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PC 05-18-22 Meeting MinutesFrederick County Planning Commission Page 3918 Minutes of May 18, 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 May 18, 2022. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Charles Markert, Red Bud District; Elizabeth D. Kozel, Shawnee District; Robert S. Molden, Opequon District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director Transportation; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the May 18, 2022 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell 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 Orndoff the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the March 16, 2022 meeting. ------------- Frederick County Planning Commission Page 3919 Minutes of May 18, 2022 COMMITTEES Comprehensive Plans and Programs Committee – Mtg. 05/09/22 Commissioner Triplett reported, Committee members were presented a packet provided by Brenda Fristoe expressing concerns about a potential future quarry expansion at Carmeuse. He continued, discussions of the NELUP were focused on Transportation and the mix use industrial office future land use designation. It was decided that the Committee would request a presentation from the EDA in order to better understand their perspective on target businesses and ensure viable properties are available for economic development. City of Winchester – Mtg. 05/17/22 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission recommended approval of a CUP to convert ground floor nonresidential use to residential use at 208 S. Loudoun St.; an ordinance to rezone 2.59 acres at 1570 commerce Street was tabled for one month; and a site plan greenspace waiver and administrative authorization for 186 N. Loudoun Street was approved. Board of Supervisors Supervisor Ludwig reported the Board of Supervisors has wrapped up a majority of the budget and continue to work through things. He shared, at a work session the Board of Supervisors received a briefing from Wyatt Pearson, Director of Planning and Development, on the FY23 Planning Department work plan. ------------- 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. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- Frederick County Planning Commission Page 3920 Minutes of May 18, 2022 PUBLIC HEARING Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and Conditional Uses in Planned Development District. Revisions to Chapter 165 – Zoning Ordinance to clarify, amend, and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards, as follows: Ordinance Amendment – Protection of Environmental Features; Chapter 165 – Zoning Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 – Supplementary Use Regulations §165-201.08 Protection of Environmental Features: Wyatt G. Pearson, Director, reported this is a proposed amendment to expand the allowance for additional disturbance of steep slopes beyond the Zoning Ordinance standard (25%). The Zoning Ordinance (§165-201.09) currently permits the Zoning Administrator to allow the disturbance of additional small areas where the disturbance will alleviate potential health and safety problems and will not significantly impact the overall environmental quality of the site. Off-Street Parking; Chapter 165 – Zoning Article II Supplementary use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202 – Off-Street Parking, Loading and Access §165-202.01 Off- Street Parking; Parking Lots. Wyatt G. Pearson, Director, reported this is a proposed amendment to modify the requirement for off-street parking spaces for single-family attached/townhome (SFA/TH) dwelling units to 2.5 off-street spaces per unit. The Zoning Ordinance requires two (2) off-street parking spaces are required for all single-family dwellings an mobile homes regardless of housing type (§165-202.01 & §165-402.09). This standard has been insufficient for townhome communities where the off-street parking requirement is met with one (1) garage space and one (1) driveway space. Typically, in townhome communities there is limited or no on-street parking (due to driveway spacing and private road widths) and limited (if any) off-street visitor parking spaces as off-street visitor parking is not presently required by the ordinance. Conditional Uses in the R4 and R5 Zoning Districts; Chapter 165 – Zoning Article V Planned Development Districts Part 501 – R4 Residential Planned Community District §165-501.04 Conditional Uses; Part 502 – R5 Residential Recreational Community District §165-502.05 Conditional Uses. Wyatt G. Pearson, Director, reported this is a proposed amendment to clarify the uses permissible with a conditional use permit in the Residential Planned Community (R4) and Residential Recreational Community (R5) Zoning Districts. Per §165-501.04 of the Zoning Ordinance, the R4 District as currently worded does not require a conditional use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance. Additionally, the R5 District does not currently indicate any allowance for conditional uses. Conditional use permits for the R5 has been interpreted to follow the conditional uses specified in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5 District are indicated. 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. Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff Frederick County Planning Commission Page 3921 Minutes of May 18, 2022 BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of an Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and Conditional Uses in Planned Development District. Revisions to Chapter 165 – Zoning Ordinance to clarify, amend, and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards (Note: Commissioner Molden, Commissioner Kozel, and Commissioner Markert were absent from the meeting) ------------- ACTION ITEM Rezoning #01-22 Snowden Bridge Station (Proffer Modification) submitted by K & J Investments, L.C., North Stephenson, Inc., and Holtzman Properties, LLC to amend the proffers associated with Rezoning #04-16. The properties are located on the southeastern side of Martinisburg Pike (Route 11)and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43- A-151A, and 43-A-151B. Action – Recommend Approval Commissioner Brumback would abstain from all discussion on this item for a possible conflict of interest. John A. Bishop, Assistant Director Transportation, reported this proffer amendment seeks to amend proffers in order to allow greater trip generation to accommodate a Gas Station/Convenience Store use by exempting parcel 43-(A)-150 from the trip generation cap of 6,303 that was previously imposed on the overall site. Based upon the stated desired use and the applicant’s documentation this would increase the traffic generation of the parcels in question to 9,011 vehicles per day. The properties are located on the easter side of Martinsburg Pike (Route 11), western side of the CSX rail corridor, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Mr. Bishop shared a location map of the proposed properties as well as a localized zoning map. He continued, with this rezoning, the Applicant is requesting a number of changes to the proffers: •Amendment to allow trips from 43-(A)-150 to not be counted against the by-right cap of 6,303 vehicle trips per day on the remaining parcels. o a. – Allow construction by owners of parcel 43-(A)-150 of a right in/right out entrance on to Snowden Bridge Blvd with final design and location to be approved by Frederick County and VDOT o f. – Proffer for owners of parcel 43-(A)-150 to contribute $100,000 towards interchange upgrades o h. – Proffers participation in intersection improvements at the intersection of future Ezra Lane and Snowden Bridge Blvd Mr. Bishop displayed a visual of the proffer revisions in regards to the roads. He noted, this Application has been approved by VDOT since the last meeting in March 2022. Frederick County Planning Commission Page 3922 Minutes of May 18, 2022 Commissioner Brannon requested clarification regarding the right in/right out. Mr. Bishop explained, that is a right in only and they will use the internal collector roads to come out to the intersection that going to be built. Commissioner Orndoff asked if anything was decided about the round- about or the amount contributed to it in the future. Mr. Bishop commented the language on the specific improvement is vague and there is also language that deals with how the Applicant will determine their share; the proffers are for the whole parcel, it will be determined between the them and the other owne rs. Upon motion made by Commissioner Orndoff and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #01-22 Snowden Bridge Station (Proffer Modification) submitted by K & J Investments, L.C., North Stephenson, Inc., and Holtzman Properties, LLC to amend the proffers associated with Rezoning #04-16. The properties are located on the southeastern side of Martinisburg Pike (Route 11) and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification Numbers 43C-3-2, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A, and 43-A-151B. (Note: Commissioner Molden, Commissioner Kozel, and Commissioner Markert were absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, share, a site plan for Frederick County Parks and Recreation (pickle ball court at Clearbrook Park) has been approved; a site plan for Timber Ridge School Vocational Building has been approved; and the June CPPC meeting will be canceled. There will be a CPPC meeting in July with the EDA present; in the meantime, Staff is going to try to platform a survey to go to the residents of the NELUP. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas adjourn the meeting. This motion was seconded by Commissioner Orndoff and unanimously passed. The meeting adjourned at 7:20 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary