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HomeMy WebLinkAboutPC 01-05-22 Meeting MinutesFrederick County Planning Commission Page 3882 Minutes of January 5, 2022 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 5, 2022. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; John F. Jewell, Member-At-Large; Gary R. Oates, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the January 5, 2022 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the December 1, 2021 meeting. ------------- Frederick County Planning Commission Page 3883 Minutes of January 5, 2022 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2022 Director, Wyatt G. Pearson, presided over the election of the Chairman and Vice- Chairman for 2022. Election of John F. Jewell, Chairman for 2022 Director, Wyatt G. Pearson, declared nominations open for Chairman for the 2022 calendar year. The nomination of Mr. John F. Jewell for Chairman was made by Commissioner Oates and seconded by Commissioner Thomas. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. John F. Jewell as Chairman of the Planning Commission for the calendar year 2022. Election of Roger L. Thomas, Vice Chairman for 2022 Director, Wyatt G. Pearson, declared nominations open for Vice Chairman for the 2022 calendar year. The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner Triplett and seconded by Commissioner Oates. 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 2022. Election of Wyatt G. Pearson, Secretary for 2022 Chairman Jewell declared nominations open for Secretary for the 2022 calendar year. The nomination of Mr. Wyatt G. Pearson was made by Commissioner Oates and seconded by Commissioner Thomas. 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 the calendar year 2022. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2022 Chairman Jewell 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 Manuel Frederick County Planning Commission Page 3884 Minutes of January 5, 2022 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 2022 as presented. COMMITTEE ASSIGNMENTS Chairman Jewell reported all Committee assignments will remain the same at this time. ------------- COMMITTEES City of Winchester – Mtg. 12/21/21 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission recommending approval of an Ordinance to Rezone 4.3 acres of land at 229 south Pleasant Valley Road from Residential Office District with Corridor Enhancement Overlay to Medium Density Residential District with Corridor Enhancement Overlay and Planned Unit Development Overlay. Transportation Committee – Mtg. 12/27/21 Commissioner Oates reported the Committee reviewed roads for the CIP which were discussed and approved to move forward. NELUP Committee Commissioner Oates reported the Committee held three meetings in December at which time they reviewed roads, power availability (Shenandoah Electric), the gas company came and gave some good information, the EDQ discussed items. He reviewed the purpose of the NELUP to the new members of the Planning Commission and noted they typically meet on Thursday morning. ------------- CITIZEN COMMENTS Chairman Jewell 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. Mr. Bob Clarke of the Opequon District came forward representing the Exit 302 Smart Development Coalition group and gave a brief overview of what the group does. He was speaking in regards to the 20 acres in Middletown, Virginia being proposed for Sheetz Corporation; this property is historically significant to Frederick County. He has viewed the preliminary concept plan, and this is massive and does not fit off Exit 302. The Coalition is going to address this the best they can to help protect and preserve the land and would like to see some balance. He concluded he would like to see the Planning Commission and the Board of Supervisors support this group in finding a better solution. No one else came forward to speak and Chairman Jewell closed the public comments portion of the meeting. Frederick County Planning Commission Page 3885 Minutes of January 5, 2022 PUBLIC HEARING Ordinance Amendment – Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to revise Chapter 144 – Subdivision of Land and Chapter 165 – Zoning Ordinance to clarify, amend and remove requirements contained in the following sections: general provisions, supplementary use regulations, regulations for specific uses, and design standards. Steep Slopes (§144-2 & §165-101.02) • Proposed revision to amend the definition for “steep slopes” from 15% and 50% respectively to 35%. • Both chapters apply to many land applications such as subdivisions, site plans, and the Transfer of Development Rights (TDR) Program and therefore application of a consistent standard is needed. Farm Wineries, Farm Breweries, and Farm Distilleries (§165-204.22) • Proposed revision to remove provisions for festival permits. • The Board of Supervisors removed Chapter 86 – Festival Permits from the Code of Frederick County in the spring of 2021. • This amendment would eliminate the festival permit requirement and removes the limitation of 100 persons permitted at events held on farm wineries, breweries, and distilleries. Inoperable Motor Vehicles (§165-101.02 & §165-204.11) • Proposed revision to prohibit the unscreened storage of inoperable trailers (trailer, camping trailer, or semitrailer). • Currently, the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current definition does not in include provisions for the regulation of trailers. • This amendment is seeking to regulate trailers in the same manner as inoperable motor vehicles. It would not affect “farm use” tagged vehicles/trailers. Pedestrian Access (§165-203.03) • Proposed revision to amend the section for pedestrian walkways/trails to ensure pedestrian accommodations are provided to implement Comprehensive Plan policies. • The Zoning Ordinance currently requires sidewalks only when they are planned as included in a “corridor or walkway plan.” Street Design (§144-17) • Proposed revision to modify the requirements for minimum right-of-way for each street classification (local street, minor collector, major collector, and arterial roadways), to ensure the design of the roadway fulfills future roadway classification as specified in the Comprehensive Frederick County Planning Commission Page 3886 Minutes of