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PC 04-05-23 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.January 18, 2023 and February 15, 2023 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Double Church Agricultural & Forestal removal (Thomas Stelzl) - Mr. Cheran Submitted a request for Thomas Stelzl to remove a parcel totaling 100.35 +/- acres from the Double Church Agricultural and Forestal District. The parcel is identified as Property Identification Number 86-A-35 and is located in the Opequon Magisterial District. 7.Action Items 7.A.Subdivision Waiver - One Logistics Park - Mr. Cheran 7.B.UDA Exception - Sandy's Mobile Home Park - Mr. Pearson AGENDA PLANNING COMMISSION WEDNESDAY, APRIL 5, 2023 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PCMinutes2023January18.pdf PCMinutes2023February15.pdf PC04-05-23ThomasStelzel_Removal_Redacted.pdf PC04-05-23SubdivisionWavier01-23_One Logistic.pdf PC04-05-23UDA_Exception_Sandy'sMobileHomePark.pdf 1 8.Other 8.A.Current Planning Applications 9.Adjourn 2 Planning Commission Agenda Item Detail Meeting Date: April 5, 2023 Agenda Section: Meeting Minutes Title: January 18, 2023 and February 15, 2023 Meeting Minutes Attachments: PCMinutes2023January18.pdf PCMinutes2023February15.pdf 3 Frederick County Planning Commission Page 4000 Minutes of January 18, 2023 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 18, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: Kathleen Dawson, Red Bud District; Jason Aikens, Gainesboro District. STAFF PRESENT: John A. Bishop, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the January 18, 2023 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 a motion made by Commissioner Thomas and seconded by Commissioner Orndoff the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- 4 Frederick County Planning Commission Page 4001 Minutes of January 18, 2023 COMMITTEES Frederick Water Chairman Jewell shared the water report and rainfall totals for December 2022 and noted the quarries remain in good condition. City of Winchester – 01/17/23 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission discussed a Conditional Use for SmartLink, LLC for a wireless telecommunications tower; a Conditional Use for conversion of ground floor nonresidential use to multifamily use N. Cameron Street; and an ordinance to vacate and convey a 14- feet long section of North Braddock Street. ------------- 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. Brenda Fristoe of the Stonewall Magisterial District came forward and addressed comments previously made regarding her character. She shared her concerns with the NELUP and the possibility of the quarry expansion. Jacob Harrison of the Back Creek Magisterial District requested Rock Enon Road be included on the to be paved list that the County shares with VDOT. Mr. Bishop offered to speak with both individuals who spoke after the meeting tonight if they would like to do so and he is willing to offer insight into their questions and concerns. No one else came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Establishment of a New Agricultural and Forestal District – Long Creek Farm Agricultural & Forestal District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to create a new Agricultural and Forestal District “Long Creek Farm” that totals 1,077.39+/- acres. This is located within the Back Creek Magisterial District and is ½ mile west of the intersection of Shady Elm Road 5 Frederick County Planning Commission Page 4002 Minutes of January 18, 2023 (Route 651) and Springdale Road (Route 649). The proposed District would consist of fourteen (14) parcels managed by one (1) property owner. Mr. Cheran shared a location map outlining the parcels. Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He shared the advantages of the program: • Land Use Taxation • Preserving land for open space • Promotes agribusinesses and long-range agricultural planning • Bonus density for the County’s Transfer of Development Rights Program (1 density right + 2 dwelling units) Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on the creation of the new Long Creek Farm Agricultural and Forestal District. 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 Brumback and seconded by Commissioner Brannon BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the establishment of a New Agricultural and Forestal District – Long Creek Farm Agricultural & Forestal District. (Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.) Establishment of a new Agricultural and Forestal District – North Frederick Agricultural & Forestal District. Action – Recommend Approval Commissioner Brumback 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 to create a new Agricultural and Forestal District “Norh Frederick” that totals 1,961.86 +/- acres. This is located within the Gainesboro Magisterial District and is generally located 2.5 miles west of the intersection of North Frederick Pike (Route 522) along North Sleepy Creek Road (Route 734) and Bloomery Pike (Route 127). The proposed District would consist of fifteen (15) parcels. Mr. Cheran shared a location map outlining the property. Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He shared the advantages of the program: 6 Frederick County Planning Commission Page 4003 Minutes of January 18, 2023 • Land Use Taxation • Preserving land for open space • Promotes agribusinesses and long-range agricultural planning • Bonus density for the County’s Transfer of Development Rights Program (1 density right + 2 dwelling units) Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on the creation of the new North Frederick Agricultural and Forestal District. 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 Triplett and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the establishment of a New Agricultural and Forestal District – North Frederick Agricultural & Forestal District. (Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.) Establishment of a new Agricultural and Forestal District – White Hall Agricultural & Forestal District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to create a new Agricultural and Forestal District “White Hall” that totals 974.30+/- acres. This is located within the Gainesboro Magisterial District and is generally located along Wright Road (Route 661) and Apple Pie Ridge Road (Route 739). The proposed District would consist of seven (7) parcels managed by one (1) property owner. Mr. Cheran shared a location map of the property. Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He shared the advantages of the program: • Land Use Taxation • Preserving land for open space • Promotes agribusinesses and long-range agricultural planning • Bonus density for the County’s Transfer of Development Rights Program (1 density right + 2 dwelling units) Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on the creation of the new White Hall Agricultural and Forestal District. 7 Frederick County Planning Commission Page 4004 Minutes of January 18, 2023 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 Triplett and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the establishment of a New Agricultural and Forestal District – White Hall Agricultural & Forestal District. (Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.) Addition to an Agricultural and Forestal District – South Timber Ridge Agricultural & Forestal District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to add an additional six (6) parcels with a total of 189.86+/- acres to the South Timber Ridge Agricultural and Forestal District. The District is located within the Gainesboro Magisterial District and currently contains seventeen (17) parcels with a total of 981.08+/- acres. The addition of six (6) parcels of 189.86+/- acres will increase the total to 1,170+/- acres managed by one (1) property owner. It is generally located along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. Mr. Cheran shared a location map of the property. Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He shared the advantages of the program: • Land Use Taxation • Preserving land for open space • Promotes agribusinesses and long-range agricultural planning • Bonus density for the County’s Transfer of Development Rights Program (1 density right + 2 dwelling units) Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on December 16, 2022 and recommended approval of this addition to the district. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors for the addition to the South Timber Ridge Agricultural and Forestal District. 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 Triplett and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the addition to the South Timber Ridge Agricultural & Forestal District. (Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.) 8 Frederick County Planning Commission Page 4005 Minutes of January 18, 2023 INFORMATION/DISCUSSION ITEM Ordinance Amendment – OM Park District M. Tyler Klein, Senior Planner, reported this is a proposal to amend the OM (Office- Manufacturing) Park District to address stated concerns regarding the implementation of the zoning district, to better implement County identified targeted industries and remove the link between OM and MUIO designation in the Comprehensive Plan. The zoning ordinance text amendment originated from discussions related to the update to the County’s Northeast Land Use Plan (NELUP) which contains nodes of “mixed-use industrial office” (MUIO) planned land uses, which are intended to be implemented with the OM district. Current zoning ordinance standard: • The intent of the OM Park District is to implement the MUIO land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research-and-development centers, office parks, and minimal-impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus-like atmosphere near major transportation facilities. • The current OM Zoning District has not been well utilized or implemented in practice. Proposed Zoning Ordinance Text Amendment: • Staff and the DRRC propose the following revisions: o Removing the “link” between OM district and MUIO district in the Comprehensive Plan; o Amending the district name to “Technology-Manufacturing Park District (TM)”; o Adding additional allowed uses, and ▪ Food and beverage manufacturing; specialized manufacturing; flex-tech type uses o Amending and removing required design standards ▪ Building design/materials; allowing for outdoor storage Implementation: • Creating greater allowances for warehousing uses accessory to primary uses; and • Allowing for properties zoned TM to not submit a Master Development Plan o Expediting time to market for potential development; and o Allowing for a Board waiver to underground electrical requirements Conclusion & Requested Action: • The DRRC discussed this item on September 28, 2022, and November 21, 2022, and recommended additional revisions which have been incorporated • The primary discussion among DRRC members was the expansion of the “allowed use” list 9 Frederick County Planning Commission Page 4006 Minutes of January 18, 2023 • The DRRC did not achieve consensus on the proposed changes with some DRRC members expressing comments on if the district should remain in the Zoning Ordinance at all • Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors The Planning Commission was generally supportive of the proposed changes, noting that the intent was to see implementation of the district in those areas of the County where new commercial and industrial development is planned. The Planning Commission unanimously supported the item going forward to the Board of Supervisors for additional discussion. (Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.) ------------- OTHER A brief overview of Planning Applications was shared, and announcement was made that a joint work session with the Planning Commission and the Board of Supervisors will be held on Friday, February 3, 2023 at 8:00 a.m. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndoff to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 10 Frederick County Planning Commission Page 4007 Minutes of February 15, 2023 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 February 15, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Elizabeth D. Kozel, Shawnee District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the February 15, 2023 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 a motion made by Commissioner Aikens and seconded by Commissioner Thomas the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the December 7, 2022 meeting. ------------- 11 Frederick County Planning Commission Page 4008 Minutes of February 15, 2023 COMMITTEES Comprehensive Plans and Programs Committee – Mtg. 02/13/23 Commissioner Aikens reported the Committee discussed the NELUP and it will be coming back to the Planning Commission on March 1, 2023. He continued, the Sunnyside plan was discussed and a letter will be coming out in the Spring. He concluded, the Committee endorsed the CIP and it is being sent forward to the Planning Commission. City of Winchester – 02/07/23 Commissioner Ray, Winchester City Planning Commission Liaison, reported at the work session the Commission had two items: A presentation and review of the 2022 Community Development Department annual report; and initial consideration of a resolution initiating an ordinance amending multiple articles of the current zoning ordinance of Winchester pertaining to the addition o accessory dwelling units and related clarifications. This work seeks to fulfill a resolution by Winchester Common Council in June of 2022 seeking to develop a comprehensive approach to address housing availability and affordability in the City. Development Review & Regulations Committee – Mtg. 01/26/23 Commissioner Thomas reported, the Committee held the election of Chair (Kozel) and Vice Chair (Thomas) for the 2023 calendar year. She continued, the Committee discussed revisions to the sign ordinance; and discussed a waiver for overhead utilities in certain districts. The DRRC directed staff to evaluate additional criteria for waiver eligibility and will come back to the DRRC at a later date. Board of Supervisors Supervisor Ludwig reported the Board revisited the issue with chickens in the various districts and the Route 37 study was initiated. ------------- 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. ------------- 12 Frederick County Planning Commission Page 4009 Minutes of February 15, 2023 PUBLIC HEARING Rezoning #01-23 Car Credit Nation (1467, LLC) submitted to rezone approximately 1.345+/- acres from the RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District on a property totaling 3.96+/- acres with proffers to allow for the expansion of an automotive dealership. The property is located at 1467 Front Royal Pike, Winchester and is identified by Property Identification Number (PIN) 76-A-4 in the Shawnee Magisterial District. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is an application to rezone 1.345+/- acres from RA (Rural Areas) District to B2 (General Business) District on a property totaling 3.96+/- acres with proffers to allow for the expansion of an automotive dealership in the Shawnee Magisterial District. He shared a zoning map of the proposed property. Mr. Klein shared the conformance of the Comprehensive Plan: The Plan identifies the subject property with an “urban-center” land use designation envisioning a mix of uses “builds the identity and enhances the economic performance of these communities”; The designation of “urban center’ is consistent with the existing and proposed B2 zonin g of the site; and the proposed rezoning does not include the “mix of uses” envisioned, however, it may otherwise be appropriate as an expansion to an existing business (automotive dealership). He displayed the Long Rage Land Use map containing this property. Mr. Klein presented the proffer statement associated with REZ #01-23 Car Credit Nation: • Restrict uses to “automotive dealer” and “general business office” consistent with existing business/use of the property. • Contribution to Fire & Rescue Service. • Full screen buffer to be provided. Mr. Klein concluded, Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors for this proposed rezoning application. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Dan and Jennifer Cress, of Front Royal Pike came forward and shared their concerns with water run-off if additional paving should happen and they are concerned should the business change. Douglas Kerns shared his concerns with the discharge that come through to his pond. He noted, the applicant has been a good neighbor and they have assured him they will monitor this discharge. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Aikens commented on the possibility of additional screening and buffers. Commissioner Manuel, Commissioner Marker, and Commissioner Brannon spoke in favor of this application. Commissioner Brumback inquired about the drain field and well and if it will be paved over. Mr. Klein noted they both will be used by the Applicant and these items will be addressed at the site plan stage; they have also proffered a full screen buffer. Commissioner Molden asked if the water and sewer service would be expanded. Mr. Klein explained, the Applicant will be using their own drain field along with well and septic. Commissioner Thomas commented he supports this application. 13 Frederick County Planning Commission Page 4010 Minutes of February 15, 2023 Upon a motion made by Commissioner Manuel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #01-23 Car Credit Nation (1467, LLC) submitted to rezone approximately 1.345+/- acres from the RA (Rural Areas) Zoning District to the B2 (General Business) Zoning Distric t on a property totaling 3.96+/- acres with proffers to allow for the expansion of an automotive dealership. The property is located at 1467 Front Royal Pike, Winchester and is identified by Property Identification Number (PIN) 76-A-4 in the Shawnee Magisterial District. (Note: Commissioner Kozel was absent from the meeting.) Ordinance Amendment – OM Park District Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this a proposal to amend the OM (Office- Manufacturing) Park District to address stated concerns regarding the implementation of the zoning district, to better implement County identified targeted industries and remove the link between OM and Mixed-Use Industrial Office (MUIO) designation in the Comprehensive Plan. He continued, the zoning ordinance text amendment originated from discussions related to the update to the County’s Northeast Land Use Plan (NELUP) which contains nodes of MUIO planned land uses, which are intended to be implemented with the OM district. Mr. Klein reviewed the current zoning ordinance standards: • The intent of the OM District is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research-and-development center, office parks, and minimal-impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust, or other hazards. This district shall be located in a campus-like atmosphere near major transportation facilities. • The current OM Zoning District has not been well utilized implemented in practice. Mr. Klein presented the proposed zoning ordinance text amendment: Removing the stated “link” between OM District and MUIO in the Comprehensive Plan; Amending the district name to “Technology-Manufacturing Park District (TM);” adding additional allowed uses, such as food and beverage manufacturing, specialized manufacturing, flex-tech type uses and; Amending and removing required design standards such as building design/materials and allowing for outdoor storage. Mr. Klein shared the implementation of the amendment: • Creating greater allowances for warehousing uses accessory to primary uses, and • Properties rezoning to this district would not be required to submit a Master Development Plan (MDP). o Expediting time to market for potential development, and o Allowing for a Board waiver to underground electrical requirement. Mr. Klein concluded, the DRRC reviewed and endorsed this amendment on September 28, 2022 and November 21, 2022; and the EDA reviewed and endorsed this on February 2, 2023. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this proposed ordinance amendment. 14 Frederick County Planning Commission Page 4011 Minutes of February 15, 2023 Commissioner Aikens thanked the DRRC for their efforts on this and he asked if the new district aligns with the bio study by the EDA. Mr. Klein responded the EDA was involved with the discussions early on. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Stanley Crockett, the Vice-Chairman of the EDA came forward and presented a brief overview of the intent of the EDA. He shared the vision and possibilities that can come of this. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Kerns BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment – OM Park District. (Note: Commissioner Kozel absent from the meeting.) Uncodified Ordinance – Frederick County Development Review Fee Schedule Action – Recommend Approval Wyatt G. Pearson, Director, shared the changes to the Development Review Fee Schedule; he noted the DRRC discussed this item on January 26, 2023 and agreed it was necessary: • Increase on the fee for postponement of advertised public meeting or public hearing at the applicant’s request from $500 to $750 • Decrease in the Bond Replacement fee from $500 to $300 • Implementation of $200 fee for Short Term Lodging permits and renewals Commissioner Brannon commented she has been contacted by several STL applicants and feels it is a very tedious process. Mr. Pearson responded this is a work in progress and taking all comments into consideration to make this process clearer. 