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PC 12-15-21 Meeting MinutesFrederick County Planning Commission Page 3877 Minutes of December 15, 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 December 15, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; John F. Jewell, Member-At-Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William A. Orndorff, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Charles E. Triplett, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the December 15, 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 Thomas and seconded by Commissioner Oates the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- Frederick County Planning Commission Page 3878 Minutes of December 15, 2021 COMMITTEES Frederick Water – Mtg. 12/14/21 Commissioner Jewell reported the Board of Directors approved an Emergency Response Plan (ERP) to comply with the American Water infrastructure Act of 2018. They also approved a new water contract with the City of Winchester. Commissioner Jewell shared the operations report for November and noted the quarries are in excellent shape. Other Chairman Kenney welcomed the two new members of the Planning Commission; William Orndorff of the Stonewall District and Mollie Brannon of the Back Creek District. ------------- 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. ------------- PUBLIC HEARING Rezoning #05-21 for Paula O. Henry submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Action – Recommend Approval Candice E. Perkins, Assistant Director reported, this is a request to rezone 8.2 acres from the B2 (General Business) District to the B3 (Industrial Transition) District; the property is located along Fort Collier Road, approximately 400’ east of Baker Lane and 1,400’ north of Berryville Avenue. She noted, there are no proffers associated with this rezoning. Ms. Perkins continued, the subject property was rezoned from the M1 District to B2 District in 1987 . The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan, which identifies the property for commercial land uses. The existing and proposed zoning are generally consistent with the goals of the Plan. Ms. Perkins explained, the intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between Frederick County Planning Commission Page 3879 Minutes of December 15, 2021 business and industrial areas. She continued, while some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive, and this site is surrounded by a mixture of business, transitional, and residential zoning and therefore careful consideration should be made regarding impacts to surrounding uses and visibility. David Frank of Pennoni Associates, Inc., representing the Applicant came forward and shared a brief overview and history of the proposed project. 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 Oates and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #05-21 for Paula O. Henry submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. (Note: Commissioner Triplett was absent from the meeting.) Conditional Use Permit #13-21 for Upper Valley Estate, LLC summited by Pennoni Associates, Inc. to construct a tractor truck trailer parking facility. The subject properties are located between Welltown Road and Crown Lane just south of the CSX Railroad and north of Liberty Square and are identified with Property Identification Numbers 43-A-51, 43-s-B, and 43-3-E in the Stonewall Magisterial District. Action – Recommend Denial Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a Conditional Use Permit to allow for a tractor truck and tractor truck trailer parking facility on three parcels. The parcels are located between Crown Lane and Welltown Road, approximately 300’ north of the intersection of Martinsburg Pike and Welltown Road, adjacent to and south of the Winchester & Western Railroad in the Stonewall Magisterial District. Mr. Cheran explained, the subject properties are currently zoned M1 (Light Industrial) District and vacant; the surrounding land uses consist of commercial and industrial land uses. He noted, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking facilities as a conditional use in the M1 Zoning District. Mr. Cheran continued, this proposed tractor truck and tractor truck trailer parking facility would be located on three parcels that total 3.4 acres; it would contain eighty-five (85) truck parking spaces with a gravel surface; and includes a 50’ zoning district buffer along the adjacent B2 zoned properties to the south/west, a double row of evergreen trees would be required along Welltown Road and Crown Lane, and a single row along the rear of the site. He presented a copy of the concept plan to the Commission. He noted that the transportation network in this area of the County is constrained, therefore careful consideration should be given as to whether the introduction of additional tractor trailer traffic through these congested intersections is appropriate. Frederick County Planning Commission Page 3880 Minutes of December 15, 2021 Mr. Cheran reported, the concept plan submitted with this application identifies access to this site via a right-in entrance on Welltown Road and an entrance on Crown Lane. VDOT has indicated that this entrance would require further vetting and therefore is not currently approved by VDOT. He continued, while the Applicant has proposed access onto Welltown Road, Staff has included a condition prohibiting this access and requiring the closure. The closure of this entrance will ease any future stacking, turning actions, and uses on Welltown Road. The use of an entrance on Crown Lane would require trucks to utilize the signalized intersection of Crown Lane and Martinsburg Pike to access the site. Mr. Cheran presented the Conditions of Approval as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be submitted to and approved by Frederick County prior to the establishment of this use. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and tractor truck trailer parking. 3. Parcels 43-A-51, 43-2-B, and 43-3-E shall be consolidated prior to site plan approval. 4. Access to Welltown Road (Route 661) shall be prohibited; furthermore, the existing entrance on Welltown Road shall be closed. Access to this site shall only occur via Crown Lane. 5. Any expansion or modification of this use shall require a new Conditional Use Permit. Commissioner Thomas commented regarding Condition #4, in the VDOT comments it says they recommend an additional study; why wouldn’t we hold off on that condition until after the VDOT study. Mr. Cheran noted the Commission can certainly make this change to the condition. Mr. Bishop stated he feels comfortable in that VDOT will want a right-in only. Chairman Kenney inquired with the by-right uses this could be something else and if so, would it be introduced back to the intersection. Mr. Cheran commented that is correct. Commissioner Brannon noted in the Comprehensive Plan this area is designated as a commercial setting. Mr. Bishop explained the transportation aspects of M1 (Light Industrial) Zoning District. Ron Mislowski of Pennoni Associates, representing the Applicant came forward and shared a brief overview of the property. He pointed out the trips per day count. He also recommended the Planning Commission not impose the right-in condition until VDOT says it is a problem. 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. Commissioner Jewell shared his concerns with Welltown Road, and he said he likes the idea of the right-in. Commissioner Molden commented he has heard there may be lanes added to Welltown Road and if so, that would be a plus and he is in favor of the right-in. Commissioner Thomas feels the right-in will work better and he would like Condition #4 changed to read the Applicant has to comply with the recommendations of VDOT. Commissioner Brumback noted all trucks will have to come out of Crown Lane and this will create a nightmare situation. Chairman Kenney commented this is Frederick County Planning Commission Page 3881 Minutes of December 15, 2021 a tough area and he does not want to make the traffic in this area worse, however this is a parcel of land that they have worked a long time to find a suitable use for. Upon a motion made by Commissioner Orndorff and seconded by Commissioner Brumback BE IT RESOLVED, the Frederick County Planning Commission does recommend denial of Conditional Use Permit #13-21 for Upper Valley Estate, LLC summited by Pennoni Associates, Inc. to construct a tractor truck trailer parking facility. The subject properties are located between Welltown Road and Crown Lane just south of the CSX Railroad and north of Liberty Square and are identified with Property Identification Numbers 43-A-51, 43-2-B, and 43-3-E in the Stonewall Magisterial District. Yes: Orndorff, Brumback, Kenney, Thomas, Manuel, Kozel, Jewell No: Molden, Dawson, Mohn, Brannon Abstain: Oates (Note: Commissioner Triplett was absent from the meeting.) ------------- OTHER Wyatt G. Pearson, Director of Planning mentioned the retreat with the Board of Supervisors will be held on February 4, 2022 in the morning and more information will be forthcoming. Chairman Kenney announced this meeting would be his las formal meeting as he will be stepping down as the Chairman. ------------- 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 Brumback and unanimously passed. The meeting adjourned at 7:35 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary