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Frederick County Planning Commission Page 4157
Minutes of December 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 December 4, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Elizabeth D. Kozel, Shawnee 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; Austin Cano, Acting County Attorney.
ABSENT: Jason Aikens, Gainesboro District; Charles Markert, Red Bud District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator.
CALL TO ORDER
Chairman Stowe called the December 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 Thomas and seconded by Commissioner Molden,
the Planning Commission unanimously adopted the agenda for this evening’s meeting with the removal of
no meeting minutes.
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Minutes of December 4, 2024
COMMITTEES
Comprehensive Plans and Programs Committee – 11/18/24
Commissioner DeHaven reported the committee discussed CPPA #01-24 Appleland
Properties and recommended the item be sent forward to the Planning Commission.
Frederick Water – 11/19/24
Commissioner Brumback reported, a presentation of Fiscal Year 2024 Financial Reports
by the accounting firm of Brown Edwards was presented to the Board.
Transportation Committee – 11/25/24
Chairman Stowe reported, the committee received an update on the Eastern Frederick
County Transportation Study, a Capital Improvement Plan update. Also discussed was the VDOT Road
Maintenance Prioritization process, the MPO study consisting of Exit 321-323 Transportation study, and a
potential pilot program for increased truck weights on interstates.
City of Winchester – 11/19/24
Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the
Commission held public hearings on the following: Conditional Use Permit at 506 W. Leicester Street; a
Rezoning of 0.32 acres at 341 and 345 North Pleasant Valley Road, and an Ordinance Amendment to the
Neighborhood Design District.
Board of Supervisors – 11/13/24
Commissioner Thomas reported on behalf of Supervisor Liero, the Board of Supervisors
approved a Conditional Use Permit for Robert Molden, a Conditional Use Permit for Wolfe Lynn Ramey
Trust, and a Rezoning for D&M Container Service.
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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.
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Minutes of December 4, 2024
PUBLIC HEARING
Rezoning #09-24 for Middletown, LLC (B. Hester Trustee and W. Hester Trust)
Action – Recommend postponing for 90 days
M. Tyler Klein, Senior Planner, reported this application is submitted to rezone
approximately 101.25+/- acres from the RA (Rural Areas) Zoning District to the TM (Technology
Manufacturing) Zoning District with proffers. The property is on the east side of Valley Pike (Route 11)
and approximately 3,000 feet north of the Town of Middletown corporate limits and is identified by
Property Identification Number 84-A-78 in the Back Creek Magisterial District. He noted, 70.85+/- acres
will be designated for industrial use and 10+/- acres will be designated for public use. He presented a
zoning map of the property. Mr. Klein continued, the Comprehensive Plan and the Middletown/Lord
Fairfax Sewer and Water Service Area provide guidance on the future development of the subject property.
The Plan identifies the subject properties with a mixed-use industrial/office land use designation and as
being within the limits of the Sewer and Water Service Area (SWSA). Chapter 4 – Business Development,
further states: “The value of office and industrial business development to Frederick County is
immeasurable. As part of the County’s economic development effort, office and industrial growth is a key
component for ensuring a broad selection of employment opportunities for its citizens.” The rezoning
proposes implementation of the Technology-Manufacturing (TM) Park Zoning District which is consistent
with the Plan identified mixed-use industrial/office future land use designation.
Mr. Klein reported, vehicular access to the industrial use development area is limited to a
maximum of two (2) commercial entrances from Valley Pike (Route 11), subject to VDOT approval.
Industrial vehicle access from mustang Lane (primary access road to Middletown Elementary School) is
prohibited. The Traffic Impact Analysis (TIA dated July 27, 2022) notes: with the addition of site-
generated traffic, acceptable levels-of-service at the I-81 northbound ramp/Reliance Road and the Valley
Pike (Route 11)/Reliance Road intersections would continue to be maintained assuming the installation of
traffic signals. He continued, the application proposes a monetary contribution for their proportional share
of future regional transportation improvements involving the above identified ramp intersections, which
may include signalization, turn lane installation, etc. The proffer statement also included a 10-foot wide
asphalt trail along Valley Pike along the property frontage.
