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PC 07-20-22 Meeting Minutes Frederick County Planning Commission Page 3953 Minutes of July 20, 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 July 20, 2022. PRESENT: John F. Jewell, Chairman; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, 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: Jason Aikens, Gainesboro District; Roger L. Thomas, Vice Chairman/Opequon District; Charles Markert, Red Bud District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the July 20, 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 Manuel and seconded by Commissioner Orndoff the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Kozel and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the June 1, 2022 meeting. ------------- Frederick County Planning Commission Page 3954 Minutes of July 20, 2022 COMMITTEES Comprehensive Plans and Programs Committee – Mtg. 07/11/22 Commissioner Triplett reported the committee discussed the Northeast Land Use Program and it will be coming forward to the Planning Commission. Historical Resources Advisory Board – Mtg. 07/19/22 Commissioner Molden reported the Board discussed the upcoming Fruit Hill rezoning, which consists of three homes on the property, two of which are possibly historical; the Lewis Solenberger House and the Carter House, both will step into Phase 2 of the historical research. He noted, the developer has agreed to repurpose the houses if possible and will move on to Phase 2 of the architectural survey. The second item was a review of the Metromont rezoning application. This consists of two parcels of land, totaling 44.74 acres; the parcel on Route 522 is the most noted by the historical board, as it adjoins the Battlefield Foundation land and also the Star Fort land. The HRAB wants to make sure to mention the buffers between the two and that most of it be left in natural vegetation state; the developer has agreed to this. City of Winchester Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported in June the Commission approved a development on Commerce Street consisting of 32 townhouses. Also approved was a development on Fairmont Avenue that would have 262 unites. He noted, the land clearing on Cedar Creek Grade will be an assisted living called Hampton Manor. Board of Supervisors – Mtg. 7/13/22 Supervisor Ludwig reported the Board of Supervisors approved applying for safe streets and road grants; approved a 20% match in outlays for SmartScale applications; approved funds to conduct three Transportation studies. He continued, the Board met with federal representatives about advancing County transportation chances of obtaining grants and appropriations; given the new commitment to providing matching funds from the County budget there are a lot of opportunities to explore. ------------- 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 3955 Minutes of July 20, 2022 PUBLIC HEARING Rezoning #04-22 for 84 Lumber Winchester submitted to rezone 2.21 acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, and 8.69 acres from the B3 District to the M1 District with proffers, totaling 10.9 acres. These properties are located northwest of the intersection of Martinsburg Pike (Route 11) and Yardmaster Court and are identified by Property Identification Numbers 44-A-75F and 44-A-75G in the Stonewall Magisterial District. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to rezone 2.21 acres from B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, and 8.69 acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, totaling 10.9 acres. This rezoning application modifies approved land uses associated with REZ #02-05. He noted, the intended use of the proposed M1 zoned parcels is a manufacturing facility (84 Lumber – truss plant expansion). Mr. Klein shared a zoning map as well as a long range land use map of the property. Mr. Klein explained, this site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Comprehensive Plan envisions this area of the County as “business.” He noted, the site will have commercial access from Yardmaster Court, as required by approved REZ #02-05 proffer and there is no potential impact to existing road network. Commissioner Orndoff asked if the existing parcel was previously rezoned to M1. Mr. Klein explained, it originally was zoned B3, the rear parcel was then rezoned to M1; this is now a request to rezone the front two parcels to M1 for the expansion. 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 Orndoff noted, it is the Planning Commission’s role to make a recommendation following the Comprehensive Plane, however this goes along with the previous rezoning, and he feels it is fair to move this forward in that direction as well. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #04-22 for 84 Lumber Winchester submitted to rezone 2.21 acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers, and 8.69 acres from the B3 District to the M1 District with proffers, totaling 10.9 acres. These properties are located northwest of the intersection of Martinsburg Pike (Route 11) and Yardmaster Court and are identified by Property Identification Numbers 44-A-75F and 44-A-75G in the Stonewall Magisterial District. (Note: Commissioner Aikens, Commissioner Markert, and Commissioner Thomas were absent from the meeting) Frederick County Planning Commission Page 3956 Minutes of July 20, 2022 Ordinance Amendment – Backyard Chickens and Chicken Coops, the proposed amendment would allow chickens in the RP (Residential Performance), R4 (Planned Residential Community), and R5 (Residential Recreation Community) Districts. Action – Recommend Approval with Revision M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance to allow backyard chickens and chicken coops as a by-right use in the RP (Residential Performance) Zoning District (and the R4 and R5 Zoning Districts). The Board of Supervisors previously held a public hearing on the proposed amendment on January 13, 2021 and did not approve the proposal. He explained, the Board of Supervisors at their June 8, 2022 meeting directed Planning and Development Staff to bring the Ordinance Amendment back for public hearing. Mr. Klein continued, currently, the keeping of chickens is only allowed in the County’s RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached (SFD) lots 15,000 square feet (SF or 0.34 acres) or greater to have up to