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PC 07-03-24 Meeting Minutes Frederick County Planning Commission Page 4131 Minutes of July 3, 2024 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 July 3, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Charles Markert, Red Bud District; Robert S. Molden, Opequon District; Kevin Sneddon, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Charles E. Triplett, Gainesboro District; Mollie Brannon, Member at Large; Roderick B. Williams, County Attorney. ABSENT: Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the July 3, 2024 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon a motion made by Commissioner Markert and seconded by Commissioner McKay, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner DeHaven, the Planning Commission unanimously adopted the minutes from the May 15, 2024 meeting. ------------- Frederick County Planning Commission Page 4132 Minutes of July 3, 2024 COMMITTEES Transportation Committee – Mtg. 6/24/24 Chairman Stowe reported, the Committee discussed the Primary Road Plan update and the Gainesboro Road intersection with Route 522 project. Historical Resources Advisory Board – Mtg. 6/21/24 Commissioner Molden reported, the Board discussed the CPPA’s for Love Church, Appleland Properties, and Pine Hill. The Board heard an update on the Western Frederick Land Use Plan. Frederick Water – Mtg. 6/18/24 Commissioner Brumback reported, the DEQ has issued a drought warning for the area and they are asking citizens to voluntarily conserve water. City of Winchester – Mtg. 6/18/24 Commissioner Bloom, Winchester City Planning Commission Liaison, reported the Commission held a celebration on the retirement of Tim Youmans. Board of Supervisors Chairman Stowe reported on behalf of Supervisor Liero, the Board of Supervisors directed a public hearing be held on Gold Hill truck restriction, a rezoning for CStore (WaWa) was denied, a waiver for O-N Minerals was approved, and the Interstate and Secondary Road Plans were approved. ------------- CITIZEN COMMENTS Chairman Stowe 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 Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARINGS Conditional Use Permit #03-24 for 172 Fire House, LLC and Barbara Singhas Action – Recommend Approval Frederick County Planning Commission Page 4133 Minutes of July 3, 2024 Wyatt G. Pearson, Director, reported this is a request for a Conditional Use Permit (CUP) for a landscape contracting business located at 171 Old Firehouse Lane, Winchester in the Back Creek Magisterial District. Mr. Pearson presented a zoning map of the property. Current Operations: • Landscape contracting business with approximately 30 employees (many employees carpool) • Hours of operation are 6:00 a.m. – 6:00 p.m. • No customer visits to the property • Existing shop and bathroom on the property are for employees and storage • Existing residence is vacant Future Expansion: • Maximum of 75-100 employees (may vary seasonally; existing parking area can comfortably accommodate 30 vehicles) • Use existing residence as an office with 2 full-time employees and 5 employees to use the office occasionally • Infrequent customer visits to the property between 8:00 a.m. – 5:00 p.m. • No plans to use the property as a retail location • Additional 40’x60’ building for storage Mr. Pearson displayed an aerial photo of the property. He continued, a landscape contracting business is allowed in the RA Zoning District with an approved CUP. There are no additional regulations for this use. The site plan will address ordinance requirements for the screening and surface materials for outdoor storage. Mr. Pearson noted, the property is located within the Round Hill Rural Community Center. The proposed use is generally consistent with the Comprehensive Plan, which encourages appropriate mixes of residential, commercial, and business uses with the Rural Community Centers. He shared the conditions for the CUP as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation for the site shall be limited to 6:00 a.m. to 6:00 p.m. daily. Customer visits shall be limited to 8:00 a.m. to 5:00 p.m. daily. 3. No more than 30 employee vehicles on the property at any one time. 4. A site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. 