Mr. Klein shared the proffer statement (November 25, 2024), a Generalized Development
Plan (GDP) provided by the Applicant, and a long range land use map. He concluded, a work session was
held on November 20, 2024 to discuss this application. Three (3) issues were identified for the Applicant
to address prior to this public hearing: the cost of signalization for the ramp intersections of I-81 and
Reliance Road, dedication of Mustang Lane as public right-of-way that could be accepted into the state
system, and prohibiting TM Park District uses that could have a negative impact on adjoining properties.
Planning Commissioners shared their concerns with safety at this location and Mustang
Lane which leads to Middletown Elementary School. Also discussed by the Planning Commissioners is
the allowable uses that could cause an explosion in the area. Chris Mohn of Greenway Engineering and
representing the Applicant came forward and share a presentation and photos of the property. He addressed
the concerns brought forward by the Planning Commissioners.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. There were six citizens that came forward and voiced their concerns with the
traffic the application will generate and safety issues with the proposal being located so close to the
elementary school. No one else came forward to speak and Chairman Stowe closed the public comment
portion of the hearing.
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Minutes of December 4, 2024
Upon Motion made by Commissioner Brumback and seconded by Commissioner McKay
to recommend a postponement of 90 days
BE IT RESOLVED; the Frederick County Planning Commission does unanimously recommend
postponement for 90 days of Rezoning #09-24 for Middletown, LLC (B. Hester Trustee and W. Hester
Trust).
(Note: Commissioner Markert and Commissioner Aikens were absent from the meeting)
Ordinance Amendment to the Frederick County Code - Special Event Facility
Action – Recommend Approval
Amy L. Feltner, Planner I, reported this is a proposal to modify the surface material of the
required parking areas associated with a special event facility. The amendment would remove the
requirement that all parking and travel aisles for special event facilities be gravel. She noted, the proposed
amendments to the ordinance were initiated by Staff at the request of the Board of Supervisors. Mrs. Feltner
continued, the intent for this modification is to permit the dual use of pasture and meadows for parking for
the events without requiring the property owner to gravel such surfaces that are infrequently used for
parking. All other approved businesses or business activity operated on the property that are not directly
the special event use shall meet the requirements for off-street parking and parking lots.
Mrs. Feltner share a history of this amendment. The Development Review and Regulations
Committee (DRRC) discussed the item on October 24, 2024. The Committee noted concern that driveways
and travel ways would also be permitted to be of any material. Clarification is needed to require driveways
and all travel ways leading to and accessing the parking area to have a minimum gravel surface. These
changes were incorporated into the proposed amendment. She noted, the intent is to require a gravel, or
equivalent surface, for travel ways leading to, but not within the designated parking areas.
A Planning Commission member raised concern about requiring the parking area to require
anything material for the parking area that would be detrimental to the pasture or meadow areas. It was
discussed that this amendment would be less restrictive on what is currently required for Special Event
Facilities in the Rural Area (RA) with the approved Conditional Use Permit (CUP).
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 Thomas and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the
Ordinance Amendment to the Frederick County Code – Special Event Facility.
Yes: Brumback, McKay, Sneddon, Molden, Stowe, Thomas, Kozel, Kerns, DeHaven, Triplett
No: Brannon
(Note: Commissioner Markert and Commissioner Aikens were absent from the meeting)
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Minutes of December 4, 2024
Comprehensive Plan Amendment – Western Frederick Land Use Plan
Action – Recommend Approval
M. Tyler Klein, Senior Planner, began, the Western Frederick study area of the County is
envisioned to provide a planned transition from the urban and suburban nature of the City of Winchester
and the rural areas west of Route 37. The study (planning) area encompasses approximately +/-6,229-acres
of the County generally west of the City of Winchester, including areas east and west of Route 37, north
and south of Route 522 (North Frederick Pike), north and south of Route 50 (Northwestern Turnpike), and
north from Cedar Creek Grade (Route 622). The western most sections of the study area extend along Route
50 to Poorhouse Road (Route 654) and just east of Wardensville Grade (Route 608). Properties included in
the study area are also within the Stonewall, Gainesboro, and Back Creek Magisterial Districts. The
Western Frederick Land Use Plan incorporates three previously studied planning areas: Round Hill
Community (last updated 2010), Western Jubal Early (2006), Route 37 West (1997) and includes the area
between the City of Winchester and Route 37 and north/south of Route 522 known as “Sunnyside” (area
not previously studied). The project has been on-going since the Spring of 2023. During that time, staff
have conducted field surveying and undertaken extensive outreach and community engagement to discuss
the study area and future planned land uses with the public. This included interviews with landowners and
key stakeholders (VDOT, Frederick Water, Shenandoah Valley Battlefields Foundation (SVBF), FCPS,
Parks and Recreation); two (2) online preference surveys (January/February 2024 and July/August 2024),
fourteen (14) town hall meetings with various organizations and communities (January/February 2024),
and two (2) community meetings (August 2024). During that time staff collected more than 300 survey
responses and connected in person with more than 400 members of the community. The common theme
expressed in public outreach is concern with the timing, pace and location of future growth in this area of
the County and a stated desire to keep areas not already planned for development primarily rural. The draft
plan, particularly the recommendation for future development patterns, reflects to the extent possible public
feedback received and planning best practices.
Summary of Proposed Changes
Included with this summary memo is the draft plan, and draft maps (both revised September 2024). Key
map and text changes are summarized by each planning sub-area below:
Sunnyside
A change in land use designation from primarily planned “residential” and “business” to a mix of “urban
center and residential.” Text was included that outlines guiding policies for future urban center
development, the integration of existing residential neighborhoods with a future “urban center,” and
redevelopment/infill development policies. Connectivity, particularly pedestrian connectivity between
residential and commercial areas, is also outlined in plan policies.
Albin (formerly Route 37 West)
The map and plan policies further define boundaries of Albin Rural Community Center (RCC). This aligns
with broader Comprehensive Plan policies to designate rural growth within the RCC. Significant areas of
“recreation” land use are delineated on the map, encompassing core battlefield and historic properties. Plan
policies supporting this land use designation are also provided. This area continues to be primarily “rural.”
Round Hill
An expansion of sewer and water service area (SWSA) is proposed to conform to boundaries of Round Hill
Rural Community Center. This reflects broader Comprehensive Plan policies to establish public utility
systems, where feasible, around the designated rural community centers. Accompanying this SWSA
expansion. Plan policies have been included for future development within designated rural community
center to better conform to adopted Comprehensive Plan for limiting new commercial and residential
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Minutes of December 4, 2024
development with the rural community centers. Minor revisions to planned roadways were made north of
Route 50 to conform to proffered improvements associated with planned developments. Ward Ave (Route
1317) is proposed as a newly designated future “improved minor collector roadway” to expand planned
future secondary circulation south of Route 50 in areas designated for future “business” uses. Plan policies
to address road improvements associated with Route 50 STARS study. There were no changes to future
land use designations for this area of the county.
Mr. Klein noted, a previous version of the plan proposed changes to the future land use
designation for Rock Harbor Golf Course properties. As a result of public feedback, including a separate
in-person meeting with residents of the Roscommon community, the future land use designation was left
unaltered from what is currently envisioned (“commercial recreation”).
Western Jubal Early
The plan proposes a change in land use designation from primarily “residential” with limited areas of
“business” to “planned unit development (PUD).” Plan text was included with guiding policies for the
future PUD including providing for a mix of housing types, where neighborhood scale commercial uses
would be appropriate, desired high-quality architecture and site design, guidance for walkable
neighborhoods, the preservation of the Abrams Creek Wetlands, and interconnection with the Willow Run
community. Transportation improvements in the Western Jubal Early sub-planning area include affirming
the County’s planned improvement of a new Route 37 interchange with Merrimans Lane, a future east/west
collector from the City of Winchester boundary (West Jubal Early extended) to the proposed new
interchange, and a new north/south collector roadway from Merrimans Lane south to a planned intersection
with Cedar Creek Grade.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Two citizens spoke regarding the proposed area plan update: one speaker was in
support and one speaker had no opinion on the matter. 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 Triplett
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the Comprehensive Plan Amendment – Western Frederick Land Use Plan.
(Note: Commissioner Markert and Commissioner Aikens were absent from the meeting)
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OTHER
Wyatt G. Pearson, Director, reported there will be a work session held on December 18,
2024 at 6:00 and all are encouraged to attend to discuss Winchester East at Opequon Creek rezoning.
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Minutes of December 4, 2024
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 Molden and unanimously
passed. The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
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Tim Stowe, Chairman
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Wyatt G. Pearson, Secretary