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PC 01-04-23 Meeting Minutes Frederick County Planning Commission Page 3995 Minutes of January 4, 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 4, 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; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Kathleen Dawson, Red Bud District; Charles Markert, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: None STAFF PRESENT: John A. Bishop, Assistant Director; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the January 4, 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 Manuel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MEETING MINUTES Upon motion made by Commissioner Orndoff and seconded by Commissioner Dawson, the Planning Commission unanimously adopted the minutes from the October 19, 2022 meeting. ------------- 3 Frederick County Planning Commission Page 3996 Minutes of January 4, 2023 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2023 Assistant Director, John A. Bishop, presided over the election of the Chairman for 2023. Election of John F. Jewell, Chairman for 2023 Assistant Director, John A. Bishop, declared nominations open for Chairman for the 2023 calendar year. The nomination of Mr. John F. Jewell for Chairman was made by Commissioner Thomas and seconded by Commissioner Triplett. 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 2023. Election of Roger L. Thomas, Vice Chairman for 2023 Chairman, John F. Jewell, declared nominations open for Vice Chairman for the 2023 calendar year. The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner Orndoff and seconded by Commissioner Kerns. 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 2023. Election of Wyatt G. Pearson, Secretary for 2023 Chairman Jewell declared nominations open for Secretary for the 2023 calendar year. The nomination of Mr. Wyatt G. Pearson was made by Commissioner Jewell and seconded by Commissioner Triplett. 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 2023. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2023 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 Thomas and seconded by Commissioner Manuel 4 Frederick County Planning Commission Page 3997 Minutes of January 4, 2023 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 2023 as presented. COMMITTEE ASSIGNMENTS Chairman Jewell reported all Committee assignments for calendar year 2023 will remain the same at this time. ------------- COMMITTEES City of Winchester – 01/03/23 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission discussed a CUP at Zero Pack and two ordinance amendments. Board of Supervisors – 12/14/23 Supervisor Ludwig reported, the Board of Supervisors tabled a CUP for Richard Byess to be brought back before the Board at a later date. ------------- 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. ------------- PUBLIC HEARING Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher), submitted for the retailing or wholesaling of nursery stock and related products. The undeveloped property is located on Town Run Lane (Route 1012) southwest of the intersection with Peace and Plenty Lane (private road), east of the Town of Stephens City. The property is identified with Property Identification Number 85-A-134 in the Opequon Magisterial District. Action – Recommend Approval John A. Bishop, Assistant Director, reported this is an application for a Conditional Use Permit (CUP) to allow a Retail Nursery. The 13-acre undeveloped parcel is located at Town Run Lane (Route 1012) and Peace and Plenty Lane (private road) in the Opequ on Magisterial District and is zoned RA (Rural Areas). He shared a zoning map of the property and surrounding area. He noted, retailing and 5 Frederick County Planning Commission Page 3998 Minutes of January 4, 2023 wholesaling of nursery stock and related products is permitted within the RA Zoning District with an approved CUP. Mr. Bishop shared, the Applicant intends to conduct this use as follows and construct: • 2,600 square feet retail office • (3) 3,600 square feet green houses • A fenced area for display of retail products and plants • Pond (.33 acre) for irrigation purposes • Parking area Mr. Bishop concluded should the Planning Commission find this application to be appropriate, Staff would recommend the flowing condition be assigned to this CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered minor site plan in accordance with Article VIII be submitted and approved by Frederick County prior to establishing the use. 3. One, non-illuminated, freestanding monument business sign is permitted no more than five feet in height and fifty square feet in size. 4. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Orndoff requested clarification of where the access point will be. Dr. Iara Lacher, the Applicant came forward and clarified the location would ideally be facing north towards Stephens City. Commissioner Kerns inquired about water and sewer for the property. Dr. Lacher stated they will be putting in a drain field. Commissioner Brumback asked if there would be three or four greenhouses on the property. Dr. Lacher commented that is to be determined and is based on how things are placed on the property and the sizes. Commissioner Molden inquired about mulch sales and the truck traffic this could generate. Dr. Lacher commented there will be bags of mulch sold and a small trailer will be used to haul these to the location. Commissioner Brannon commented she would like to be sure the Applicant understands if changes are made a new CUP will need to be applied for. Dr. Lacher stated she is aware of that. Commissioner Thomas commented regarding the square footage and that this would be done in phases. Mr. Bishop noted that is correct. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Susie Hertzler of the Gainesboro District, Mr. Eric Morgan of the Opequon District, Ms. Michelle Fontaine of the Gainesboro District, Mr. Brady Boyer, and Mr. Phil Harper of the Gainesboro District came forward and shared their support of this Application; they believe focusing on native plants will be beneficial to the community and this is a great opportunity. Mr. William Ramey of the Opequon District share is concerns with the uncertainty of the legal right-of-way to the land. He noted he is not against the nursery, he would just like clarification of this. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. 6 Frederick County Planning Commission Page 3999 Minutes of January 4, 2023 Commissioner Brannon requested Staff address the right-of-way concerns. Mr. Bishop commented, VDOT cannot landlock a parcel and that Town Run terminates at the corner of the property. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Manuel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher), submitted for the retailing or wholesaling of nursery stock and related products. The undeveloped property is located on Town Run Lane (Route 1012) southwest of the intersection with Peace and Plenty Lane (private road), east of the Town of Stephens City. The property is identified with Property Identification Number 85 -A- 134 in the Opequon Magisterial District. ------------- DISCUSSION ITEM Discussion regarding Staff recommended changes to the Development Review Fee Schedule. John A. Bishop, Assistant Director, shared the changes proposed to the Development Review Free Schedule: • Increase of 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 a $200 fee for Short Term Lodging permits and renewals Commissioner Dawson inquired about building fees and if any changes. Mr. Bishop commented that is not reflected is the fees being discussed and that would be through Inspections and Public Works Departments. Commissioner Brannon asked if there was a fee it an item is tabled. Mr. Bishop explained the applicant would only pay again if they would withdraw or make changes. ------------- 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 7:40 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 7