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PC 08-16-23 Meeting Minutes Frederick County Planning Commission Page 4048 Minutes of August 16, 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 August 16, 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; Charles Markert, Red Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Mollie Brannon, Back Creek District; Elizabeth D. Kozel, Shawnee District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Amy Feltner, Planner I; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the August 16, 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 Kerns and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the agenda for this evening’s meeting with the removal of Item 6.A. (CUP #06-23) and Item 6.B. (CUP #07-23). MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Orndoff, the Planning Commission unanimously adopted the minutes from the May 17, 2023 meeting. ------------- Frederick County Planning Commission Page 4049 Minutes of August 16, 2023 COMMITTEES Frederick Water – Mtg. 08/15/23 Chairman Jewell reported the Board authorized Chairman Oates to execute an agreement with Madison Village pertaining to the timing of payment of the availability fees for the project’s Phase 3 and to execute and agreement with Carmeuse which will facilitate the construction, long-term maintenance, and shared costs of a raw water pump station and pipeline that will convey raw water from pits 1 and 2 and the Whetzel and Plant site wells to the new East pit. He shared the operations report for July. City of Winchester – Mtg. 08/15/23 Commissioner Dick, Winchester City Planning Commission Liaison, reported the Commission discussed and approved and rezoning on York Avenue. ------------ 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 Rezoning #02-23 for Global Headquarters, LLC (Bowman Trucking) submitted to rezone +/- 1.86- acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/- 0.29-acres from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres. The property is located at 436 Fairfax Pike, Stephens City, Virginia and is identified by Property Identification Number (PIN) 86-A-82 in the Opequon Magisterial District. Action – Recommend Approval John A. Bishop, Assistant Director reported, this is a request to rezone +/- 1.86-acres from M2 (Industrial General) District to B2 (General Business) District with proffers and +/- 0.29-acres from B2 (General Business) District to B2 (General Business) District with proffers. The property is located just east of Double Church Road intersection on the south side of Route 277 (Fairfax Pike) and next door to the Dollar Tree. He share a location map of the property and a zoning map. Mr. Bishop shared the proffers for this application; restrict direct access to Fairfax Pike and will gain access to the property from an inter-parcel connection; Dedication of additional right-of-way along Route 277 as necessary to construct road frontage improvements for the full access entrance to parcel Frederick County Planning Commission Page 4050 Minutes of August 16, 2023 86-A-81; and $.10 per square foot for fire and rescue purposes. He presented a GDP provided by the Applicant. Mr. Bishop concluded; agency comments appear to have been addressed with the exception of where Staff has noted the need for greater clarity in the proffers related to future Route 277 widening needs. Commissioner Orndorff commented on Google Maps it shows a structure on the property. Mr. Bishop stated that has since been demolished. David Frank of Pennoni Associates, representing the Applicant came forward to address any questions. Commissioner Stowe commented in the impact study it mentions sewer conveyance and water supply, and what is being proposed is not going to increase the demand for services per the study, yet Frederick Water is asking for a pump station to be rebuilt. Mr. Frank explained this rezoning application was originally intended to be submitted about two years ago and there are a lot of improvements going on with the development right now on the parcels to the East of this property known as Fairfax Downs. He continued, the commercial and residential going on with that project requires the upgrade of the existing facilities located at Sherando High School; Frederick Water ’s comments are stating until that pump station is upgraded and all that is in place, then this can move forward with the development. Commissioner Thomas asked if the Applicant agrees with the proposal of changing the language in the proffers per the conversation with Mr. Bishop regarding the widening of Route 277. Mr. Frank stated yes, they will clarify the GDP and the proffers to be m ore specific; a 60 ft right-of-way from the center line of the existing route 277 will be implemented. Commissioner Kerns asked if this is the final piece of the puzzle for the Sherando Town Center. Mr. Frank commented that this is the last piece of the puzzle owned by Global Headquarters. Commissioner Triplett asked if this affects any of the nearby houses. Mr. Frank responded no, the property and surrounding area is vacant land at this time. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ronald Allen, who lives directly across the road from the property is concerned with the widening of Route 277; he asked if this would affect the houses along there or on the north side. Mr. Frank explained the road improvements that are happening right now are all taking place on the east bound side and south side of the center line. Mr. Bishop shared; the widening of Route 277 is part of the Comprehensive Plan; it cannot be guaranteed not to affect the properties however this Application will not affect those houses. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Upon a motion made by Commissioner Thomas and seconded by Commissioner Stowe BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #02-23 for Global Headquarters, LLC (Bowman Trucking) submitted to rezone +/- 1.86-acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/- 0.29- acres from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres. The property is located at 436 Fairfax Pike, Stephens City, Virginia and is identified by Property Identification Number (PIN) 86-A-82 in the Opequon Magisterial District. (Note: Commissioner Brannon and Commissioner Kozel were absent from the meeting). Frederick County Planning Commission Page 4051 Minutes of August 16, 2023 Conditional Use Permit #04-23 for Lee Ebert, LLC (Lee Ebert) submitted to construct a tractor truck and tractor truck trailer parking facility. The property is located at 230 Ebert Road, Winchester, Virginia and is identified with Property Identification Number (PIN) 44-A-6A in the Stonewall Magisterial District. Action – Recommend Approval Amy Feltner, Planner I, reported this is a request for a Conditional Use Permit for a tractor truck and trailer truck parking; the subject property is located on Ebert Road in the Stonewall Magisterial District. She shared a location map or the property. Mrs. Feltner continued, tractor truck and trailer truck parting is only permitted as a Conditional Use in the M2 District; the property is zoned M2 (General Industrial) District and the currently land use is vacant. She noted, the surrounding properties are zoned M2 and utilized for industrial purposes. She shared the Supplementary Use Regulations §165-204.24: A. All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface. B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel, or the like is not distributed onto roadways. C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be parked or stores on the site. D. Fuels sales shall not be permitted. E. Maintenance of trucks and trailers shall not be permitted. F. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet on center. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of 4 feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. G. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. Mrs. Feltner concluded, should the Planning Commissioner find this use appropriate, Staff would recommend the following conditions to be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be submitted and approved by Frederick County prior to the establishment of this use on these properties. 3. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section §165-204.24 Tractor Truck and Tractor Truck Trailer Parking. 4. Any expansion or change of use will require a new CUP. Commissioner Stowe asked if this was based off a complaint or voluntary. Mrs. Feltner stated it is an active violation and this is a chance for the Applicant to come into compliance. Commissioner Brumback asked if this is currently being used for trailer truck parking. Mrs. Feltner responded it is currently vacant and this CUP will allow the Applicant to come into compliance. Commissioner Orndorff requested clarification on the property being vacant. Mrs. Feltner stated there are not any structures on the property at this time. Frederick County Planning Commission Page 4052 Minutes of August 16, 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 Kerns and seconded by Commissioner Orndorff BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #04-23 for Lee Ebert, LLC (Lee Ebert) submitted to construct a tractor truck and tractor truck trailer parking facility. The property is located at 230 Ebert Road, Winchester, Virginia and is identified with Property Identification Number (PIN) 44-A-6A in the Stonewall Magisterial District. (Note: Commissioner Brannon and Commissioner Kozel were absent from the meeting). ------------- OTHER Wyatt G. Pearson, Director, reported at the next Transportation Committee meeting there will be a presentation on Smart-Scale process, and he urged everyone to attend. He concluded, the department has received a site plan for HP Hood 25,000 SF expansion and have received an application for a WaWa convenience store at Prince Frederick and Route 50. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndorff to adjourn the meeting. This motion was seconded by Commissioner Kerns and unanimously passed. The meeting was adjourned at 7:25 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary