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HomeMy WebLinkAboutPCMinutes2026January7 Frederick County Planning Commission Page 4238 Minutes of January 7, 2026 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 January 7, 2026. PRESENT: Tim Stowe, Chairman/Red Bud District; Charles Markert, 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; Joseph M. Crane, Gainesboro District; John J. Lamanna, Member at Large. ABSENT: None 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; Andrew R. Fox, County Attorney. CALL TO ORDER Chairman Stowe called the January 7, 2026 meeting of the Frederick County Planning Commission to order at 7:00 p.m. INVOCATION Ross Halbersma, Pastor, of New Hop Alliance Church delivered the invocation. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel 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 November 5, 2025 meeting. ------------- 4 Frederick County Planning Commission Page 4239 Minutes of January 7, 2026 ELECTION OF OFFICERS FOR 2026 Election of Tim Stowe, Chairman for 2026 Director, Wyatt G. Pearson, declared nominations open for Chairman for the 202 6 calendar year. The nomination of Mr. Stowe for Chairman was made by Commissioner Thomas and seconded by Commissioner Markert. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Tim Stowe as Chairman of the Planning Commission for calendar year 2026. Election of Roger L. Thomas, Vice Chairman for 2026 Director, Wyatt G. Pearson declared nominations open for Vice Chairman for the 2026 calendar year. The nomination of Mr. Thomas for Vice Chairman was made by Commissioner Bottorf and seconded by Commissioner Whitacre. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for calendar year 2026 Election of Wyatt G. Pearson, Secretary for 2026 Vice Chairman Thomas declared nominations open for Secretary for the 2026 calendar year. The nomination of Mr. Pearson was made by Commissioner Thomas and seconded by Commissioner Whitacre. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Wyatt G. Pearson as Secretary of the Planning Commission for calendar year 2026. ------------- COMMITTEES Development Review and Regulations Committee – 12/11/25 Commissioner Kerns reported reviewed and discussed RP District Dimension Requirements and Public Utilities – Transmission and Distribution Facilities. These items were forwarded to the Planning Commission. Comprehensive Plans and Programs Committee – 12/8/25 Commissioner DeHaven reported the committee reviewed the 2026-2031 Capital Improvement Plan and sent this forward to the Planning Commission. 5 Frederick County Planning Commission Page 4240 Minutes of January 7, 2026 Frederick Water – 12/16/25 Commissioner Bottorf reported the Board reviewed the fiscal 25 financial report; an audit was performed by Brown, Edwards, and Company and there were no findings issued by auditors and Frederick Water is on firm financial ground. The County continues to be in drought conditions. The Board approved a revised residential leak adjustment policy. He continued, Lake Frederick Well is nearly complete; testing and training to operate should come through in the next few weeks. The advanced metering system with turns on dates in January; antennas will send signals to Frederick Water offices and there will be an app of real time water usage in homes. Board of Supervisors – 12/10/25 Supervisor Orndorff, Board of Supervisor Liaison, reported the Board postponed and Ordinance Amendment to the Frederick County Code to modify Supplementary Use Regulations for Outdoor Lighting. The Board approved an Ordinance Amendment to the Code for modification to amend Design Requirements. ------------- 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. The following individuals spoke in opposition to data centers being permitted in Frederick County: Willie Deutsch Opequon District John Taglamento Gainesville VA Ariel Agmon Shawnee District Kurt Creager Back Creek District Darla Barrett Gainesboro District Pete Zolkoski Back Creek District Jan Van Haule Back Creek District James Jennis Back Creek District Jack Tensley Gainesville VA Scott Sturdivant Back Creek District Dan Best Back Creek District Neil Tedrow Back Creek District Sheila Tilley Winchester VA David Dixon Stonewall District Gary Krause Shawnee District Wendy Warner Winchester VA John Randall Back Creek District Casandra Nicholson Winchester VA Jennifer Herring Gainesboro District Leslie Spencer Gainesboro District Debbie Stottlemyer Stonewall District Blaine Dunn of the Red Bud District did not oppose and offered a different perspective. 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 additional regulations for specific uses contained in §165-204.26 for public utilities and use permissions for the Rural Areas (RA) Zoning District. 6 Frederick County Planning Commission Page 4241 Minutes of January 7, 2026 Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend Chapter 165 Zoning Ordinance to further add performance standards for “Public Utilities – Transmission and Distribution Facilities” in the RA zoning district. This amendment was initiated by the Board of Supervisors at the request of the Planning Commission for inclusion of performance standards and consideration of modifying use permission from allowed use (permitted by-right) to a conditional use (requiring a CUP). He shared the current standard of the ordinance. Mr. Klein continued, Staff reviewed the regulations for substations in other Virginia localities. Most other jurisdictions require a “special exception” (i.e. a conditional use permit) or similar public process for electrical substations on properties primarily zoned for agricultural/residential uses in addition to the state code require 2232 review. Additionally, most if not all the other localities that were reviewed include performance standards to regulate setbacks , screenings, landscaping, and other elements of site design. He explained, typical performance standards included minimum setbacks (varying from 50 feet to 100 feet from residential uses), screening required (varying from 8 foot to 12 foot tall wall or fence), and buffers (with planting sizes of 6 foot tall trees and 42 -48 inch tall shrubs). He noted that species for plantings need to be considered carefully as many typical screening trees can grow to mature heights that would be incompatible with overhead utility lines. Additionally, some localities require co-location studies and/or environmental noise impact assessments when considering electrical substation citing. Mr. Klein presented the Proposed Standards of the zoning ordinance. Mr. Klein concluded the DRRC discussed this item on December 11, 2025, and expressed support for the proposed amendment. The DRRC did not support changing the use permission to require a Conditional Use Permit. The primary discussion among the Planning Commission members was requiring a CUP for “Transmission Voltage Electrical Substations,” and the merits of such a change including opportunity for public input through the conditional use permit process and conditioning such facilities with standards in excess of what the zoning ordinance would otherwise require. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Four (4) members of the public (Curt Creager, Leslie Spencer, Willie Deutch, and Jan Van Haute) spoke in regard to the proposed ordinance amendment and stated their support for the proposed changes but to further require a CUP for the regional/wholesale type facilities (Transmission Voltage Electrical Substations). No one else came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner DeHaven and seconded by Commissioner Whitacre to approve the proposed amendment with the use permission for “Public Utilities-Transmission Voltage Electrical Substations” be further amended to a conditional use BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Ordinance Amendment to the Frederick County Code – modifications to additional regulations for specific uses contained in §165-204.26 for public utilities and use permissions for the Rural Areas (RA) Zoning District. Yes: Vaughn, Crane, Markert, Stowe, Bottorf, Kozel, DeHaven, Lamanna, Brumback, McKay, Sneddon, Kerns No: Thomas Ordinance Amendment to the Frederick County Code – modifications to amend design requirements contained in §165-402.09 for the Residential Performance (RP) Zoning District. 7 Frederick County Planning Commission Page 4242 Minutes of January 7, 2026 Action – Recommend Approval Eric Bittner, Planner II, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to modify dimensional requirements for certain housing types in the Residential Performance (RP) Zoning District to allow for townhouses which are accessed through an alley in the back of the property, referred to herein as rear-loaded. This ordinance amendment was requested by Pennoni Associates, Inc. in a letter to the Planning and Zoning Department dated August 25, 2025. This ordinance amendment would allow for the townhouses that are accessed through the rear via an alley. The primary changes are in a reduction to the required rear setbacks if the townhouses are rear loaded. Mr. Bittner continued, a concern noted by Staff is that the 18-foot driveway referenced in Pennoni’s letter is not reflected in the proposed changes. Similarly, this distance is not included in the 6- foot rear setback that is proposed. The 60-foot setback is not likely to be utilized as the building would probably need to be a further distance from the alley to accommodate the required off -street parking. He noted, Frederick Water has expressed concern over underground utilities being provided via the a lley easement and with sharing the utility easement with other uses which may affect or be affected by utility maintenance. The rear setback concern is not extended to the setbacks for unroofed decks, as these features are able to be elevated to still allow for parking. Several of the proposed changes should be better specified to apply rear loaded townhouses, namely the reduction of the side yard to 5 feet. Staff does not believe this change is necessary to adequately accommodate this use. He noted, the allowance for a reduced side setback reduction in sub-section B2 in the proposed standards and the setback reduction without a garage in sub-section C2 are not necessary to accommodate rear loaded townhouses. Mr. Bittner reported, it should be considered that the required off-street parking of 2.5 spaces may be supplied through parking bays within a development and would likely not need to be fully captured on the individual lots. He noted, if approved, this amendment would become an administrative requirement, allowing rear-loaded townhouses as a by-right use in the RP district, no approval or waivers would be necessary from the Board of Supervisors. A cross-comparison of other Virginia localities was shared by Mr. Bittner. He presented the Proposed Standards for this zoning ordinance. Mr. Bittner concluded, this item was reviewed by the DRC on December 11, 2025; the committee generally supported the proposed changes for rear-loaded townhomes. There were concerns regarding green space and townhomes being located against major roadways. Both scenarios are addressed currently in the code, via minimum greenspace requirements and road efficiency buffers respectively. The Board of Supervisors discussed this ordinance amendment at their November 12, 2025 meeting and directed Planning Staff to take the ordinance amendment forward for further study and to authorize Staff to hold public hearings. In their discussion the Board expressed support for having additional options for more diverse housing types to meet changing market trends, as well as concerns regarding parking and overall affordability. The Planning Commission members raised question regarding reaction from Fire and Rescue and analysis for underground utilities, both of which will be addressed at the site plan phase. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Three members of the public (Curt Creager, Leslie Spencer, and David Frank) spoke on the proposed ordinance amendment. They expressed support for the amendment, and one voiced a desire for additional green space and landscaping. No one else 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 – modifications to amend design requirements contained in §165-402.09 for the Residential Performance (RP) Zoning District. 8 Frederick County Planning Commission Page 4243 Minutes of January 7, 2026 Yes: Vaughn, Crane, Markert, Stowe, Bottorf, Kozel, DeHaven, Lamanna, Brumback, McKay, Thomas, Kerns No: Sneddon ------------- OTHER Data Center Fact Sheet – report summarizing key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. Wyatt G. Pearson, Director, reported, at the direction of the Board of Supervisors, Planning and Development Staff conducted a high-level review of data centers as a principal land use. He said the report describes key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. Mr. Pearson stated data centers present both opportunities and challenges for the County, and their potential to contribute to fiscal balance and economic development must be weighed against infrastructure demands, environmental impacts, and community compatibility. He noted the County’s updated ordinance provides a robust framework for evaluating future proposals, and Staff should continue to monitor state legislative changes and continue coordination with utility providers if data center project developers seek to locate in Frederick County. The Planning Commission discussed the Data Center Fact Sheet and passed two motions to be sent to the Board of Supervisors as follows: 1. Request the Board of Supervisors direct Staff to create a data center policy that will establish strict guidelines to ensure data centers provide measures to protect the health, safety, and welfare for Frederick County citizens and provide information to developers and communities regarding the County’s expectations when preparing an application for and for the siting of a data center project. (Whitacre only no) 2. Request the Board of Supervisors direct Staff to amend the Comprehensive Land Use Map to show technology land use areas where data center projects are to be located; data center proposals should be considered only within these technology land use areas. (Whitacre only no) ------------- 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 10:10 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9