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 Orndoff and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Uncodified Ordinance – Frederick County Development Review Fee Schedule. (Note: Commissioner Kozel absent from the meeting.) ------------- 15 Frederick County Planning Commission Page 4012 Minutes of February 15, 2023 INFORMATION/DISCUSSION ITEM Ordinance Amendment – Signs M. Tyler Klein, Senior Planner, reported this is a proposal to amend the sign ordinance to implement changes because of the Reed v. Town of Gilbert ruling (SCOTUS); specifically, the changes proposed ensure content-neutral sign regulations. He noted, the majority of the sign standards already in the ordinance (size, height, number, location) remain unchanged. Mr. Klein presented the following: Current Zoning Ordinance Standards: • This section is established to regulate the erection, number, area, height, location, type, and maintenance of signs to promote the health, safety, and general welfare of the public and the orderly development of the County by protecting property values and providing adequate signage for businesses and motorists; protecting and enhancing the image, appearance and economic vitality of the County, and supporting the Frederick County Comprehensive Plan (§165-201.06). Proposed Changes: • Wall-mounted business signs shall be permitted one and one-half (1 ½) square feet of sign area for each linear foot of building frontage or twenty-five (25) square feet, whichever is greater, provided that the total area of any one -wall- mounted business sign or signs does not exceed 200 square feet. In situations for where there is more than one building user, such as in the diagram presented, each user shall be permitted a sign area proportionate to their frontage using the above calculation. Mr. Klein concluded, the DRRC discussed this item on January 26, 2023 and supported the proposed changes, therefore, Staff is seeking any comments from the Planning Commission to forward to the Board of Supervisors on this ordinance amendment. Commissioner Kerns asked if approved this would only apply to new signs. Mr. Klein noted, that is correct, and any new signs would have to follow the ordinance. This item is being forwarded to the Board of Supervisors with a favorable recommendation from the Planning Commission. 2023-2028 Capital Improvement Plan (CIP) Wyatt G. Pearson, Director, reported this is to discuss the 2023-2028 Capital Improvement Plan (CIP) which includes major capital expenditures for the County for the ensuing five - year period, as well as a category for long term projects (6+ years out). He continued, the Code of Virginia requires localities to adopt a CIP in order to accept proffers for capital improvements: Section 15.2-2232 of the Code of Virginia – no public facility shall be constructed unless said facility is a “feature shown” within a jurisdiction’s comprehensive plan; Projects are identified in the CIP are utilized in the annual update to the County’s Capital Impacts Model if they qualify for inclusion. Mr. Pearson noted, the Comprehensive Plan and the CIP are mutually supportive: The Comprehensive Plan identifies those areas suitable for development, as well as the infrastructure it would need; and the CIP translates those needs into capital projects designed to support the goals and policies of the Comprehensive Plan. 16 Frederick County Planning Commission Page 4013 Minutes of February 15, 2023 Mr. Pearson explained, while the program serves as a long-range plan, it is reviewed and revised annually based on current circumstances and opportunities. The adoption of the CIP is neither a commitment to a particular project nor a limitation to a particular cost: • Serves as a basic tool for identifying and ranking anticipated capital projects • Strictly advisory and is not intended for requesting funding allocations • Subject to change each year as the needs of the community become more defined and projects move closer to implementation • Projects may not be funded during the year that is indicated in the CIP Mr. Pearson shared the projects that are currently within the CIP for the General government, Transportation, and the Airport: • General government – 59 projects o Schools – 6 o Parks – 18 o Library – 3 o Administration – 5 o Fire and Rescue – 5, and 18 volunteer o Sheriff – 3 o Public Safety – 1 • Transportation – 28 projects o Combination of local, state, federal funds, developer contributions, and revenue sharing • Airport – 9 projects o Federal, state, and local government funding Mr. Pearson concluded, the CPPC endorsed the 2023-2028 CIP on February 13, 2023 and determined the CIP is in conformance with the Comprehensive Plan. The CPPC forwarded the CIP to the Planning Commission and the Board of Supervisors. Staff is seeking a recommendation from the Planning Commission for the CIP as well as affirmation that the 2023-2028 CIP is in conformance with the Comprehensive Plan. Commissioner Thomas commented he would like to see the CIP broken down into two parts or two lists. He shared his concerns with school improvement costs and would like to see where the cost drives are. Stacy Herbaugh, Director of Parks & Recreation, explained the need for the school improvements in regards to a gym addition and other items that are used regularly by students throughout the whole year. Mr. Pearson noted, he would pass along the comments and concerns from Commissioner Thomas. Commissioner Thomas commented in regards to Parks and Rec, there is nothing on the plan for older adults or things for people with less mobility and he would like to see this segment of the population looked at. Ms. Herbaugh explained, the Aquatic Center has gone