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PC 11-15-17 Meeting MinutesMEETING 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 15, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Greg L. Unger, Back Creek District; William H. Cline, Stonewall District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the November 15, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3490 Minutes of November 15, 2017 COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPQ — Mtg. 11/13/17 Commissioner Marston reported the committee reviewed the update to the Eastern Road Plan and recommended approval. City of Winchester Commissioner Richard Fieo, Winchester City Planning Commission Liaison, reported the Commission has not met since our last meeting on November 1, 2017. CITIZEN COMMENTS Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone submitted by Lawson and Silek, PLC., to rezone 394.2 acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The properties are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek Magisterial District. Action — Postponed for 90 days Candice E. Perkins, Assistant Director reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. She continued, at that time 394 acres was rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Ms. Perkins noted the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, Berm heights and installation timing, landscaping exhibit removal, and cemetery access. She presented a locations map of the property. Frederick County Planning Commission Page 3491 Minutes of November 15, 2017 Ms. Perkins reported the amendment seeks to remove the previously proffered Overall Plan, Phasing I -II-III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the General Development Plan (GDP); this amendment seeks to eliminate these components and only utilize one (1) GDP. Ms. Perkins presented the GDP which is generally consistent with the outline of the previously approved GDP in reference to the Berm locations on the properties. Ms. Perkins reviewed the proffers revisions: Viewshed Plans, Berm Heights, and Berm Installation Timing: • The viewshed plans from the approved rezoning depicted the proposed berm heights that would provide screening and protection for surrounding properties. • Berm heights ranged from 10' to 30' as depicted on the viewshed plans. • Berm timing — Berms A and B were to be installed within 10 years of rezoning approval (installation by 2018). Berms C and D were to be installed no later than 10 years before the commencement of mining north of Chapel Road. • This amendment removes all minimum/maximum heights and timing is now prior to the commencement of any extraction of materials. Cemetery Access: • Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right-of-way that would provide access to the cemetery via Chapel Road. *(the approved rezoning stated that the applicant would improve the Marsh Brook Lane access within 12 months of completion of the cemetery restoration) • The proposed amendment does not contain a timeline for the installation of this accessway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. Ms. Perkins noted it appears this proposed proffer amendment will have a great impact on the surrounding residential properties. She continued, the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Commissioner Thomas inquired about the rights to water supply in paragraph 4.1 of the proffers. Ms. Perkins explained this afternoon a proffer amendment was received from Mr. Ty Lawson; Staff and the County Attorney were not able to review these prior to this meeting and cannot comment on them at this time. Commissioner Oates asked how long has the Applicant been working with Staff on these revisions. Ms. Perkins noted in June 2017 comments were provided to the Applicant. Commissioner Thomas inquired, in the original proffers there were a lot of commitments as far as pre -blast surveys of the properties surrounding the quarry; who was responsible in making sure the Applicant performed those commitments that were agreed to in the original rezoning; is the County involved in that, specifically the surveys concerning property conditions, water well conditions, and seismic monitoring. Michael T. Ruddy, Director reported it is the Applicant's responsibility to make sure Frederick County Planning Commission Page 3492 Minutes of November 15, 2017 they are fulfilling their proffers•, should it arise that those proffers are not being fulfilled or there is a complaint, that would be investigated and determined if the proffers are being met or not. Commissioner Thomas asked has Staff heard anything from residents that the proffers were not implemented as originally agreed to. Mr. Ruddy commented no, not at this time. Commissioner Kenney requested clarification on the berms being installed and landscaped prior to commencement of permitting; the revised statement reads "at permitting". Ms. Perkins explained she can only comment on the one included in the agenda. She noted the one in the agenda reads "shall be installed at the commencement of permitting". Commissioner Mohn commented as currently proffered and approved, to clarify, the height of the berms is