5. Any expansion of change of use shall require a new Conditional Use Permit. The Planning Commission discussed other options to the hours of operation with seasonal variation as proposed by the Applicant, such as from dawn to dusk or sunrise to sunset, to not limit the business and allow for more flexibility for emergency situations. Mr. Pearson stated the hours of operation are intended to make sure there are some boundaries to the CUP as the business operates in a primarily residential area. Members discussed the requirements for screening; Mr. Pearson clarified that any outdoor storage of materials or equipment would be required to be screened per the Zoning Ordinance and depicted on the site plan. Frederick County Planning Commission Page 4134 Minutes of July 3, 2024 The Planning Commission had discussion on the VDOT comment requiring a turn lane warrant analysis be done by the Applicant. Mr. Pearson explained that since the time of that comment, VDOT has completed the turn lane warrant analysis and determined that a turn lane from Round Hill Road onto Old Firehouse Lane is not warranted at this time. Mr. Sproul, representing the Applicants, shared the history of the property and the business as it relates to the zoning violation. Mr. Sproul requested a few changes to the conditions as proposed. The hours of operation were initially requested from 6:00 a.m. – 6:00 p.m., but dawn to dusk would better account for seasonal variation along with language to allow for work outside of those hours for work in inclement weather, such as snow removal and storm remediation. Mr. Sproul requested the limit of 30 employee vehicles be changes to 60, as there is currently room to accommodate 30-40 vehicles, and the new cap would allow room for expansion. Lastly, Mr. Sproul asked the site plan requirement be changed to an illustrative sketch plan, which would still provide details for the Zoning Ordinance requirements for screening and surface materials for parking and outdoor storage. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Rocky Keplinger commented he is an adjoining landowner in support of the application as long as fencing and evergreen trees are installed as a buffer. He stated that traffic has not been an issue. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Mr. Pearson concluded, if the employee vehicle cap is significantly increased, that would be handled at the site plan stage as VDOT would have an opportunity to comment at that time. The screening requirements can only be enforced through a site plan, unless a specific condition on screening is added to that effect to the CUP. Upon a motion made by Commissioner Brumback and seconded by Commissioner McKay with the understanding that Staff work with the Applicant on the business hours and parking of vehicles BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #03-24 for 172 Fire House, LLC and Barbara Singhas. (Note: Commissioner Kozel and Commissioner Aikens were absent from the meeting) ------------- ACTION ITEM Rezoning #05-24 for Silver Lake, LLC (Round Hill Crossing) Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a request for a minor amendment to the approved proffer statement associated with REZ #01-09 (Silver Lake) to provide for a monetary contribution to Frederick County in lieu of the design and construction of Phase 1 and Phase 2 improvements to the US Route 50 and Virginia Route 37 interchange. This amendment has been coordinated with Frederick County and VDOT Staff in support of the County’s SmartScale application for Frederick County Planning Commission Page 4135 Minutes of July 3, 2024 interchange upgrades on the Route 37/US 50 interchange. He noted this minor proffer amendment does not require a public hearing. Upon a motion made by Commissioner Triplett and seconded by Commissioner DeHaven BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #05-24 for Silver Lake, LLC (Round Hill Crossing). (Note: Commissioner Kozel and Commissioner Aikens were absent from the meeting) ------------- PUBLIC MEETING Subdivision Waiver #03-24 for Darien, LLC Mark R. Cheran, Zoning & Subdivision Administrator, reported the owners of the property are requesting a waiver regarding Section 144-17.L and 144-18.A of the Frederick County Code. The property is located on Lauck Drive within the Lauck Lots subdivision and is in the RP (Residential Performance) Zoning District. He continued, this subdivision was created in 1982 via deeds and plats. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property as being zoned R1 (Residential Limited) in 1967. He noted, Frederick County amended its Ordinance in 1989 to change the R1 Zoning District to the RP (Residential Performance) Zoning District. Mr. Cheran explained, the County Code requires any subdivision within the RP Zoning District to have an approved Master Development Plan (MDP) to subdivide property. This subdivision does not have any approved MDP on record. However, the Code requires any subdivision located in the RP Zoning District to have curb and gutter (Section 144.17 L, Streets), Sidewalks, and Pedestrian Walkways (Section 144-18.A, Sidewalks and Pedestrian Walkways). The applicant is requesting a waiver from these sections of the County Code. A motion was made by Commissioner DeHaven and seconded by Commissioner McKay and passed unanimously to send this item to the Board of Supervisors for approval. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Markert to adjourn the meeting. This motion was seconded by Commissioner Kerns and unanimously passed. The meeting was adjourned at 8:00 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary