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PC 02-15-23 Meeting Minutes 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