PC 12-04-19 Meeting MinutesMEETING 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, 2019.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice -Chairman, Opequon District
Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall
District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Alan L. Morrison,
Member at Large; Kathleen Dawson, Red Bud District, Charles E. Triplett, Gainesboro District, and
Roderick B. Williams, County Attorney.
ABSENT: J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek, District; and Christopher
M. Mohn, Red Bud District.
STAFF PRESENT: Michael T. Ruddy, Director; , Candice E. Perkins, Assistant Director; Mark R.
Cheran, Zoning & Subdivision Administrator; Pam Deeter, Secretary.
CALL TO ORDER
Chairman Kenney called the December 4, 2019 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the agenda for this evening's meeting.
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Minutes of December 4, 2019
COMMITTEE REPORTS
Transportation Committee — Mtg. 11/25/19
Commissioner Oates reported the Committee discussed the update of the Capital
Improvement Plan and the Road Plan. The Road Plan has a few revisions. The revisions will move
forward to the CPPC on December 9, 2019 and then to the Planning Commission in January. There was
a discussion of a truck road restriction on Cedar Hill Road. The truck road restriction did not pass.
City of Winchester — Mta. 12/03/19
Winchester City Planning Commissioner Liaison, Commissioner Pifer, reported three
Conditional Use Permit requests were discussed during their work session; Short Term Rental, Front
Yard Accessory Structure and Winchester Baseball utilizing Blue & Gray commercial space. A
discussion was held for the zoning ordinance amendment for small cell antennas.
CITIZEN COMMENTS
Chairman Kenney 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 Kenney closed the public comments portion of the meeting.
PUBLIC HEARING
Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to
rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District
with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the
west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property
Identification Number 64-A-158.
Action — Recommend Approval
Ms. Candice E. Perkins, Assistant Director, presented an overview of the
proposed request to rezone 6.18+/- acres of a 44.979+/- tract of land from the M1 (Light Industrial)
District to the B2 (General Business) District with proffers. The property is located on the north side of
Millwood Pike (Route 50 East) and the west side of Constitution Drive. A location snap was presented by
Ms. Perkins. This parcel is within the Sewer and Water Service Area (SWSA) and is within the
Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan classifies
this property with an industrial land use designation. The proposed request is inconsistent with the
current land use. The adjoining property to the south and to the east is zoned commercial.
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Minutes of December 4, 2019
Ms. Perkins presented the proffer associated with this rezoning request:
• hnprove Constitution southbound travel lanes, dedicate ROW and easements
• Construction of a full access commercial entrance on Constitution
• Right in/right out on Route 50, construct a right turn lane along Millwood
• ROW dedication on Route 50
• 10' asphalt path on Route 50
• Utilize current ITE Trip Generation Manual projections for the identified land
use on each Site Plan within the B-2 District portion of the property to determine
when the cumulative traffic volume of development projects exceed 3,000 VPD.
The Owner proffers to submit traffic studies as a component of all Site Plans
within the B-2 District portion of the property when cumulative traffic volumes
exceed 3,000 VPD to determine traffic impacts to the Millwood
Pike/Constitution Drive intersection or to the portion of Constitution Drive
serving the B-2 District portion of the property.
• The Owner will be responsible for the construction of improvements to the
Millwood Pike/Constitution Drive intersection or to the portion of Constitution
Drive serving the B-2 District portion of the property identified in the traffic
study for each Site Plan prior to the issuance of a certificate of occupancy permit
for each Site Plan.
• Require all Site Plans for parcels within the B-2 District portion of the property
that have Millwood Pike frontage to provide landscaping that is in addition to the
Zoning Ordinance as shown on the proffered exhibit.
Ms. Perkins noted that a monetary contribution in the amount of $0.10 per developed
building square foot for the Fire and Rescue service.
Commissioner Manuel requested clarification of the letter dated August 14, 2019 from
Frederick Water stating the Westview Pump Station would need upgrades. Ms. Perkins replied this
would be addressed at the site plan stage.
Mr. Evan Wyatt of Greenway Engineering, LLC, representing the Applicant came
forward. Mr. Wyatt stressed that the Applicant, VDOT and Greenway Engineering worked to present
acceptable proffers to the County. Mr. Wyatt reiterated that the Westview Pump Station will be
addressed at the site plan stage.
Chairman Kenney 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 Kenney closed the comment
portion of the hearing
Commissioner Manuel commented he thought this would be the best use of the property
and would fit in with the commercial adjoining parcels.
Upon a motion made by Commissioner Manuel and seconded by Commissioner Ambrogi
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #04-19 for Perry Properties, LLC submitted by Greenway Engineering, Inc., to
rezone 6.18+/- acres from the M 1 (Light Industrial) District to the B2 (General Business) District with
proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of
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Minutes of December 4, 2019
Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification
Number 64-A-158.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
9ev4nW.- Kenney, Chairman
Michael T. Ruddy, Secretary
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Minutes of December 4, 2019