down on the list because of a private group that is trying to establish this. She noted, the list is very fluid, and she will pass along the concerns. The Planning Commission, with a favorable consensus will send this item forward to the Board of Supervisors for their review. ---------- 17 Frederick County Planning Commission Page 4014 Minutes of February 15, 2023 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 Orndoff and unanimously passed. The meeting adjourned at 7:55 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 18 Planning Commission Agenda Item Detail Meeting Date: April 5, 2023 Agenda Section: Public Hearings Title: Double Church Agricultural & Forestal removal (Thomas Stelzl) - Mr. Cheran Attachments: PC04-05-23ThomasStelzel_Removal_Redacted.pdf 19 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M E M O R A N D U M TO: FROM: RE: DATE: Frederick County Planning Commission Mark R. Cheran, Zoning Administrator Request to Remove Parcel 86-A-35, owned by Thomas Stelzl from the Double Church Agricultural and Forestal District. March 21, 2023 Please find attached a letter from Thomas Stelzl, (Fairview-Spring Hill Farms, Hog Group, LLC.) dated February 22, 2023. Mr. Stelzl has requested the removal of one parcel from the Double Church Agricultural and Forestal District. The Double Church Agricultural and Forestal District was established in 1995 and has been renewed five times. The most recent renewal of this district occurred in September 2020 for a period of five years. Currently, 954.90 acres are contained in this district. Mr. Stelzl desire to remove one parcel totaling 100.35+/- acres from the Double Church Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request removal of land from an agricultural and forestal district through a public process via the local governing body. This removal is to allow for a subdivision of the land. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting of March 14, 2023. The ADAC unanimously recommended that this 100.35-acre parcel be removed from the Double Church Agricultural and Forestal District. A total of 854.55-acres will remain in the Double Church Agricultural and Forestal District. Staff will present mapping during the Planning Commission meeting which delineates the location of this acreage and its proximity to other land within the Double Church Agricultural and Forestal District. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. 20 22 23 24 25 26 27 28 29 Planning Commission Agenda Item Detail Meeting Date: April 5, 2023 Agenda Section: Action Items Title: Subdivision Waiver - One Logistics Park - Mr. Cheran Attachments: PC04-05-23SubdivisionWavier01-23_One Logistic.pdf 30 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator RE: An appeal of the decision of the Subdivision Administrator in the administration of the Frederick County Code Subdivision of Land Chapter 144 Section 25 DATE: March 15, 2023 _________________________________________________________________________________ This is a request by One Logistics Park, LP, represented by Walsh, Colucci, Lubeley & Walsh, P.C., for a waiver of the underground utilities requirement of County Code Section 144-25, for Parcel 64- A-83, as a result of the decision of the Subdivision Administrator. §144-5. INTERPRETATIONS AND APPEALS: The Subdivision Administrator shall have the authority to make interpretations concerning the application of the requirements of this chapter. Any person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or strict adherence to the regulations would result in substantial injustice or hardship. CODE 144 REQUEIREMENTS: §144-25(A). Easements shall be recorded in subdivisions for all utility lines according to the requirements of the relevant utility companies. §144-25(B). Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Board of Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an approved master development plan or subdivisions in business and industrial zoning district that were approved prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County Code. PROPERTY LOCATION AND ZONING: The Property (‘Property”) is identified with Property Identification Number 64-A-83 within the Shawnee Magisterial District and is zoned M1(Light Industrial) Zoning District. ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) District Use: Lumber Yard/Transmission Station 31 Appeal of Subdivision Administrator March 15, 2023 Page 2 East: M1 (Light Industrial) District Use: Industrial South: RA (Rural Areas) District Use: Airport West: M1 (Light Industrial) District Use: Vacant BACKGROUND: The above referenced Property is located within the project known as One Logistics Park Winchester (“One Logistics”) and is subject to Rezoning #01-21, approved by Frederick County with proffers and a proffered General Development Plan (GDP). The Property is zoned M1 (Light Industrial) Zoning District. One Logistics is subject to Master Development Plan #05-21 (MDP). The proffered GDP and approved MDP show the general lay out of the roads and land bays for the development of this project. The Property is to be served by Rappahannock Electric Cooperative (REC) to supply its electrical needs. REC in working with the applicant does not have the electrical power availability along Millwood Pike (Rt. 50) to serve this property. The applicant and REC have reviewed several alternatives to service this Property at the applicant’s behest, and these alternatives have proved to be costly. This alternative route for