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PC 09-04-24 Meeting Minutes Frederick County Planning Commission Page 4136 Minutes of September 4, 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 September 4, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee 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; Jason Aikens, Gainesboro District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Charles Markert, Red Bud District; Robert S. Molden, Opequon District. STAFF PRESENT: John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the September 4, 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 Kerns and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Kerns and seconded by Commissioner Kozel, the Planning Commission unanimously adopted the minutes from the June 5, 2024 and July 3, 2024 meetings. ------------- Frederick County Planning Commission Page 4137 Minutes of September 4, 2024 COMMITTEES Transportation Committee – Mtg. 8/26/24 John A. Bishop, Assistant Director, reported, the Committee discussed the following: The Western Frederick Land Use Plan; Revenue Sharing and Transportation Alternatives Projects, recent awards; MPO Transit Feasibility Study; Renaissance Drive supplement appropriation; and an update on County projects. Frederick Water – Mtg. 8/20/24 Commissioner Brumback reported, the Board authorized the Executive Director to execute a tower site lease with Arcola Towers. She continued, Frederick County remains in a drought watch and she shared the operations report for July. City of Winchester – Mtg. Commissioner Fox, Winchester City Planning Commission Liaison, reported Abrams Crossing Development, Zeropac project, Smalts Townhomes are all progressing along well. Board of Supervisors – Mtg. 7/10/24 and 8/14/24 Supervisor Liero, Board of Supervisors Liaison reported Golds Hill Road truck restrictions was approved; Rezoning for Snowden Bridge/Stephenson Village was postponed on July 10th and brought back on August 14th at which time it was denied; two ordinance amendments were approved; a CUP for Firehouse Lane was approved; a proffer amendment for Round Hill Crossing was approved; and a Subdivision Waiver for Darrien LLC was 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. ------------- Frederick County Planning Commission Page 4138 Minutes of September 4, 2024 PUBLIC HEARINGS Rezoning #06-24 for Fruit Hill (Equus Capital Partners, Ltd., DTS, LC, and William O. Minor) Action – Recommend Approval Commissioner McKay would abstain from all discussion on these items for a possible conflict of interest. John A. Bishop, Assistant Director, reported this is a request 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 (Rural Areas) District to B2 (General Business) District, and 20.64 +/- acres from RA (Rural Areas) District to TM (Technology Manufacturing) District with proffers. The properties are located at 384 Ruebuck Lane, 1420 Rest Church Road, and the southwest corner of the intersection of Rest Church Road and Zachary Ann Lane. The properties are identified by Property Identification Numbers 33-9-1A, 33-A-89, and 33-A-90 in the Stonewall Magisterial District. Mr. Bishop shared a location map of the property along with a zoning map. He presented the proffer highlights for this application: • Numerous use restrictions • 2,425,000 square feet of development with 300,000 square feet reserved for Data Center • Landscaped berm along Carrollton Subdivision and Ridgeway Estates • Relocation of Zachary Ann Lane • Westbound left turn lane on Rest Church and Fruit Hill Road • Additional right-of-way, cul de sac installation, paving, and development traffic prohibition on Ruebuck Lane • Route 11 intersection with Rest Church improvements within 6 months of VDOT plan approval • No entrances onto property other than Fruit Hill Road • Dedication of 104’ right-of-way and construction of 2 lanes with required turn lanes of Fruit Hill Road through the limits of the property generally as shown on the GDP • Pro-rata share should a signal at Rest Church and Fruit Hill Road become warranted. Pro-rata share calculation not to include through trips on Rest Church Road • Any lighting within 50’ of any property line shall be oriented perpendicular to and faced away from that property line • $150.00 per 1,000 square feet of development to fire and rescue Mr. Bishop shared a visual of the GDP for site development and transportation plans. He noted this application does not conform with the Board of Supervisor’s 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. Bishop explained this item (previously rezoning 10-22) was heard by the Planning Commission and a public hearing held on 4/19/23. At that time the Planning Commission noted their areas of concern which primarily dealt with traffic and particularly the intersection of Route 11 and Rest Church Road. The applicant noted their willingness to adjust the proffers, and the rezoning was postponed until the 5/17/23 meeting. This item was then reviewed again with updated proffers and the Planning Commission unanimously recommended approval with a note that the Board direct staff to address the remaining elements of the TIA that were unaddressed. The item was subsequently not heard by the Board of Frederick County Planning Commission Page 4139 Minutes of September 4, 2024 Supervisors due to being withdrawn by the applicant and has now been refiled with minor changes to the form that the Planning Commission was presented on 5/17/23. The Planning Commission members sought clarification on vested rights for a potential data center, trip generation in the M1 portion of the rezoning and how additional trips beyond those studied in the TIA were addressed in the proffers, and the pro rata share calculations for the potential signal at the intersection of Rest Church Road and future Fruit Hill Road. Mr. John Foote, representing the Applicant came forward and share brief comments pertaining to the changes made to this application and the proffers. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Citizens (Charles Gilbert, Joan Kibler, and James Smith) spoke against this application siting: traffic concerns, land remaining agriculture, and the lack of support for a data center. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner DeHaven and seconded by Commissioner Aikens BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Rezoning #06-24 for Fruit Hill (Equus Capital Partners, Ltd., DTS, LC, and William O. Minor). Yes: Brannon, Brumback, Sneddon, Stowe, Thomas, Kozel, DeHaven, Aikens, Triplett No: Kerns Abstain: McKay (Note: Commissioner Markert and Commissioner Molden were absent from the meeting) Rezoning #07-24 for William and Barbara Houndershell Action – Tabled for 90 days Kayla Peloquin, Planner I, reported this is a request to rezone 5+/- acres from M1 (Light Industrial) District to the RA (Rural Areas) District with no proffers. The property is located at 8183 Valley Pike in the Back Creek Magisterial District. She shared a zoning map of the property. Mrs. Peloquin continued; the property was rezoned from A2 (Agricultural General) to M1 (Industrial Limited) in 1975 with no proffers; the M1 Zoning District was later renamed “Light Industrial”. The structure, which has been well preserved and is currently used as a residence, was constructed in 1883 and is listed on the VA Landmarks Register and the National Register of Historic Places. She noted, the Comprehensive Plan designates this property and the surrounding area to remain rural and states that historic preservation is a preferred use for the County’s rural areas. She commented, the proposed rezoning is in conformance with the Comprehensive Plan. The Planning Commission members inquired what the impacts would be on the property directly to the south of the subject property; Mrs. Peloquin responded that the zoning and permitted uses of the adjoining property would remain the same. Should the rezoning be approved and should the property to the south submit a new site plan, a Category C buffer would be required in accordance with §165- 203.02(D)(7) that allows for a common shared buffer and screening easement to be recorded with the consent of both landowners. Planning Commission members asked for clarification on what the impacts of this rezoning would be on the adjoining parcel to the north that is within the Town of Middletown. Mrs. Frederick County Planning Commission Page 4140 Minutes of September 4, 2024 Peloquin noted that the County has no decision-making authority for the Middletown property and will look into their ordinance to determine the potential impacts. Mrs. Barbara Houndershell, the Applicant came forward and shared the history of the property in detail. She stated she would like to preserve the entire property. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. John Goode, owner of the property to the south commented he feels this will negatively impact his property by reverting to RA (Rural Areas) and he does not think the rezoning is warranted for this particular property and area. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. A discussion was held by the Commission Members on the Comprehensive Plan for this area that designates the area to remain rural, despite the several existing industrial uses in the vicinity. This area of the County has likely not been studied in depth and Staff should consider this when undertaking the full Comprehensive Plan update in the coming years. The Planning Commission directed Staff to work with the Applicant and the adjoining property owner to facilitate an agreement regarding the shared buffer. Upon a motion made by Commissioner McKay and seconded by Commissioner Brumback to table this rezoning for a period of 90 days BE IT RESOLVED, the Frederick County Planning Commission does recommend to table for 90 days Rezoning #07-24 for William and Barbara Houndershell. Yes: Brannon, Brumback, McKay, Sneddon, Stowe, Thomas, Kozel, Kerns, Triplett No: DeHaven, Aikens (Note: Commissioner Markert and Commissioner Molden were absent from the meeting) Rezoning #08-24 for D&M Container Service (Jimmy Johnson) Action – Tabled to October 2, 2024 M. Tyler Klein, Senior Planner, reported this is a request to rezone 13+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers for the purpose of establishing a container service facility. He presented a zoning map and a long range land use map of the property. Mr. Klein continued, the Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED) provide guidance on the future development of the subject property. The Plan identifies the subject properties with an industrial land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). Further, the SOFRED plan identifies the subject properties within the “Route 277 Triangle Centers of Economy planning area. Mr. Klein reported, the proposed rezoning proposes a use (container service facility) typically associated with the industrial land use designation in the Comprehensive Plan. However, the proposed rezoning application materials do not specifically address how the use supports the County’s targeted industries or the area plan’s vision for a mix of flexible uses. He noted thus the application is not fully compatible with the Comprehensive Plan policies. Mr. Klein explained, the Plan also identifies transportation improvements in the vicinity of the subject properties. Fairfax Pike (Route 277) is identified as an improved minor arterial roadway; right-of-way will be required along the subject properties frontage Frederick County Planning Commission Page 4141 Minutes of September 4, 2024 to accommodate this future condition as well as any warranted turn lanes (subject to VDOT approval). Further, the Plan identifies a multi-use trail along the frontage. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ben Ridings spoke in support of the proposed rezoning. No one else came forward to speak and Chairman Stowe closed the public comment portion of the public hearing. The primary discussion among the Planning Commission was the potential impacts of the rezoning that as proposed may allow for any allowed M1 Zoning District use, some of which may have an impact on adjoining properties. Also discussed were the hours of operation, truck repairs, and buffers. Upon a motion made by Commissioner Sneddon and seconded by Commissioner Thomas to table the rezoning to the first Planning Commission meeting in October to work on mitigating impacts. BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend tabling Rezoning #08-24 for D&M Container Service (Jimmy Johnson) to the first Planning Commission meeting in October, 2024. (Note: Commissioner Markert and Commissioner Molden were absent from the meeting) Conditional Use Permit #04-24 for Marlboro Springs LLC (Samuel Smith) Action – Recommend Approval Commissioner McKay would abstain from all discussion on these items for a possible conflict of interest. Kayla Peloquin, Planner I, reported this is a proposal for a special event facility on 102.69+/- acres located at 1147 N. Pifer Road, in the Back Creek Magisterial District. She shared a zoning map of the property and surrounding area. The Applicant is proposing the following: • Use the existing barn for special events • Hours of operation Sunday – Thursday 8:00 a.m. to 9:00 p.m.; Fridays, Saturdays, and Holidays 8:00 a.m. to 10:00 p.m. (one hour afterwards for clean-up) • No more than 250 guests • Add two pavilions to the property for future use Mrs. Peloquin explained, the proposed use meets the definition of a special event facility contained in §165-101.02. She noted, §165-204.30 includes Additional Regulations for Specific Uses for special event facilities that will be addressed through the sketch plan, most notably that parking spaces and travel aisles must be graveled. The proposed use is consistent with the Comprehensive Plan, which designates this area to remain rural and supports historic preservation, tourism, and local businesses. Mrs. Peloquin shared the conditions for this application as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Events shall begin no earlier than 8:00 a.m. on any day. Outdoor music shall end by 9:00 p.m. Sunday through Thursday and by 10:00 p.m. on Fridays, Saturdays, and Holidays. One (1) hour after the music ends will be allowed for clean-up and for guests and vendors to exit the property. Frederick County Planning Commission Page 4142 Minutes of September 4, 2024 3. No more than 250 guests on the property at any one time. 4. An illustrative sketch plan, addressing the additional regulations for special event facilities contained in §165-204.30 shall be approved by Frederick County, and the improvements shown on the plan shall be completed prior to the establishment of the use. 5. Any expansion or change of use shall require a new Conditional Use Permit. Sam Smith, the applicant came forward and shared a brief vision of his proposal. He stated his intent is to maintain the farm first then have events when able. He noted the commercial entrance was permitted through VDOT and has already been installed; and no buffer trees have been plated to date. The Planning Commission members asked about the size of the pavilions, which would be relatively small and more resembling of a picnic shelter. The applicant is prepared to use gravel or another hard surface for roughly 85 parking spaces and the barn can comfortably accommodate around 150-160 people. When asked about the restrooms, the applicant stated they will bring in portable restroom facilities for events and potentially upgrade the drain field in the future to support additional bathrooms. The applicant stated the DJs typically set up their equipment on the patio right outside of the barn and occasionally set up inside the barn. The applicant has a decibel meter and has used it before to determine sound levels at property lines. The Planning Commissioners discussed the benefits of the proposal on other local businesses in the County as well as the ability for the property to remain intact and used for agriculture rather than being subdivided. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Debbie Heltzel, Louise Garrett, and Pete Pitcock came forward and expressed their support of this application. Dave and Ann Prestipino spoke is opposition of the item. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #04-24 for Marlboro Springs LLC (Samuel Smith). (Note: Commissioner Markert and Commissioner Molden were absent from the meeting) Draft Update of the 2024-2025 Frederick County Primary Road Improvement Plan Action – Recommend Approval John A. Bishop, Assistant Director, reported the Primary Road Improvement Plan establishes for improvements to the Primary Road network within Frederick County. The Primary Plan has significant modifications to Route 37 and Route 50 with priorities reflective of recent studies on those facilities. He explained, phases of Route 37 have been updated to reflect results of the Eastern Frederick County Transportation Study (EFCTS) and the addition of Route 50 projects consistent with the County’s current round of SmartScale applications and the Route 50 West Pipeline and STARS studies. Mr. Bishop concluded, the Transportation Committee reviewed this item on June 24, 2024 and recommended approval. Planning Commissioners inquired on item 6C and the movement down on the priority list. Frederick County Planning Commission Page 4143 Minutes of September 4, 2024 Chairman Stowe 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 Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Draft Update of the 2024-2025 Frederick County Primary Road Improvement Plan. Yes: Triplett, Stowe, Sneddon, Brumback, Aikens, Brannon, Kerns, Kozel, McKay, Thomas No: DeHaven (Note: Commissioner Markert and Commissioner Molden were absent from the meeting) ------------- OTHER Mr. Bishop shared an update on current Planning Department applications that are being handled administratively and those that will be coming before the Planning Commission in the near future. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Triplett to adjourn the meeting. This motion was seconded by Commissioner Kerns and unanimously passed. The meeting was adjourned at 9:40 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary