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PC 04-05-23 Meeting Minutes Frederick County Planning Commission Page 4020 Minutes of April 5, 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 April 5, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Commissioner Triplett, Commissioner Aikens, Commissioner Kerns, and Commissioner Orndoff. STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the April 5, 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 Manuel 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 January 18, 2023 and February 15, 2023 meetings. ------------- 4 Frederick County Planning Commission Page 4021 Minutes of April 5, 2023 COMMITTEES Development Review & Regulations Committee – Mtg. 03/23/23 Commissioner Kozel reported, the committee discussed conversion of use list for the industrial (M1, M2, & TM) zoning districts to NAICS terminology. Also discussed was the allowance for shipping containers as storage in the RA (Rural Areas) Zoning Districts. She noted, both items will go back to the DRRC in April for final comment. Frederick Water – Mtg. 03/21/23 Chairman Jewell reported the Frederick Water Board of Directors approved revisions to the 2019 Shaffer’s BBQ/Town of Middletown/Frederick Water sanitary sewer Memorandum of Understanding (MOU). The revisions result in reduced construction costs by removing a flow meter from the proposed sanitary sewer line connection and the reduced costs will help facilitate Shaffer’s BBQ’s connection to the public sanitary sewer system and to abandon and existing undersized drain field. He shared; the Frederick Water Board of Directors endorsed the proposed F-WSA organizational restructuring that is being requested. Chairman Jewell concluded by sharing the February operation s report and noted the quarries remain in excellent shape. City of Winchester Commissioner Richardson, Winchester City Planning Commission Liaison, reported Commission discussed three items; Hope Drive and the Harrison Plaza; Townhouses on Weems Lane; and there was a denial of accessory dwelling units. Board of Supervisors Supervisor Ludwig, Board of Supervisor Liaison, reported the Board has received complaints regarding the new STL process. He shared the Board continues to work through the budget process and there has not been a final draft as of the 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. ------------- 5 Frederick County Planning Commission Page 4022 Minutes of April 5, 2023 PUBLIC HEARING Double Church Agricultural & Forestal removal (Thomas Stelzl) Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator reported, this is a request to remove a 100.35+/- acre parcel from the Double Church Agricultural and Forestal District. This parcel is located within the Opequon Magisterial District and is generally located west of Grim Road (Route 640) and south of Wise Mill Road (Route 737); the zoning is RA (Rural Areas). Mr. Cheran shared a location map of the property and the surrounding parcels. He explained, the applicant has requested removal from the Double Church Agricultural & Forestal District to allow for subdividing of the property; state code requires land that is removed from a district be done for good and reasonable cause. He noted, this parcel is being requested to be removed for family health reasons. Mr. Cheran continued, the Agricultural District Advisory Committee (ADAC) met on March 14, 2023, reviewed this application, and recommended this parcel be removed from the district. He concluded, Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors removing this parcel from the Double Church Agricultural and Forestal District. Chairman Jewell inquired since this is a by-right use, the Applicant can develop the parcel. Mr. Cheran commented, not at this time since the parcel is still in the Ag & Forestal District. Commissioner Brannon requested clarification that sometime parcels are permitted to enter the Ag & Forestal Districts during the five-year period. Mr. Cheran noted that is correct, however the state code does not permit them to leave the district without special circumstances. Commissioner Thomas asked what the steps are for a parcel to be removed from an Ag & Forestal District. Mr. Cheran explained, Staff is contacted by the Applicant, the items go in front of ADAC at which time they make a recommendation to the Planning Commission, then the item is presented to the Board of Supervisors for approval/denial. He noted the Ag & Forestal Districts are reviewed every five years. Commissioner Thomas inquired how the TDR’s (Transfer of Development Rights) come into play if a parcel is removed from the Ag & Forestal District. Mr. Cheran explained, in the parcel in in the Ag & Forestal district then the TDR’s double. Commissioner Brumback requested clarification that this application is not a rezoning. Mr. Cheran commented that is correct. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Brenda Kettlewell of the Opequon District came forward and shared her concerns with how this request has transpired over the last six to nine months. She explained, in September 2022 there were five acres that were surveyed and then ultimately sold in December 2022. She is inquiring as to how this happened given the parcel is in the Ag & Forestal District . Mrs. Kettlewell expressed her concerns with the traffic impacts this will have, and she requests the Planning Commission deny this request and evaluate all this is being mentioned during the remaining renewal period of 2025. Joy Nault of the Opequon District expressed her concerns of the traffic impacts as well as the water table and utilities. She noted this will drastically affect the surrounding community and their quality of life and feels this is unjustified. Jeff Gore of the Opequon District came forward and voiced his concerns of the traffic impacts this will have on such a narrow rural road. He noted the roads are used by farmers daily and they 6 Frederick County Planning Commission Page 4023 Minutes of April 5, 2023 are just not suited for this type of development. Mr. Gore stated he is a relative of the applicant and is aware they have other property on Double Church Road that could be sold, and the money used for the needed medical expenses. He noted, Double Church Road is much more suited for this type of subdivision and the overall impacts it will have to the community. Lisa Anderson of the Opequon District commented that she is concerned with the road impacts and the quality of life. She too is well aware of the availability of other property that could be used to assist with the medical expenses if needed. She asked the Planning Commission to deny this item and use the remaining time to evaluate it properly. Greg McCauley commented he feels the Planning Commission members need to visit Grim Road to see what the citizens are saying and then make a decision. He feels traffic will be a major concern and this should be mitigated before approval of this being removed from the Ag & Forestal District. He stated if the need for money is to help with medical expenses, there is a large farm on Double Church Road that could be subdivided and is in a much better place that can handle these types of impacts. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Brannon commented that this is a by-right use and the family needs the funds for medical expenses, so she supports this. Commissioner Markert stated if denied, in two years it will be right back before the Commission; he questions the value of a two-year delay. Commissioner Brumback stated she is sympathetic to all and likes that it is rural preservation land. Commissioner Thomas commented he has mixed feeling on this, and he can remember Mr. Stelzl complaining about a subdivision being built on Double Church Road several years back; he stated he is sympathetic to the fact that the family is in need of the money for medical expenses. Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of the Double Church Agricultural & Forestal removal (Thomas Stelzl). (Note: Commissioners Triplett, Aikens, Kerns, and Orndoff were absent from the meeting). ------------- ACTION ITEMS Subdivision Waiver – One Logistics Park (postponed to 05/17/23 per Applicant) UDA Exception – Sandy’s Mobile Home Park Wyatt G. Pearson, Director, reported this is a request to provide an exception to the Urban Development Area (UDA) policy restricting public water and sewer service for residential uses outside the UDA. The property is 25.84 acres and is located within the Opequon Magisterial District at 2044 -2046 Fairfax Pike (Parcel 87-A-95) and the zoning is MH1 (Mobile Home Community) District. He continued; the UDA of Frederick County includes those areas anticipated for higher intensity residential development; Frederick County established its initial UDA boundary in 1987. He noted, in accordance with long held Board policy, residential land uses located outside the UDA are not entitled to public water and sewer service. Mr. Pearson presented a location map of the property along with an aerial photo. 7 Frederick County Planning Commission Page 4024 Minutes of April 5, 2023 Mr. Pearson explained, currently the property has public water service (predates b oard policy) and sewer service is provided via a private lagoon system (under consent order VADEQ). The Comprehensive Plan (Southern Frederick Area Plan) designates the property for Mixed Use Industrial/Office and as part of the Lake Frederick Neighborhood Village. It is located within the Sewer and Water Service Area (SWSA), but not the UDA. He noted, Frederick Water may become capable of serving the property in the next three years and is willing to work with the property owner is authorized. Mr. Pearson concluded the Applicant has requested an exception from the UDA policy to allow for public sewer service to this property and Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors regarding this UDA exception to allow for public sewer service. Commissioner Thomas asked is some of the surrounding homes have failing septic systems. Mr. Pearson noted this exception is only focused on this request at this time. Commissioner Brumback asked if this would be able to be expanded. Mr. Pearson commented that would be determined later if necessary. A motion was made to move this item forward to the Board of Supervisors with a favorable recommendation and it was unanimous. ---------- OTHER Wyatt G. Pearson, Director, shared Planning applications that are currently in movement; Hang 10 site plan; Trex expansion; and 19 STL applications have been accepted and approved to date. Chairman Jewell noted regarding the STL process; there are two sides that come into play and it continues to be a work in progress with the Planning Department and Commissioner of Revenue. Commissioner Thomas mentioned the damage utility companies are causing in the area and asked Staff to research what recourse is available. Mr. Pearson noted, the Planning Department is aware of this and is currently working with citizens and providing them with necessary information. ------------- 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 Manuel and unanimously passed. The meeting was adjourned at 7:50 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 8