this electrical service would be along future Pendleton Drive. The applicant is requesting the requirements of § 144-25 to be temporarily waived to allow for overhead electric service until the Future Pendleton Drive is constructed and accepted by the Virginia Department of Transportation (VDOT). There is no date when the temporary electric service will be terminated. This Property has been rezoned four (4) times since 2005 to a more intensive zoning classification, the most recent Rezoning #01-21 rezoned the balance of Property to M1. Presumably, due diligence as to the availability of electrical service to this Property and the other land bays of this project would have disclosed this issue. The other rezonings had approved proffer GDP’s and approved MDP’s, which could have taken into consideration an alternative route to have underground utilities serve this property and the other land bays. Chapter §144-5 has a high threshold to be met variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or strict adherence to the regulations would result in substantial injustice or hardship. In this case, the applicant had numerous times throughout the land use action(s) process to evaluate the availability of underground electric service to serve the property. The strict application of the Frederick County Code does not produce an undue hardship as the hardship is self-inflicted by the applicant. STAFF CONCLUSIONS: Staff is seeking a recommendation from the Planning Commission to be forwarded to the Board of Supervisors to affirm the decision of the Subdivision Administrator in the administration of the Frederick County Code Chapter 144 Section 25. MRC/pd 32 £¤50 511AIRPORT RD 300ADMIRALBYRD DR 190ADMIRALBYRD DR 190ADMIRALBYRD DR 730AIRPORT RD 155AVIATION DR221AVIATION DR 138TAILSPINCIR 730AIRPORT RD 220VICTORY RD 291INDEPENDENCE DR 285INDEPENDENCE DR285INDEPENDENCE DR 141SECURITY DR 222ADMIRALBYRD DR 200AVIATION DR 211VICTORY RD 120SECURITYDRIVE 580AIRPORT RD 600AIRPORT RD 382ARBOR CT 250INDEPENDENCE DR 212INDEPENDENCE DR 491AIRPORT RD 380ARBOR CT 328INDEPENDENCE DR 296VICTORY RD 220ADMIRALBYRD DR 338ARBOR CT 287VICTORY RD 287VICTORY RD 310VICTORY RD 368VICTORY RD344VICTORY RD 180ADMIRALBYRD DR 321ARBOR CT 331VICTORY RD 390AIRPORT RD 296ARBOR CT 351VICTORY RD 411VICTORY RD 181PENDLETON DR 266ARBOR CT 220ARBOR CT 441VICTORY RD 290AIRPORT RD113MUSKOKA CT 600PEGASUS CT 220ARBOR CT 182ARBOR CT311AIRPORT RD 295AIRPORT RD 402BUFFLICK RD 401PEGASUS CT 140ARBOR CT431BUFFLICK RD 330BUFFLICK RD 361BUFFLICK RD 391BUFFLICK RD399BUFFLICK RD 1830MILLWOODPIKE 301BUFFLICK RD 317BUFFLICK RD325BUFFLICK RD 1828MILLWOODPIKE 1825MILLWOOD PIKE 1815MILLWOODPIKE 1809MILLWOODPIKE 1080COVERSTONE DR 1813MILLWOOD PIKE 231SULPHURSPRING RD 112SULPHURSPRING RD 1753MILLWOODPIKE 1600MILLWOODPIKE 143SULPHUR SPRING RD 185SULPHURSPRING RD 201PRINCEFREDERICK 1544MILLWOOD PIKE 1170GREENWOOD RD 1525MILLWOODPIKE 1441MILLWOOD PIKE 1517MILLWOODPIKE 177RYCO LN 179RYCO LN 1230MILLWOODPIKE 1288MILLWOODPIKE1302MILLWOOD PIKE 100STANLEY DR1411MILLWOODPIKE 105DARBY DR 146POE DR145POE DR 147RYCO LN 151STANLEY DR 102WINSLOW CT 114EDGAR LN 125POE DR 115POE DR 120POE DR 157NEVERMORE DR 151NEVERMORE DR 103POE DR 1160MILLWOODPIKE 1186MILLWOOD PIKE 202CUSTERAVE 198STANLEY DR 105WINSLOW CT 102DUNER CT 114RAVENOAKS DR 129RAVEN OAKS DR 156DELCO PLAZA156DELCO PLAZA 1090MILLWOODPIKE 1237MILLWOODPIKE 103STANLEYCIR 125DARBY DR 124KILLANEY CT 131LENORE LN 1135MILLWOODPIKE1163MILLWOOD PIKE 106CLARENDON CT 107STANLEYCIR 133DARBY DR 112KILLANEY CT 104LENORE LN 117NEVERMORE DR W IN S L O WCT ETNAM ST R E M E Y A V E STANLEY CIR PEMBRIDGEDRKILLANEY CT TAILSPIN CIRFLANAGAN DRK I NR OS S D RSTANL EY DRDARBYDRLE NOR E LN POE DREDGAR LN RAVEN OAKS DRNEVERMORE DRSULPHURSPRING RD AVIATIONDRINVERLEE WAYCUSTER AVE RYCO LNPEGASUSCTBUFFLICK RDP E N D LET O N D R AIRPORT RD INDEPENDENCE DR COSTELLO DR VICTORY RDPRINCEFREDERICK DRARBOR CTMILLWOOD PIKE ADMIRAL BYRD DRCOVERSTONE DR Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 28, 2023 MILLWOOD PIKE AIRPORT RDFRONT ROYAL PIKEBUFFLICK RD VICTORY RDARBOR CTCOSTELLO DR COVERSTONE DR POE DRINDEPENDENCE DRLILAC LNADMIRAL BYRD DR£¤50 0 1,000 2,000500 Feet A p p e a l : O n e L o g i s t i c s P a r k , L PPIN: 6 4 -A -8 3Chapter 1 4 4 S e c t i o n 2 5 - W a iv e r o f U n d e r g r o u n d U t il i t ie sLocation M a p 64-A-83 33 34 35 36 37 38 Planning Commission Agenda Item Detail Meeting Date: April 5, 2023 Agenda Section: Action Items Title: UDA Exception - Sandy's Mobile Home Park - Mr. Pearson Attachments: PC04-05-23UDA_Exception_Sandy'sMobileHomePark.pdf 39 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, AICP, Planning & Development Director SUBJECT: Request to Serve Residential Land Uses With Public Water & Sewer Outside The Urban Development Area – 2044-2046 Fairfax Pike DATE: March 24, 2023 Frederick County has received a request from Sandy’s MHC LLC to authorize Frederick Water to serve Sandy’s Mobile Home Park at 2044 and 2046 Fairfax Pike (parcel 87-A- 95) with public sewer. The 2044 address is assigned to the mobile home units and 2046 assigned to the commercial market; the property is approximately 25 acres in size. The subject property is zoned Mobile Home Community (MH1) and the Southern Frederick Small Area Plan depicts these properties with a Mixed Use Industrial/Office future land use designation, and as a part of the Lake Frederick Neighborhood Village. Accordingly, future residential uses in the area are envisioned as an accessory component of commercial land uses. The property is located within the County’s Sewer and Water Service Area (SWSA) but not the Urban Development Area (UDA). County policies require that residential land uses be located within both the SWSA and the UDA to enable connections to Frederick Water services. Sandy’s current waste treatment lagoon is under a consent order with Virginia Department of Environmental Quality (VADEQ). Should an exception not be granted for the site, the applicant would need to consider substantial upgrades to the existing private system. A future sanitary force main is planned by Frederick Water that could serve this property if constructed. Water service has been provided historically to the property in question and may predate Board policy. The Applicant proposes to continue operation of the existing Mobile Home Community. Absent any conditional approval by the Board of Supervisors, the existing zoning would allow for additional mobile homes to be added to the property if desired by the applicant. Since this exception is not seeking to expand the boundary of the UDA, this request could be decided by the Board of Supervisors without a public hearing or amendment to the Comprehensive Plan. Staff is seeking a recommendation from the Planning Commission on this requested exception. 40 UDA Exception Request Sandy’s MHC LLC March 24, 2022 Page 2 Please contact Staff should you have any questions regarding this request. Attachments: Location Map Comments from Frederick Water 41 76 A 65HORTONINVESTMENTS LLC £¤522 ¬«277 ¬«277 ¬«277 ¬«277¬«277 ¬«277 BAYHILLTERFARROWDRBERGAMOT WAYCHANNELCAT WAY FIREWEEDDR COLUMBINE DR TEALCT EM O R YCT PERIWINKLE PL F LY CA T CH E R W A YPOPPYDR HERONCTNANDINAPLREA MSS TAT ION CT CARTERSCIRCONEFLOWER WAYSMOKEBUSHWAYPINTAILWAY PERRYVILLECT TWINLEAFWAYM E LLO WCT BURKWOODTER BULLRUN CT B R AN TCT TERRYSLNFISHERSHILL CT SWITCHGRASSWAY OATGRASSCTREEDVILLECT IRONWEEDDRPEREGRINECT PIPITCT PIMPERNELPL B L U E R I DGE L NDOUBLETOLLGATERDDEEPBOTTOM PLFRIESLOOPRDSTO RAG ESO LUTIO NSLNSITLINGTONSHILL CT BALLSBLUFFWAY CABBAGEWHITE DRWALLEYECT STONECROPCT WITHERODCT MILKWEEDDRPHOEBECT FRINGETREECTVICEROYWAYBUTTERCUPDRBLUETSDRCHANCELLORSVILLEDRBOYDTONPLANK DRFORGET MENOT DRPARISCTCHOKECHERRY CTFOAMFLOWER DR L AR U E L NBARREDOWL WAYRADFORD CTGROSBEAKCTBLEEDINGHEART DRRAINVILLERDT OWHEEDRCEDARMOUNTAIN DRSASSER LNMARCELDRFIRSTMANASSAS PLWARRIORDRLEATHERFLOWER DREMPERORDRUPPERVILLEDR NUTHATCHDR COOLSPRING DR TRUMPET VINE DRBREEZYACRES LNGADWELL LNFREDERIC KSBURG DRSKIPPERDR KATHLEEN CTSONGSPARROW DR LADYSMITHDR G E M S TO N E D RBLACKBURNSFORD DRBRIDGEPORT LNFORESTLAKE DRCOWBIRD STHOMEPLACECT JOU R N EY MA N LN MALLARDDRARMEL RDTADPOLELNCEDAR LN REARDON RD R ACH E LCAR S ON D R BRIDGEWATER DR APPRENTICE LNSTONEWALLJACKSONHWYMARANTO MANOR DR RIDINGS LNTASKER RD FRONT ROYALPIKERITTER RDW RIGHTS RUN LNWHITE OAK RDFAIRFA X PIKE HUDSON HOLLOW RD UDA Application Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 22, 2023 FAIRFAX PIKE FRONT ROYAL PIKERIDINGS LNWRIGHTS RUN LN¬«277 0 2,100 4,2001,050 Feet CLARKECOUNTY UDA ExceptionPIN: 87-A-95Sandy's MHC LLCLocation Map 87-A-95 42 From:Eric R. Lawrence To:Wyatt Pearson Subject:"[External]"Sandy"s Mobile Home Park SWSA Exception Request Date:Tuesday, March 7, 2023 3:39:42 PM Mr. Pearson, Thank you for your e-mail of March 3, 2023 requesting comment from Frederick Water on Sandy’s Mobile Home Park’s request for an exception to utilize Frederick Water’s sanitary sewer services. I offer the following for your consideration as you process the request and ultimately secure a decision from the Board of Supervisors. Sandy’s Mobile Home Park is located at 2044 and 2046 Fairfax Pike, and is identified by Property Identification Number 87-A-95. The 2044 address is assigned to the mobile home units and 2046 assigned to the commercial market. The property is located within the County’s Sewer and Water Service Area (SWSA) but not the Urban Development Area (UDA). County policies require that residential land uses be located within both the SWSA and the UDA to enable connections to Frederick Water services. The property has had public water service for many years, dating back to the 1990s when Frederick Water installed a 12-inch water main along Fairfax Pike to serve the Virginia Department of Corrections’ Camp 7 Detention Center in White Post on Route 522S. Sanitary sewer service could be available to Sandy’s MHP within the next three years. Frederick Water is working on a sanitary sewer forcemain initiative to improve sanitary sewer service for the Lake Frederick community, and the nearby areas of Frederick and Clarke Counties. More specifically, sanitary sewer service would be more accessible in Frederick County’s triangle area bounded by Fairfax Pike (Route 277), Front Royal Pike (Route 522), Tasker Road (Route 642), and White Oak Road (Route 636); and Clarke County’s Double Tollgate area. Sandy’s MHP is well positioned to benefit if it could connect to Frederick Water’s sanitary sewer improvement. Frederick Water is prepared to work with the owners of Sandy’s MHP and establish a connection to Frederick Water’s sanitary sewer if approval is granted by the Board of Supervisors. Please advise if additional information from Frederick Water is necessary for the Board of Supervisors consideration of the property owner’s request. Thank you. Eric 43 Planning Commission Agenda Item Detail Meeting Date: April 5, 2023 Agenda Section: Other Title: Current Planning Applications Attachments: 44