirty foot wide road efficiency buffer along Tasker Road . He shared a zoning map of the area. Mr. Bishop continued, the previous rezoning application (REZ #02-97) was approved by the Board of Supervisors on August 13, 1997, and rezoned the subject property and a larger area (known as Eastgate Commerce Center) from RA (Rural Areas, B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial) zoned land to B2, B3, and M1 zoned land with proffers. Since that time, this area of the County has developed with a shopping center, convenience uses, and industrial uses. The remaining 30.40 acres of B2 on the north side of Tasker Road (the subject property) remains undeveloped. Mr. Bishop continued, the Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan provide guidance on the future development of the subject property. The Plan identifies the subject property within the “Route 277 Triangle – Centers of Economy” and having a business land use designation. The property is located in the Sewer and Water Service Area (SWSA) and outside the Urban Development Area (UDA). Mr. Bishop shared a long range land use map of the area. The proposed minor proffer amendment and existing zoning (B2) is otherwise in conformance with the Plans future land use policies. In regard to Transportation and Site Access; REZ #02-97 limited street intersection to Tasker Road to five streets that would create three intersections with Tasker Road. The proposed rezoning seeks to enable an additional connection, enabling six streets and four intersections with Tasker Road. He explained Tasker Road is identified in the Comprehensive Plan as an improved major collector. Currently, Tasker Road right-of-way (ROW) is 80-FT wide. To meet the envisioned improved major collector roadway, 105-FT of ROW would be required. Commissioner Thomas stated a continued need to be able to accommodate future widening of Tasker Road along the subject property frontage. He asked if the Applicant would commit to 105-FT of ROW. The Applicant stated their willingness to amend the proffer statement to provide the ROW dedication prior to the Board of Supervisors taking action. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas to recommend approval of the rezoning for a minor proffer amendment with the ROW dedication included BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #08-25 Eastgate Commerce Center proffer amendment. 8 Frederick County Planning Commission Page 4233 Minutes of November 5, 2025 (Note: Commissioner Markert was absent from the meeting) ------------- OTHER The Planning Commission unanimously recommends Staff request the Board of Supervisors to authorize Staff to research areas better suited for substations. A motion was made by Commissioner Whitacre to request a prayer of all faiths be shared before the Planning Commission meetings. Commissioner Brannon seconded this motion. Commissioners Whitacre, Brannon, DeHaven, Kozel, McKay, Thomas, Bottorf, Stowe, Sneddon, and Brumback voted in favor of , with Commissioner Kerns voting to not support this. Commissioner Markert was absent. Wyatt G. Pearson, Director, introduced Eric Bittner, who is our new Planner in the Planning Department. 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 8:45 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9