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Frederick County Planning Commission Page 4182
Minutes of April 2, 2025
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 April 2, 2025.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Charles Markert, Red Bud District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District;
Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek
District; Jason Aikens, Gainesboro District; Vaughn Whitacre, Gainesboro District; Mollie Brannon,
Member at Large; Austin Cano, Acting County Attorney.
ABSENT: Elizabeth D. Kozel, Shawnee District; Jeff McKay, Back Creek District.
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner
II; Amy L. Feltner, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator.
CALL TO ORDER
Chairman Stowe called the April 2, 2025 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 Markert,
the Planning Commission unanimously adopted the agenda for this evening’s meeting..
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Minutes of April 2, 2025
COMMITTEES
Development Review & Regulations Committee – 3/27/25
Commissioner Kerns reported that the committee discussed an ordinance amendment for
back yard chickens in the RA. This will be coming forward for public hearing.
City of Winchester – 4/1/25
Commissioner Mayfield reported the commission held a work session and discussed
multiple conditional use permits.
Board of Supervisors – 3/26/25
Supervisor Liero, Board of Supervisor Liaison, reported the Board denied a
Comprehensive Plan Amendment for Appleland; REZ #11-24 for Route 7 Self Storage was postponed to
the April 23rd Board meeting; and an ordinance amendment for Data Centers was discussed and sent forward
for public hearing.
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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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PUBLIC HEARING
Rezoning #02-25 for Stephenson Depot Commercial (Croatan Capital II, LLC)
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request to rezone 5.78+/- acres from B2
(General Business) and M1 (Light Industrial) Zoning Districts to B2 (General Business) Zoning District,
with proffers, to enable commercial development. He shared a locations map and zoning map of the
property. Mr. Klein continued, proposed rezoning partially implements Comprehensive Plan policy
specific to business uses envisioned in this area of the County. Gas station with convenience, included in
the proffered permitted use list, is not typically associated with “anchor retail” as envisioned in the
Comprehensive Plan. He noted, this use may be appropriate given the sites crossroads location. The Plan
also identifies transportation improvements in the vicinity of the subject property. The proffer statement
includes improvements to serve the proposed development and for the future condition of the adjoining
roadways. He shared, the proposal is fully consistent with the planned improvements in the Comprehensive
Plan. Mr. Klein shared the proffers statement for this proposal and a GDP (Generalized Development Plan).
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The primary discussion among the Planning Commission Members was allowed uses and
it was noted that having a permitted use list rather than a prohibited use list was preferred to ensure Plan
policy specific to retail at the intersection was implemented. Chris Mohn, representing the Application
came forward and noted the Applicant’s willingness to further amend the proffers to specify what uses
would be allowed on the property.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. One member of the public spoke, noting they were not in favor or opposed to
the proposed rezoning and expressing a desire to have uses allowed that harmonized with surrounding
residential uses and would not adversely impact traffic and congestion at the intersection of Old Charles
Town Road and Martinsburg Pike. 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 Kerns
BE IT RESOLVED the Frederick County Planning Commission unanimously recommends approval of
Rezoning #02-25 for Stephenson Depot Commercial (Croatan Capital II, LLC)
(Note: Commissioner McKay and Commissioner Kozel were absent from the meeting)
Conditional Use Permit #03-25 for Ehsan Yousefie (Famili Ventures, LLC)
Action – Recommend Denial
Amy L. Feltner, Planner I, reported this is a proposal for a slaughterhouse, farm market,
and an event center on 45.96+/- acres. The property is located at 686 Shady Elm Road, Winchester VA,
and is identified by Property Identification Number 74-A-67 in the Back Creek Magisterial District. She
shared a locations map and zoning map of the property. She shared the proposed features provided by the
Applicant (these are not conditions) for the event center: operate year round, seven days a week from 7:00
a.m. to 10:00 p.m.; maximum of 150 guests; guests can provide catered food and amplified music; portable
restrooms provided; no employees. Proposal for the off-premise Farm Market are operating year round,
Tuesday through Sunday from 10:00 a.m. to 6:00 p.m.; maximum of 40-60 guests daily; fresh meats,
wholesale items, and locally handcrafted crafts/jewelry; one employee. The proposal for the
slaughterhouse/butcher shop is not open to the public; open year round, Wednesday through Sunday from
10:00 a.m. to 6:00 p.m., and one employee. The proposal for the Public Picnic Area is to provide 6-8 picnic
tables and stationary grills for patrons with a maximum of 30 table/grill stations total over time and open
seasonal, daily. A sketch was provided by the Applicant of the proposal. Mrs. Feltner presented the
conditions as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be approved by Frederick County prior to the establishment of the
use.
3. The Slaughterhouse and Farm Market is limited to two employees not residing on
the premises.
4. The hours of operation for the Slaughterhouse are limited to 10:00 a.m. to 6:00
p.m., Wednesday through Sunday.
5. The hours of operation for the Farm Market are limited to 10:00 a.m. to 6:00 p.m.,
Tuesday through Sunday and a maximum of 40-60 customer daily.
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6. The hours of operation for the Special Event Facility are limited to 7:00 a.m. to
10:00 p.m., daily and a maximum of 150 attendees.
7. Portable restrooms shall be provided for guests during special events and removed
thereafter.
8. Public Picnic Area is seasonal from May 1st to October 31st, annually. Temporary
(portable) restrooms shall be provided for use by the customers and removed after
each season. The location of the restroom facility shall be located on the site plan.
9. Slaughterhouse and associated processing operations shall be approved by the
Virginia Department of Agricultural Consumer Services – Meat and Poultry
Division. Approval letter shall be provided prior to approval of the site plan.
10. Amplified outdoor music shall conclude by 10:00 p.m.
11. Public access for the CUP is restricted to Shady Elm Road only. Use of Soldiers
Rest Lane is prohibited.
12. Any expansion or change of use shall require a new CUP.
The Planning Commission discussed concerns about how the governing body would
enforce the activities and customer/patron limitations. Wyatt G. Pearson, Planning Director advised that
the Zoning Ordinance is complaint driven and once a complaint is received, spot visits would be conducted,
as well as any additional means at Staff’s disposal to ensure the limitations were being adhered to.
Clarification was requested on the residency of the owner. The owners have been making repairs necessary
to the future business for the last two years. The future plan is to reside on the farm once the repairs are
completed, and the business operations are approved through the conditional use process. Currently, the
applicants need to travel between their current residence in Maryland to the farm. Questions related to the
slaughterhouse centered around types of animals, waste disposal, and concurrent business operations on the
farm. Animals would be permitted to be delivered to the slaughterhouse from outside the farm for
processing under the conditional use permit, but the applicant verified that the types of animals were
primarily sheep and chickens and desired only to process animals raised on the farm and not outside
processing. The Planning Commission discussed the available parking facilities in relation to the various
businesses proposed on the farm and inquired as to how the applicant would regulate concurrent activities.
This matter was discussed at length. The event center and the outside amplified noise were discussed. The
Zoning Ordinance in the RA (Rural Area) does not restrict decibel limitations. The Planning Commission
specifically asked the applicant if removing the outside amplified music could be considered. The applicant
explained that the request for seven days a week, 7 a.m. to 10 p.m., though broad in scope, did not intend
on operating the event center continuously. However, the Planning Commission noted that if approved,
approval would allow the business to be conducted on those days/times. The Picnic area was discussed, and
clarification providing that camping was not within the Applicants’ proposal and was not permitted.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Several adjacent residents spoke in opposition to the proposal. Some residents
contested the possibility of being subjected to the noise from the special event facility, in addition to the
already existing noise projected from an approved event center 1.5 miles away. A few residents voiced
concern that the Zoning Ordinance stipulates the intent to promote the health, safety, and general welfare
of the residence but the proposed use was an incompatible land use; the proposed intended use did not fit
with the surrounding residential uses. Additional concern was raised with traffic, the lack of a traffic
analysis, heavy transport vehicles by the slaughterhouse, environmental concerns related to the
slaughterhouse, and the long-term consequences of the negative impacts that the proposed use would
provide for the area residents. Some residents questioned the Virginia Health Departments comment that
prohibited the “cleaning, wash water, butchering, or processing of animals” to add to the existing drain
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field. Others were concerned about the slaughterhouse waste, rendering company’s reliability, and the
possibility that slaughterhouse waste may be stationed on the farm for several days between pickups. No
one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing.
