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PC 05-17-23 Meeting Minutes Frederick County Planning Commission Page 4031 Minutes of May 17, 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 May 17, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; : Robert S. Molden, Opequon District; William A. Orndoff, 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; Charles Markert, Red Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Justin Kerns, Stonewall District STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the May 17, 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. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the April 5, 2023 meeting. ------------- 4 Frederick County Planning Commission Page 4032 Minutes of May 17, 2023 COMMITTEES Development Review & Regulations – Mtg. 04/27/23 Commissioner Kozel reported the Committee discussed the conversion of commercial and industrial districts allowed uses list to NAICS and this will be presented to the Planning Commission in the coming months. Also discussed was the allowance for shipping containers as storage in the RA (Rural Areas) Zoning District and this item is on tonight’s agenda. Frederick Water – Mtg. 05/16/23 Chairman Jewell reported the Board held their annual election of officers and the Bylaws were renewed and adopted. He shared that the Board was updated on various capital projects that are being advanced to strengthen water and sewer services. Chairman Jewell presented the operations report for April. City of Winchester – Mtg. 05/16/23 Commissioner Richardson, Winchester City Planning Commission Liaison, reported the Commission discussed a change to the greenspace requirement and it will be coming forward at a later date. Board of Supervisors – Mtg. 05/10/23 Supervisor Lockridge, Board of Supervisor Liaison, reported the Board approved a sign ordinance amendment, discussed the CIP, and discussed a boundary line adjustment in Middletown. ------------ 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 Draft Update of the 2023-2024 Frederick County Interstate, Primary, and Secondary Road Improvement Plans – The Primary and Interstate Road Improvement Plans establish priorities for improvements to the Primary and Interstate Road networks within Frederick County. Priorities adopted by the Board of Supervisors will be forwarded to VDOT for consideration. The Virginia Department of Transportation and the Planning Commission of Frederick County, in accordance with Section 33.2-331 of the Code of Virginia will conduct a joint public hearing in the Board Room of the Frederick County Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m. on Wednesday, May 17, 2023. The purpose of this public hearing is to receive 5 Frederick County Planning Commission Page 4033 Minutes of May 17, 2023 public comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year 2024 through 2029 Frederick County and on the Secondary System Construction Budget for Fiscal Year 2024. Action – Recommend Approval John A. Bishop, Assistant Director, reported this is the annual update of the Interstate, Primary, and Secondary Road Plans. He explained, the Interstate and Primary Plans are advisory, and the Secondary Plan is code required. Mr. Bishop continued, Interstate and Primary Road Improvement Plans have no recommended changes currently; Staff would note as the Route 37 Study that is currently underway moves ahead, there is a good possibility of future updates resulting from that effort. He shared the Secondary Plan Updates for Fiscal Year 2024: 1. Update Major Road improvements list to reflect current activities. 2. Update Advertisement years for projects on the scheduled list. 3. Add the following projects via promotion from the Unscheduled to the Scheduled list: a. Clarke Road b. South Timber Ridge Road c. Heishman Lane d. Glaize Orchard Road Mr. Bishop shared a variety of maps explaining the Interstate, Primary, and Secondary Road Plans. He also showed maps of the Non- Hard Surfaced Road Improvement Projects Schedule. Mr. Bishop concluded, the Transportation Committee reviewed this item on April 24, 2023 and has recommended approval. Commissioner Brumback asked once Renaissance Drive is completed is that when Springdale Road will cul-de-sac. Mr. Bishop stated that is correct. Upon a motion made by Commissioner Thomas and seconded by Commissioner Orndoff BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Draft Update of the 2023-2024 Frederick County Interstate, Primary, and Secondary Road Improvement Plans – The Primary and Interstate Road Improvement Plans establish priorities for improvements to the Primary and Interstate Road networks within Frederick County. (Note: Commissioner Kerns was absent from the meeting). ------------- ACTION ITEM Rezoning #10-22 of Fruit Hill (Equus Capital Partners Ltd., DTS, LC and William O. Minor) Action – Recommend Approval 6 Frederick County Planning Commission Page 4034 Minutes of May 17, 2023 Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. John A. Bishop, Assistant Director, reported this application was submitted to rezone 220.06+/- acres which consist of 189.08+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District, 10.34+/- acres from RA District to B2 (General Business) District, and 20.64+/- acres from RA District to either TM (Technology Manufacturing) District or M1 District with proffers. The properties are located at 384 Ruebuck Lane, 1420 Rest Church Road at the southwest corner of the intersection of Rest Church Road and Zachary Ann Lane and are identified by Property Identification Numbers 33-9-1A, 33- A-89, and 33-A-90 in the Stonewall Magisterial District. Mr. Bishop explained the Applicant proposes to construct five buildings of varying sizes, totaling approximately 2,425,500 sq. ft. of space, as well as a 5,000 sq. ft. restaurant and a hotel containing up to 100 rooms. A portion of that square footage will be reserved for the potential location of a data center should that use become viable. He shared a zoning map of the property and a long-range land use map. He presented a Generalized Development Plan of the site development plan and transportation plan. Mr. Bishop shared the key proffer changes: • Applicant has updated the proffer for the Rest Church Road and Route 11 intersection to cover the full cost of construction and right of way. • Applicant has updated the proffer for cash toward the upgrade of Ruebuck Lane to the Applicant making the upgrades themselves. • Applicant has removed Rest Church Road through trips from consideration of pro rata share for potential signal at the intersection of Fruit Hill Road and Rest Church Road. • The Applicant has made a number of other clarifications to proffer language as well in coordination with County Staff. Mr. Bishop presented Staff notes: This Application does not conform with the Board of Supervisors adopted Comprehensive Plan and it does not address the I-81 NB exit ramp to Rest Church Road turn lane identified in the TIA. Mr. John Foote, representing the Applicant shared a presentation focusing on transportation. He noted, the Applicant has made all the changes requested by Staff and the County Attorney. Commissioner Thomas asked if Equus has a construction schedule for the buildings. Mr. Foote commented that it depends on the market. Chairman Jewell asked if Fruit Hill Road will be done in sections and Mr. Foote noted yes it will be. Commissioner Orndoff commented that his concern is that this Application is not consistent with the Comprehensive Plan. Commissioner Orndoff commented he would like to request that the Board of Supervisors take necessary actions to direct Staff to evaluate the potential mitigation as soon as feasible. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Aikens BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #10-22 of Fruit Hill (Equus Capital Partners Ltd., DTS, LC and William O. Minor) submitted to rezone 220.06+/- acres which consist of 189.08+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District, 10.34+/- acres from RA District to B2 (General Business) District, and 20.64+/- acres from RA District to either TM (Technology Manufacturing) District or M1 District with proffers. The properties are located at 384 Ruebuck Lane, 1420 Rest Church Road at the southwest corner of the intersection of Rest Church Road and Zachary Ann Lane and are identified by Property Identification Numbers 33-9-1A, 33-A-89, and 33-A-90 in the Stonewall Magisterial District. (Note: Commissioner Kerns was absent from the meeting). 7 Frederick County Planning Commission Page 4035 Minutes of May 17, 2023 UDA Exception – Robert and Julie Owens Action – Recommend Approval 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 properties are approximately .9 acres and are located within the Stonewall Magisterial District at 1164 and 1176 Brucetown Road (Parcels 33-A160 and 33-A-161) and the zoning is RA (Rural Areas). He noted a correction to his memo and that one parcel is residential and the other is the Post Office. Mr. Pearson continued the Urban Development Area (UDA) of Frederick County includes those areas anticipated for higher intensity residential development. He noted, Frederick County established its initial UDA boundary in 1987. Mr. Pearson explained, in accordance with long held Board policy, residential land uses located outside of the UDA are not entitled to public water and sewer service. He shared a location map aerial of the properties. Mr. Pearson reported, currently the property has well and septic service for both properties. The owner has expressed concerns regarding the age of the existing septic and the likelihood of failure. The Comprehensive Plan (Northeast Frederick Land Use Plan) designates the properties future land use as Sensitive Natural Areas and as part of the Clearbrook-Brucetown Rural Community Center. It is located within the Sewer and Water Service Area (SWSA), but not the UDA. He noted, Frederick Water is capable of serving the property and is willing to work with the property owner if authorized. The Applicant has requested and exception from the UDA policy to allow for public water and sewer service to this property. Commissioner Thomas commented once the precedent is set to provide can others join. Mr. Pearson stated only property owners making a request. Commissioner Brumback asked if the properties are owned by the same person. Mr. Pearson stated that is correct and this exception would go with the properties. Commissioner Stowe asked if the existing septic is failing. Mr. Pearson commented he is not aware. Commissioner Kozel inquired who would be responsible for the cost. Mr. Pearson stated it would be the Applicant/Owner. Commissioner Orndoff commented this is a minimal thing and one exception because it is so close to the infrastructure. Commissioner Aikens stated this is an easy decision for him. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Brumback BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of UDA Exception – Robert and Julie Owens - exception to the Urban Development Area (UDA) policy restricting public water and sewer service for residential uses outside the UDA. The properties are approximately .9 acres and are located within the Stonewall Magisterial District at 1164 and 1176 Brucetown Road (Parcels 33-A160 and 33-A-161) and the zoning is RA (Rural Areas). (Note: Commissioner Kerns was absent from the meeting). ------------- INFORMATION/DISCUSSION Ordinance Amendment – Shipping Containers M. Tyler Klein, Senior Planner, reported this is a proposal to allow shipping containers (i.e., prefabricated, durable steel intermodal shipping boxes) as an accessory structure/storage only in the RA (Rural Areas) Zoning District. He continued, shipping containers would be also expressly prohibited 8 Frederick County Planning Commission Page 4036 Minutes of May 17, 2023 as an accessory structure/storage in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), and MH1 (Mobile Home Community) Zoning Districts. Containers used as storage in the RA District would also need to meet applicable setback requirements for accessory structures (or 15-feet from the side/rear property lines). He noted, this item (as presented) was previously discussed in 2018 and no consensus was reached. Mr. Klein shared the current standard for shipping containers: The Zoning Ordinance currently does not expressly permit shipping containers as accessory structures or storage; In practice, the Zoning Administrator has allowed as “accessory” to distribution, warehousing, and intermodal freight activities; Lack of codified requirements has created an enforcement challenge for Staff. He concluded, the DRRC discussed on March 23rd and April 27th and were generally supportive of proposed changes and limiting in other districts; concerns with allowing in the RA District without further restriction (limiting the number of containers permitted; specifying a minimum property acreage; requiring to be screened from view). Commissioner Aikens commented at the DRRC there was a lot of discussion, and it was recommended that they not be allowed on property less than 5 acres in the RA District. Commissioner Brannon commented she does not agree with this Ordinance Amendment. Commissioner Thomas asked if allowed in B1. Mr. Klein stated it is allowed in other districts. Commissioner Stowe asked as an accessory use is there a height limit. Mr. Klein commented it is 35 feet. Commissioner Stowe inquired if it mentions anything about what the container can look like. Mr. Klein commented that can be recommended. Chairman Jewell stated there should be some sort of screening requirement. Commissioner Thomas recommended there should be notation on stacking since they turn over easily and should be placed on a foundation. Commissioner Brannon stated she agrees with the safety issues, but it should not determine what it looks like. Commissioner Molden disagrees with this Ordinance Amendment, could be very dangerous in wind and they are an eyesore. There was no further comment. ------------- OTHER Wyatt G. Pearson, Director, reported a Sheetz car wash site plan has been approved and applications have been received for a Jordan Springs Elementary modular and Pine Creek Cabin and RV. ------------- 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 Manuel and unanimously passed. The meeting was adjourned at 8:00 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 9