up to the Applicant. Ms. Perkins stated that is correct, the berm height is the Applicants discretion and they eliminated the landscaping detail. Commissioner Mohn commented the current approval offers more to work with; the new proposal has no specificity. Commissioner Triplett inquired what timeframe will be put in place for the berms to be built. Ms. Perkins commented there will not be a timeframe with this proposal. Commissioner Oates commented for clarity and should ignore what was submitted just a few hours ago and focus on what is in the agenda. Commissioner Kenney asked how close the berms on the north end are from the residential strip of community housing there. Ms. Perkins deferred this question to the Applicant as to if they have an exact distance planned for the old and new proffers. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.0 representing the Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north end of the property. In response to Commissioner Oates; Mr. Lawson noted when this exercise was started it was written in a way to just focus on things they wanted to change, as things developed it was pointed out with this rezoning being relatively old a lot has been done therefore what has been accomplished should be considered. Mr. Lawson continued 36+ acres has been conveyed to the Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8 -acre historical reserve grew to 36 acres; Phase I archeological study; Two (2) cemeteries were restored; ground water, labeled as completed but under way; pre -blast surveys are ongoing (have contacted 105 families); noise requirements are the same; well monitoring is ongoing; phasing of berms A and B is complete. Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing proffers states the berms be installed ten (10) years prior to mining activities, this has been removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided photos of the viewshed and the GDP. Commissioner Thomas inquired why the berms are being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the property line in turn making the impacts less severe. Commissioner Thomas commented, to simplify; relocating the berms now depends on where the high-quality mineral is to be mined. Mr. Lawson stated that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for neighbors also. Commissioner Thomas noted relocating the berms has no bearing on the height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but somehow Frederick County Planning Commission Page 3493 Minutes of November 15, 2017 became part of the public process; this is not something the company wanted, and the intent is to vary the berm sizes. Commissioner Thomas requested clarification that the 85 property owners within the property boundary have been contacted regarding pre -blast surveys. Mr. Lawson noted the Applicant contacted all property owners, also offered pre -blast surveys and well monitoring at the Applicant's expense; some have taken advantage of this and others have not. Commissioner Thomas asked if someone comes forth years down the road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers in advance therefore having something to go by. He noted the existing proffers do not change obligations to one another; complaints and questions are addressed by the company at all times. Commissioner Thomas asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown VA operation came forward. He reported the operation at Chemstone monitors every blast; they have permanent seismic graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently there are no monitors at the northern end where this is no mining yet; they do place mobile units if necessary. Commissioner Thomas inquired has there been any reported impacts/damages from blasting. Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt stronger than normal. He reiterated, they do monitor all blasts. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Barbara Basil of 379 Westernview Drive came forward with comments and concerns. She explained she would like to see this item delayed as there has not been adequate time to review or meet with the Applicant; she disagrees with Mr. Lawson that revised proffers do not seek to remove any protection to the property owners; the berms are the primary protection to homeowners; the height of the berms being at the Applicants discretion is grossly ambiguous; she has owned her property for seven (7) years and has never been contacted by Carmeuse to offer the protections of a well survey or foundation survey. Ms. Basil concluded the timeline for the berms is significant and a timeline needs to be in place and the current proffers that have been in place need to be abided by. Mr. Keion Banks of 443 Westernview Drive came forward. Mr. Banks shared his concerns: he feels the proffers are vague and ambiguous in the wording; there are no measurable standards in place; he would request this rezoning be tabled for further study. Mr. Keith McNeely of 443 Westernview Drive commented he has met with Carmeuse, he continues to feel the berms are an issue; very few residents have been contacted; requests that more time be given to review this rezoning. Mr. Kevin Barrington of Westernview Drive spoke. He shared his concems and comments: he has never been contacted by Carmeuse for any type of survey; the berms are not enough protection; wants to have a water survey done; would like more time for this rezoning to be processed; stated Carmeuse is not a good neighbor and have not held up to their end of the deal. Mr. Bill Hunter of Westernview Drive commented he has not been contacted by Carmeuse. He continued, the property line distance is inadequate; he would like to request the Planning Commission soften the blow this quarry will cause and would like to have this item tabled for further study. Frederick County Planning Commission Page 3494 Minutes of November 15, 2017 Ms. Laurie Hunter of Westernview Drive commented the photos provided by Mr. Lawson are inadequate and do no show everything. Mr. Paul Clevenger carne forward and expressed his opposition to this rezoning. Mr. Paul Kissack shared three basic concerns with this rezoning: would request this be postponed allowing the community to meet with Carmeuse; how many acres is this going to encompass and what is the status of a tunnel that was mentioned at some point; what happens to the water sources that are on the property. He addressed the mapping presented by Staff. He noted, more information needs to be provided to the citizens and surrounding property owners. Ms. Patty Hammer of Westernview Drive commented she has not received any notifications or offers from Carmeuse. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from the property line under the existing proffers; the Applicant has copies of notifications/letters that were sent to property owners for pre -blast surveys and well monitoring. Commissioner Mohn reminded everyone this item is not about the rezoning, it is pertaining to the proffers being amended. He commented he is agreeable to a delay on this and noted community engagement is extremely important. Commissioner Oates commented, this item must be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. Commissioner Oates continued, he urges the citizens to take advantage of the offer made by Carmeuse for pre -blast surveys and well monitoring so there can be a base starting point down the road. He concluded, the language is very ambiguous and vague; the Applicant needs to put back in the drawings and examples and put things in writing so that it is very clear. Commissioner Marston agreed with Commissioner Oates comments, he noted he does not like last minute items being presented. Commissioner Thomas commented his concern is if the Applicant is upholding the original proffers and urged the citizens to take part in all surveys offered by the Applicant. Upon motion made by Commissioner Marston and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend postponement for 90 days with a Public Hearing to be held on Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone submitted by Lawson and Silek, PLC., to rezone 394.2 acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The properties are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek Magisterial District. Frederick County Planning Commission Page 3495 Minutes of November 15, 2017 (Note: Commissioners Unger and Cline were absent from the meeting) Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Action — Recommend Approval M. Tyler Klein, Planner reported this request is for use of an existing barn/guesthouse for a special event facility. He continued, the property is located at 4212 Apple Pie Ridge Road in the Stonewall Magisterial District, the parcels for this application are 22-A-89 and 22-A-94 presently zoned RA (Rural Areas), and the current land use is Agricultural/ Open Space. Mr. Klein noted the proposed special event facility is for weddings and other similar events. Mr. Klein presented mapping and pictures of the property. He explained, the Applicant is proposing: to use the existing 3,784 SF two-story barn for special events; to use an existing 1 -bedroom guesthouse for special events; to construct a gravel parking area to accommodate up to 150 vehicles; to construct a new/ separate commercial entrance; and to construct permanent restroom facilities (new septic system and drain field). Mr. Klein noted, no permanent kitchen is proposed and will use outside catering only; in addition, the facility may accommodate up to 290 persons. Mr. Klein reported the proposed conditional use is consistent with the 2035 Comprehensive Plan; which supports opportunities for agritourism and agribusiness. He noted the Board of Supervisors approved "special event facilities" as a conditional use in the RA Zoning District in May 2017. Mr. Klein stated the Applicant has addressed all review agency comments, including site access, compliance with the building and fire safety code; and the proposed use is consistent with the County's policies and regulations. Mr. Klein presented the following conditions recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan shall be submitted and approved by Frederick County prior to establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. All outside music shall conclude by 9 p.m. and music may continue indoors until the conclusion of the event. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign is permitted. 8. Any expansion or modification of this use will require the approval of a new CUP. Mr. and Mrs. Paul and Mary Valentino came forward and presented a brief history of when they acquired the property and the upgrades they have made. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Frederick County Planning Commission Page 3496 Minutes of November 15, 2017 Ms. Donna Williams of 3725 Apple Pie Ridge Road came forward and shared her concerns with the noise and traffic impacts this facility will generate. She noted they are however excited to see this farm come back to life. Mr. David Ray of 3749 Apple Pie Ridge Road came forward to share his concerns with noise, traffic and his concern this will set a precedent of more venues to come in this area. Mr. Adam Schnupp who resides at 184 Winding Hill Road came forward to express how impressed he is with the restoration of the farm and the structures. He noted this is a very classy job and commended the owners for a job well done. Ms. Rebecca Morrison of the Gainesboro Magisterial District expressed her concern with traffic on this road. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kenney commented he has been to this property and it is commendable as to the work that has been done. He noted he feels the concerns will be handled professionally. Commissioner Manuel commended the Applicants on land conservation and restoring such a beautiful place. Commissioner Oates noted he understands the traffic and noise concerns and doesn't feel this will be a burden; he commented VDOT will be responsible for the road maintenance. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. (Note: Commissioners Unger and Cline were absent from the meeting) Eastern Road Plan/comprehensive Plan Amendment — A proposed amendment to the Frederick County 2035 Comprehensive Plan to update and clarify a number of items on the Easter Road Plan. The Eastern Road Plan guides road projects in Frederick County that address the long-range transportation needs of the County. Action — Recommend Approval John A. Bishop, Assistant Director Transportation reported the Eastern Road Plan is the primary transportation map in the County's Comprehensive Plan. He continued, it is the document that guides transportation planning in the County, keeps citizens apprized of long term transportation planning, and assists the Board of Supervisors and County Planning Staff through land use planning actions. Frederick County Planning Commission Page 3497 Minutes of November 15, 2017 Mr. Bishop explained the Eastern Road Plan is developed to plan a transportation network that supports the Board of Supervisors' long-range vision for the overall development of the County. Mr. Bishop noted this update is primarily to incorporate VDOT work on Route 37 and Route 522 and to clean up/clarify several items as described below: Route 37 – Staff is seeking to incorporate updated VDOT work on Route 37 to have the needs shown be as up to date as possible. Included are ramps updated to more current standards, ramp work where previously there had only been a note of a desire for an interchange, and updates to the centerline where needed for engineering purposes. At the proposed interchange for Snowden Bridge Boulevard there are two scenarios shown. One scenario shows an interchange with a spacing of 8—feet while the other interchange shows a spacing of 1,200 feet. There are positives and negatives to both designs. The 800 feet ramp spacing allows less room for stacking and as such would require future Snowden Bridge Boulevard to have features such as double lefts to adequately accommodate stacking. However, the reduced spacing results in a much smaller impact on the surrounding industrial property. The 1,200 feet ramp spacing scenario allows for better stacking and thus a narrower Snowden Bridge Boulevard, but results in a much more significant right-of-way impact. 2. Independence Drive alignment – the current Eastern Road Plan shows an offset between Independence Drive and what was formerly known as the Channing Drive extension, now Constitution. This update corrects the offset. 3. Lenoir Drive – Slip ramp clarification: For many years a ramp has been shown on the plan connecting Lenoir Drive to Route 37 at Stonewall Industrial Park. However, as drawn currently it gives the impression that a vehicle could only exit Lenoir Drive onto southbound Route 37. The update clarifies that traffic could exit to southbound Route 37 and exit from southbound Route 37. 4. Route 522 Realignment – as part of their modeling and study surrounding Exit 313, VDOT analyzed the planned Route 522 realignment and has recommended the alignment shown in this update. The current plan has the Route 522 realignment intersecting with Route 50/17 at Ryco Lane, whole the proposed change realigns Route 522 to Prince Frederick Drive. The new alignment is preferable due to improved spacing from surrounding intersections and reduced direct impact on surrounding businesses. As part of this recommendation, VDOT vetted this improvement through the regional travel demand model. 5. Stephens City bypass – Connector Road: The Stephens City bypass does not have access to Route 11 due to the close proximity to the future relocated Exit 307. This update incorporates the connector roadway from Stephens City, planning that offers the first access back to Route 1 I from the Stephens City bypass. 6. Tasker Road Alignment– This update adjusts the alignment of Tasker Road to match the work completed by VDOT in the vicinity of I-81, Exit 310. Mr. Bishop concluded Staff is further seeking recommendation to the Board of Supervisors on whether to incorporate the changes outlined into the Comprehensive Plan and a recommendation on the proposed changes with the 800' alternative for Snowden Bridge Boulevard. He Frederick County Planning Commission Page 3498 Minutes of November 15, 2017 noted, the Transportation Committee reviewed this on October 30, 2017 and the CPPC reviewed it on November 13, 2017; both committees recommended approval. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval Eastern Road Plan/Comprehensive Plan Amendment — A proposed amendment to the Frederick County 2035 Comprehensive Plan to update and clarify a number of items on the Easter Road Plan. The Eastern Road Plan guides road projects in Frederick County that address the long-range transportation needs of the County. (Note: Commissioners Unger and Cline were absent from the meeting) INFORMATION/ DISCUSSION ITEMS Solar (Photovoltaic) Power Plant — Discussion of a request to add solar (photovoltaic) power generating facilities to the use list for the RA (Rural Areas) Zoning District. M. Tyler Klein, Planner reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA (Rural Areas) Zoning District. He continued, under the current regulations public utility generating facilities are allowed by -right as a "public utility" and solar generating energy facilities are typically privately -owned and thus do not fall under the definition of a "public utility". Mr. Klein explained Staff has drafted a revision to the Zoning Ordinance to include a definition for a Solar (Photovoltaic) Energy Facility, provided supplementary use regulations, and revised the permitted use list for the RA Zoning District. Mr. Klein provided the definition of a Solar (Photovoltaic) Energy Facility: An energy conversion system consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware on property consisting of six (6) or more acres and may be termed a solar farm. Systems: Mr. Klein presented the Supplementary Use Regulations for Solar (Photovoltaic) Energy A. An engineered site plan shall be submitted to and approve by Frederick County. B. The facility shall, at a minimum, meet the setback requirement for primary structures in the RA District. C. All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility. Frederick County Planning Commission Page 3499 Minutes of November 15, 2017 D. Buffers and screening (including distance, opaque elements, and landscaping) shall be determined by the Zoning Administrator at time of site plan. E. Within 365 days of abandonment or discontinuation, the owner of the system shall physically remove all components of the solar energy system or the County may have it removed at the expense of the owner. Mr. Klein concluded, the DRRC discussed this amendment at their July, August, and September 2017 meetings and agreed with the proposed changes. Commissioner Kenney commended Mr. Klein on a job well done on this amendment. Commissioner Marston commented Mr. Klein is right on que with this and he has heard some farmers are getting requests. Commissioner Oates commented he sees one issue with this regarding the buffers and screening to be determined by the Zoning Administrator at time of site plan; he feels this puts the Zoning Administrator in a tough position, should let it stand at what the zoning ordinance requires and work from there. Commissioner Mohn agreed with Commissioner Oates and feels there needs to be a starting point then it can be modified. Mr. Klein clarified, the panels will have to meet the primary setback, therefore at a minimum it would be 50'. Chairman Wilmot inquired was there a representative from the agricultural community present. Mr. Klein noted yes, Mr. Paul Anderson was present and was in favor of this amendment. There was no further discussion currently. Announcements Mr. Michael T. Ruddy, Director invited the Planning Commission to a Joint Work Session to be held on November 29, 2017 and the Transportation Forum on December 5, 2017 with more information to be sent out to each member coming soon. Cancelation of the regular meeting Chairman Wilmot announced there were no pending items for the Planning Commission's December 6, 2017 meeting. A motion was made by Commissioner Thomas to cancel the December 6, 2017 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. Frederick County Planning Commission Page 3500 Minutes of November 15, 2017 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 Mohn and unanimously passed. The meeting adjourned at 9:35 p.m. Respectfully submitted, -Kevin Kenney, eC4�h �- _ i Michael T. Ruddy, Secretary ; Frederick County Planning Commission Page 3501 Minutes of November 15, 2017