a maximum of six (6) chickens by-right. He noted, the keeping of chickens would continue to be prohibited in townhomes, duplexes, multi-family buildings, garden apartments, and single- family detached lots less than 15,000 SF. Mr. Klein shared the additional supplemental use regulations for backyard chickens as proposed include: • Prohibiting the keeping of roosters, turkeys, guinea fowl, and peacocks • Following setback and building requirements for accessory structures (coops) • Prohibited from front yard setback and not visible from public or private road rights-of-way • Area designed for chickens shall be completely enclosed; no free range chickens • Requirement for secure feed storage containers and waste management • Requirement for an application/permit ($25 fee) to Frederick County prior to establishment of use Mr. Klein noted, private covenants and/or homeowner associations may further restrict keeping of backyard chickens/ chicken coops. He presented maps reflecting the RP, R4, and R5 parcels containing 0.34 acres or larger with dwellings, 0.40 acres or larger with dwellings, and 0.50 acres or larger with dwellings. Commissioner Molden asked how this is going to be enforced. Mr. Klein replied, it would be on a complaint basis and having the permit requirement will help with the enforcement. Commissioner Molden responded he does not support this. Commissioner Brumback inquired, of the 5,600 lots, do we know what the HOA’s restrict. Mr. Klein responded Staff did not proceed this far and do not know regarding the HOA’s. Commissioner Triplett commented he has heard concerns that the keeping of chickens will become to open range. Commissioner Kozel asked how citizens are to keep the chickens out of view of being seen. Mr. Klein commented it would have to be a board on board fence of screening. Commissioner Kozel asked if this would be part of the application process. Mr. Klein noted yes and it would be determined on a case by case basis. Commissioner Kozel asked if there was any idea of how many have showed interest outside of the RA that makes this such a big push to change a zoning ordinance. Mr. Klein explained, there have been a few resident in the Shawneeland and Mountain Falls area that have requested this; handling phone calls in the department a couple times a month; and the Zoning Administrator periodically gets a violation and or complaint. Commissioner Kerns inquired as to what type of volume is there of the people that have chickens right now that are not in compliance. Mr. Klein noted, not a great volume, just a handful this year. Commissioner Brannon requested to view the other maps of the .50 acres or greater lots. Mr. Klein Frederick County Planning Commission Page 3957 Minutes of July 20, 2022 noted, if you increase the acreage requirement it will cut the number of eligible lots significantly. Commissioner Brannon commented, she understands the interest in this, however, she is not sure the lot size proposed is appropriated. She stated she would like to see a compromise and feels a .50 acre should be considered. Commissioner Kozel asked what the lot sizes are in Snowden Bridge. Mr. Klein responded the lots are smaller than the threshold and they have HOA covenants. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Doretha McDonald who lives in Gore, VA came forward and shared her thoughts. She was surprised her subdivision being in the RA and 5+ acre lots and could not have chickens. She would like to see the Ordinance changed with parameters. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Chairman Jewell commented he feels 15,000 SF of property with chickens is too close to neighbors; he could live with something over an acre. Commissioner Kerns commented he grew up on a farm with chickens and he appreciates being able to raise them. He now lives in a neighborhood where the lots are about 1/3 of an acre. He continued, when you make a decision to move into a neighborhood like that, you know you have to give up certain things. He noted, he could support this if it were 1 acre or more but cannot support as written. Commissioner Orndoff commented he could support this if it were at a minimum of 1 acres, and he agreed with Commissioner Kerns comments. Wyatt P. Pearson, Director, asked the Planning Commission members if they felt the Supplementary Use Condition as written are still appropriate and necessary in their current form if they choose to go with 1 acres minimum. Commissioner Brannon asked if chickens could be put outside in a run of sorts. Chairman Jewell stated yes, as long as it is fenced. Commissioner Triplett commented he agrees with it being 1 acre or more. Mr. Pearson commented his primary concern with the 1 acre is the screening requirement; it is a lot more area to ensure coverage and that chickens cannot be seen. Upon a motion made by Commissioner Brannon and seconded by Commissioner Dawson with an amendment of one (1) acre or more required and a request that Staff review the Supplemental Uses to ensure they are appropriate BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment – Backyard Chickens and Chicken Coops, the proposed amendment would allow chickens in the RP (Residential Performance), R4 (Planned Residential Community), and R5 (Residential Recreation Community) Districts. (Note: Commissioner Aikens, Commissioner Marker, and Commissioner Thomas were absent from the meeting) ------------- Frederick County Planning Commission Page 3958 Minutes of July 20, 2022 OTHER Wyatt G. Pearson, Director, reported the on 2 current planning applications: Red Bud Solar have submitted a site plan application for review and noted that make the 3rd utility scale solar project in the County; Snowden Bridge has an approved MDP for the second portion of the project which would extend down to Snowden Bridge Boulevard near where Rutherford Crossing dead ends around Milburn Road. He concluded, the August 3rd Planning Commission meeting will be transitioned into a work session to present the NELUP and a brief presentation from the Economic Development Authority to inform everyone of who they are and what they do. Mr. Pearson introduced a new staff member to the Planning Department, Ms. Kayla Peloquin. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndoff adjourn the meeting. This motion was seconded by Commissioner Molden and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary