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PC 01-20-21 Meeting MinutesFrederick County Planning Commission Page 3778 Minutes of January 20, 2021 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 20, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek District; Kathleen Dawson, Red Bud District; Christopher M. Mohn, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the January 20, 2021 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas the Planning Commission unanimously adopted the minutes from the December 2, 2020 meeting. ------------- Frederick County Planning Commission Page 3779 Minutes of January 20, 2021 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2021 Candice E. Perkins, Assistant Director presided over the election of the Chairman and Vice-Chairman for 2021. Election of Kevin W. Kenney, Chairman for 2021 Assistant Director, Candice E. Perkins declared nominations open for Chairman for the 2021 calendar year. The nomination of Mr. Kevin W. Kenney for Chairman was made by Commissioner Thomas and seconded by Commissioner Marston. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Kevin W. Kenney as Chairman of the Planning Commission for the calendar year 2021. Election of Roger L. Thomas, Vice Chairman for 2021 Assistant Director, Candice E. Perkins declared nominations open for Vice Chairman for the 2021 calendar year. The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner Triplett and seconded by Commissioner Mohn. 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 the calendar year 2021. Election of Roderick B. Williams Chairman Kenney declared nominations open for Secretary for the 2021 calendar year. The nomination of Mr. Roderick B. Williams was made by Commissioner Thomas and seconded by Commissioner Triplett. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roderick B. Williams as Secretary of the Planning Commission for the calendar year 2021. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2021 Chairman Kenney stated the Planning Commission’s Bylaws and Roles and Responsibilities and Meeting Schedules have been reviewed by the Commission and are ready for the Commission’s consideration and adoption. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas Frederick County Planning Commission Page 3780 Minutes of January 20, 2021 BE IT RESOLVED that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar year of 2021 as presented. Commissioner Oates commented he would like to see the Planning Commission become a seven (7) member Commission rather than thirteen (13). COMMITTEE ASSIGNMENTS Chairman Kenney reported Elizabeth Kozel has been appointed to the DRRC and Kathryn Slaughter will join the CPPC and John Light has been removed from the CPPC. He asked that all other Planning Commission members remain in their current committee assignments. ------------- COMMITTEES Comprehensive Plans and Programs Committee – Mtg. 01/11/21 Commissioner Mohn reported the committee discussed and sent forward the 2021 – 2026 Capital Improvement Plan. Frederick Water – Mtg. 01/19/21 Commissioner Marston reported, the Board of Directors authorized execution of the OWSP Quarry Intake Design-Build GMP (Guaranteed Maximum Price) Contract. He shared the operations report for December 2020. City of Winchester – Mtg. 01/19/21 Chairman Kenney reported on behalf of the City of Winchester liaison. The Commission held their election of officers; a motion to initiate an ordinance repealing and replacing article 17 that would update and improve regulations regarding nonconformities in the zoning ordinance; and a Corridor Enhancement review of an 8-unit townhouse development. ------------- CITIZEN COMMENTS Chairman Kenney 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 Kenney closed the public comments portion of the meeting. Frederick County Planning Commission Page 3781 Minutes of January 20, 2021 PUBLIC HEARING Green Spring Agricultural and Forestal District Addition to consider adding additional parcels into the Green Spring Agricultural and Forestal District. These properties are located 475 Green Spring Road, Winchester, Virginia and are identified with Property Identification Numbers21-3-20, 21-3-21, 21-3-22, 21-3-23, 22-A-45, 22-A-46, 22-A-47, and 22-A-49 in the Gainesboro Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning and Subdivision Administrator, reported this is a request to add eight parcels totaling 90.86+/- acres to the Green Spring Agricultural and Forestal District; the District is located in the Gainesboro Magisterial District and currently contains 385.63+/- acres within two (2) parcels managed by two (2) property owners. He noted it is generally located along Glaize Orchard Road (Route 682) to the south and Green Spring Road (Route 671) to the east. This request would increase the District to 476.49+/- acres. Mr. Cheran provided mapping of the proposed request. Mr. Cheran shared, the Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 90.863+/- acres to the 2020 – 2025 Green Spring Agricultural and Forestal District at their meeting on December 15, 2020. Chairman Kenney 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 Kenney closed the public comment portion of the hearing. Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Green Spring Agricultural and Forestal District Addition to consider adding additional parcels in the Green Spring Agricultural and Forestal District. South Frederick Agricultural and Forestal District Addition to consider adding additional parcels into the South Frederick Agricultural and Forestal District. Action – Recommend Approval Mark R. Cheran, Zoning and Subdivision Administrator, reported this is a request to add one parcel totaling 200.00+/- acres to the South Frederick Agricultural and Forestal District; this District is located within the Back Creek Magisterial District and currently contains 6,694.42+/- acres and is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631), and Hites Road (Route 625). He noted this request would increase the District to 6,894.42+/- acres. He presented mapping of the proposed request. Mr. Cheran shared, the Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 200.00+/- acres to the 2020 – 2025 South Frederick Agricultural and Forestal District at their meeting on December 15, 2020. Chairman Kenney 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 Kenney closed the public comment portion of the hearing. Frederick County Planning Commission Page 3782 Minutes of January 20, 2021 Upon a motion made by Commissioner Marston and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the South Frederick Agricultural and Forestal District Addition to consider adding an additional parcel. ------------- INFORMATION/DISCUSSION Site Plan #18-20 – Senseny Place Commissioner Mohn would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Senior Planner, reported this is a proposal to develop 63 multifamily housing units (senior residential development) and a church on 4.971 acres of land zoned RP (Residential Performance) Zoning District; when processing a site plan in lieu of the MDP, the site plan must be presented to the Planning Commission and the Board of Supervisors as an informational item. He noted, the site plan, as presented, implements proffers associated with REZ (Rezoning) application #02-18 for St. Paul’s on the Hill. He shared a zoning map of the property and a location map . Mr. Klein presented an overview of the site plan: 63 multifamily residential units (for senior housing); 4,050 square foot (SF) for a future church sanctuary; Right-of-way (ROW) dedication for future widening of Senseny Road (planned improved roadway); 10’ hiker/biker trail along Senseny Road and an internal 5’ sidewalk for residents; and Buffering and screening as required by the Zoning Ordinance. Mr. Klein noted, the Applicant has also requested a zoning district buffer modification from the Board of Supervisors per the exemption contained in §165-203.02 (C)(7) where an existing utility (sanitary sewer) conflicts (crosses) the buffer area near the adjoining townhome development; A 6-foot tall fence is being provided along the boundary adjacent to the townhomes except in locations where the utility conflicts; and no plantings will be provided (as proposed) within the utility easements. He shared a project layout of the site. Mr. Klein concluded, the site plan for Senseny Place appears to be consistent with the approved proffers for Rezoning #02-18 for St. Paul’s on the Hill, and with the requirements of Article VIII, Development Plans and Approvals, of the Frederick County Zoning Ordinance and is in a form that is administratively approvable. Commissioner Marston asked if they have decided about the water and sewer. Mr. Klein explained, the Applicant applied for a waiver to the City of Winchester which was denied therefore they will be using Frederick Water. Chairman Kenney asked will the improvement of Senseny Road be part of this project. Mr. Klein explained, it is for future improvement; the right-of-way of Senseny Road will be provided along the frontage and they will dedicate the right-of-way but they are not making the improvements to the other side or the median, only on their side of the road and entrance. Commissioner Morrison asked if VDOT had approved of this application. Mr. Klein noted, yes, they have as drawn on the plans submitted. Frederick County Planning Commission Page 3783 Minutes of January 20, 2021 2021 – 2026 Capital Improvement Plan Candice E. Perkins, Assistant Director, reported the CIP is a document that consists of a schedule of major capital expenditures for the County for the ensuing five year period, as well as a category for long term projects (6+ years out). She explained, the inclusion of projects on the CIP is in no way an indication that Frederick County will be undertaking these projects; the CIP is strictly advisory, it is intended for use as a capital facilities planning document and not for requesting funding allocations. She noted, once adopted, project priorities and cost estimates may change throughout the year based on changing circumstances; it is also possible that particular projects may not be funded during the year as indicated in the CIP. Ms. Perkins continued, this year’s CIP continues to reinforce the connection between the CIP, the 2035 Comprehensive Plan, and future rezoning applications. This year’s total number of projects is 54: • Schools, Parks and Recreation, Regional Library, County Administration, Fire and Rescue, Sheriff’s Office, Public Safety Communications, Transportation, and Winchester Regional Airport • Three Tables: 1. General government expenditures (schools, parks, library, fire and rescue, sheriff, public safety, administration), 2. Transportation, 3. Airport Ms. Perkins concluded, the CPPC endorsed the 2021 – 2026 CIP on January 11, 2021 and determined the CIP is in conformance with the 2035 Comprehensive Plan and forwarded it to the Planning Commission and the Board of Supervisors. Commissioner Thomas inquired approximately how much each year does Frederick County spend on approving items already on the list and where do these items come from. Ms. Perkins responded the items are what agencies want to see happen. A motion was made by Commissioner Oates, seconded by Commissioner Thomas, and unanimously passed to send this item forward to the Board of Supervisors with a favorable recommendation. ------------- OTHER Cancelation of Regular Meeting Chairman Kenney announced there were no pending items for the Planning Commission’s February 3, 2021 meeting and it will be canceled. ------------- Frederick County Planning Commission Page 3784 Minutes of January 20, 2021 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Marston to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:30 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Roderick B. Williams, Secretary