The Planning Commission stated that the business plan appeared too broad for the various
dissimilar activities without management and/or the involvement of a professional planner. The
slaughterhouse, though relatively small in size, coupled with the event center operations, needs a
professional to develop the business plan for the operations to be less obtrusive to the surrounding area and
the residential neighborhoods. The proposed operation resembled more of a business than a farm and leans
more toward a rezoning than a conditional use permit according to Planning Commissioner comments.
Conservation of farmland is preferred, and the subject property is the preservation tract resulting from a
previous rural preservation subdivision and would not be permitted to be further subdivided.
Upon a motion made by Commissioner Brumback and seconded by Commissioner
Brannon
BE IT RESOLVED the Frederick County Planning Commission unanimously recommends denial of
Conditional Use Permit #03-25 for Ehsan Yousefie (Famili Ventures, LLC)
(Note: Commissioner McKay and Commissioner Kozel were absent from the meeting)
Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering)
Action – Recommend Approval
Kayla Peloquin, Planner II, reported this is a request submitted for a special event facility,
restaurant, and campground. The property is located at 515 Vaucluse Spring Lane, Stephens City and is
identified by Property Identification Number 84-A-53A in the Back Creek Magisterial District. She
presented a location map of the property. The proposal provided by the Applicant includes: A special
event facility (up to 40 events/year, maximum of 160 guests at events, outdoor amplified music to conclude
by 11:00 p.m.); 2 restaurants open to the public; A campground/resort (12 new cabins, utilize existing
structures as guest rooms); 124+/- new parking spaces to accommodate guests and 45+/- employees on
rotating shifts; A spa, art gallery, artist studio, party barn, pavilion, and pool are accessory uses. She noted,
these are the Applicant’s proposal and not conditions. Mrs. Peloquin compared the conditions of the
previous CUP #11-23 to the proposal of the new application. She continued, the Comprehensive Plan
designates this property to remain rural. The proposed use is generally in conformance with the Plan. Mrs.
Peloquin presented the conditions as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan meeting all requirements of the Zoning Ordinance,
including additional regulations for Special Event Facilities (§165-204.30) and
Campgrounds (§165-204.03), shall be approved by Frederick County prior to
establishment of the uses.
3. Tractor truck trailer deliveries to the property are prohibited except during
construction and renovations.
4. Special events may not exceed 160 guests.
5. A maximum of 40 special events may be held per year.
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6. Both restaurants may be open to the public on the same day for a maximum of four
(4) days per week. Both restaurants may be open to guests staying on the property
seven (7) days per week.
7. Amplified outdoor music shall conclude by 11:00 p.m.
8. Approval of this CUP #01-25 will void and replace previous CUP #11-23.
9. Any expansion or change of uses shall require a new CUP.
Mrs. Peloquin noted the Planning Commission held a public hearing on March 19, 2025 at
which time the application was tabled.
The Planning Commission asked questions about the restrictions on tractor truck trailer
deliveries, the amplified outdoor music, and VDOT’s comments. Staff noted that after reviewing the
conditions, VDOT responded that they do limit some potential for increased traffic, however their overall
position stays the same that the proposal will negatively impact conditions on Vaucluse Road. Marissa
Whitacre of Greenway Engineering, representing the Applicant confirmed that VDOT does not plan on
changing their grading schedule for Vaucluse Road, which is currently done four times a year, and the road
is not currently planned for improvements. A Planning Commission member suggested that 11:00 p.m.
seems late for outdoor amplified music; the Applicant agreed to change the condition to conclude the music
by 10:00 p.m. Mr. VanHaute, the Applicant confirmed the condition limiting tractor truck trailer deliveries
to the property will not cause challenges. He noted that previous experience working with small vendors
and other local sources do not require tractor trailer deliveries. Mr. Pearson reiterated that the Applicants
have been working with VDOT to try to find a solution and Staff feels the proposed conditions are a good
compromise.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. One resident spoke in support of the Application. 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 unanimously recommends approval of
Conditional Use Permit #01-25 for Vaucluse Holdings, Inc. (Greenway Engineering)
(Note: Commissioner McKay and Commissioner Kozel were absent from the meeting)
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ADJOURNMENT
No further business remained to be discussed, and a motion was made by Commissioner
Thomass to adjourn the meeting. This motion was seconded by Commissioner Brumback and unanimously
passed. The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
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