January 5, 2022 Plan, and meets all current criteria as required by the Virginia Department of Transportation (VDOT). • Presently, only minimum right-of-way is required which may be insufficient for planned future conditions contained in the Comprehensive Plan. Mr. Klein concluded, the Board of Supervisors discussed these amendments at their December 8, 2021 meeting and forwarded them to public hearing. Chairman Jewell 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 Jewell closed the public comment portion of the hearing. Commissioner Dawson asked if this would require every subdivision to have sidewalks. Mr. Klein explained, that is the current standard applied to subdivisions and this is pertaining to the zoning ordinance and in most cases, it will be for business and industrial districts but ensuring we have sidewalks on all properties that are being developed where the planned road condition calls for sidewalks. Commissioner Dawson asked what about affordable housing developments; when curb, gutter, and sidewalks are involved it will really push the price up. Mr. Klein stated, presently the zoning ordinance does not have a specific exception for affordable housing. Commissioner Thomas commented, in the subdivision ordinance there are no references to private roads or streets that would refer to steep slopes; because if we are changing the steep slope in the subdivision ordinance from 15% to 35% and if that is used to determine the type of surfacing for a private road, he feels the 35% would be a little too much. Mr. Klein noted it does not pertain to private roads and driveways; it is about how much land area where a steep slope as defined by the ordinance can be disturbed. Commissioner Thomas asked if the term steep slope was used anywhere pertaining to private roads or driveways. Mr. Klein stated not that he is aware of; the ordinance allows for a percentage of steep slopes and other environmental features to be disturbed, so by amending the threshold for that it may increase the number of steep slopes on the property or it may decrease the amount. Commissioner Oates commented the only regulations for private driveways and for entrance spacing is per VDOT and once it leaves the right-of-way the County has no way to how a person builds their driveway. Commissioner Brannon asked if the Board of Supervisors approval is being removed regarding the pedestrian access part of the ordinance. Mr. Klein explained removing that requirement is because we no longer require MDP’s to go before the Planning Commission and the Board of Supervisors; so, when reviewing those the Board of Supervisors does not have an opportunity to ask for anything additional and this is just a clean up item. Commissioner Brannon asked in regards to street design should the wording be changed to read it has to be to VDOT standards. Mr. Klein commented, VDOT does not have a consistent standard for all the road classifications, and it depends on a number of criteria; the numbers provided are standard that VDOT intends to continue to apply. Commissioner Brannon stated she is concerned with the change to steep slopes. Mr. Klein explained, it is what percentage of that feature steep slopes as defined can be disturbed; by going from 50% to 35% you may increase the number of steep slopes on a property you are trying to implement a consistent standard. Commissioner Brannon asked why not go to 50% standard, so you are not taking a person lot. Commissioner Oates commented, there is not a lot of area in the County that will go much over 35% and that is about s steep as you want to go before it starts washing away; not may areas that reach 50% in the County, so it is not going to affect business areas. Commissioner Brannon commented regarding the inoperable trailers; it stated they have to be tagged and inspected. If someone has a large property and wants to run a trailer across it do, they need to tag and inspect. Mr. Klein explained, it would have to be screened from view when being parked on the property if not being used for road hauling under the Frederick County Planning Commission Page 3887 Minutes of January 5, 2022 screening requirement of the Zoning Ordinance. Commissioner Brannon asked why it would have to be tagged and inspected. Mr. Klein stated if complaints are received and by specifying in the Zoning Ordinance this allows for enforcement. Commissioner Brannon commented she understands not wanting all the junk around on a property, but she does not understand if it is operable and solely remains on the property why it would have to be tagged and inspected. Mr. Wyatt Pearson, Director, explained it is worth noting that currently an inoperable vehicle applies to an automobile that is not tagged or inspected even if not going on the road and we are looking to establish a definable standard so when our inspector is out there, they are not utilizing their own judgement for something they cannot pull out on the road to see if it is operable or not; having the tags and inspection on it is an easy means to determine whether or not it is operable that is defined by the State criteria. This in turns helps us enforce an ordinance in order to avoid junky situations. Upon a motion made by Commissioner Oates and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Ordinance Amendment – Steep Slopes, Farm Wineries/Breweries/Distilleries, Inoperable Motor Vehicles, Pedestrian Access, and Street Design. Yes: Oates, Kozel, Manuel, Brumback, Dawson, Triplett, Thomas, Jewell No: Brannon (Note: Commissioner Orndoff and Commissioner Molden were absent from the meeting.) ------------- OTHER Wyatt G. Pearson, Director of Planning shared the Opequon Crossing rezoning (old Haggerty Property) is coming back to life and will be brought forth accordingly. He noted, the Board of Supervisors is having a work session on January 12, 2022 and all are invited to attend. Chairman Jewell thanked Kevin Kenney for all of his hard work and guidance over the years. Commissioner Oates thanked the Planning Department Staff for offering to educate the Board of Supervisors on various planning topics and he also thanked Kevin Kenney for his countless hours of service, and he will be missed. 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 Oates and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary