PC 11-18-20 Meeting MinutesFrederick County Planning Commission Page 3763
Minutes of November 18, 2020
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 November 18, 2020
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; H.
Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; John F. Jewell, Back Creek
District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M.
Mohn, Red Bud District; Kathleen Dawson, Red Bud District.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the November 18, 2020 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 Thomas and seconded by Commissioner Cline the
Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to add a
resolution for June M. Wilmot after the Committee reports.
MINUTES
Upon motion made by Commissioner Cline and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the minutes from the October 21, 2020 meeting.
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Minutes of November 18, 2020
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.
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COMMITTEES
Frederick Water – Mtg. 11/17/20
Commissioner Marston reported the Frederick Water Board of Directors accepted the
FY2020 Financial Statements; no issues or misstatements were identified in Frederick Water’s financial
statements. Commissioner Marston shared, through various collection efforts, customer account
delinquency has been significantly reduced from a high in September of over 900 accounts (totaling over
$200,000), to a recent low of less than 50 delinquent accounts (totaling less than $25,000). He noted, all
customers are reminded that CARES Act funding is available for water and sewer customers who have
been financially impacted by the COVID-19 epidemic. Commissioner Marston shared the operations
report for October: Customer base is over 17,021 connections; Monthly water production averaged 6.421
MGD; The quarries are in excellent shape; Rainfall for October was 3.12”, down from September’s 4.21”.
Transportation Committee – Mtg. 10/26/20
Commissioner Oates reported the Committee was briefed on the Route 7 STARS study
which is being completed by Michael Baker and is utilizing MPO resources. He continued; the Sheriff’s
office has asked Transportation Committee for consideration of being able to procure electronic speed
signs through VDOT funds for safety projects in Frederick County. These electronic message signs would
be attached to existing speed limit signs in areas of concern to increase driver awareness of their speeds.
The signs function by displaying the actual speed and flashing a strobe if the speed limit is exceeded. In
addition, the signs gather traffic and speed data while in place. Cost of the units would be approximately
$2,559.00 per unit and any required maintenance would be the responsibility of the Sheriff’s Department.
City of Winchester
Commissioner Dawson reported the commission discussed a project on Linden Drive.
Resolution
Chairman Kenney shared kind words and a resolution for Mrs. June M. Wilmot.
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Minutes of November 18, 2020
INFORMATION/DISCUSSION ITEMS
MDP #04-20 – Stonewall 4 Industrial
M. Tyler Klein, Senior Planner, reported this is a proposal to develop approximately
88.91 acres of land zoned M1 (Light Industrial) for the purposes of developing industrial and
warehousing uses. He noted, the properties subject to the MDP were part of Rezoning #01-18 for
Stonewall IV approved August 18, 2018. Mr. Klein presented a zoning map of the properties. He
continued, the parcel comprising this MDP, Stonewall 4 Industrial, is located within the County’s Sewer
and Water Service Area (SWSA) and the limits of the Northeast Frederick Land Use Plan (NELUP) of
the 2035 Comprehensive Plan. Mr. Klein presented an overview of the MDP:
• Access to the site, as shown on the MDP, will be provided from Lenoir Drive
• Future dedications (as proffered and shown on the MDP sheet 1) for “Future
Route 37 Bypass” and ‘Future Route 37 Slip Ramp” are consistent with planned
future connections identified in the 2035 Comprehensive Plan
• The MDP also addresses the required setbacks (i.e. building restriction lines) and
zoning district buffers
Mr. Klein presented the MDP with descriptive highlights. He concluded, the MDP for
Stonewall 4 Industrial appears to be consistent with the approved REZ #01-18 (proffers) and with the
requirements of Article VIII, Master Development Plans, of the Frederick County Zoning Ordinance, and
this MDP is in a form that is administratively approvable.
MDP #05-20 – Fairfax Downs
M. Tyler Klein, Senior Planner, reported this is a proposal to develop five (5) properties
totaling approximately 83.56 acres of land zoned B2 (General Business) and M2 (Industrial General) and
RA (Rural Areas) District with commercial, industrial, and residential land uses. He explained, the RA
portion of the site consists of 50.86 acres and is proposed to be developed with a total of 93 single-family
detached (SF) urban units. Mr. Klein noted, the subject properties comprising this MDP were not part of
any approved Rezoning (REZ) application and there are no proffers or previously approved development
plans. He shared the zoning map of the proposed development. Mr. Klein continued, this site is being
utilized as a receiving property and will be applying transferred development rights as permitted by the
Transfer of Development Rights (TDR) ordinance to develop the RA portion of the property with RP
(Residential Performance) District standards. He explained, the Applicant has purchased 93 TDR credits
from Sending Area #3 which has a value of one (1) residential unit per credit for a total of 93 single-
family detached (SFD) units. Mr. Klein shared a TDR map showing the Sending and Receiving Areas.
Mr. Klein reported, Fairfax Downs is located within the County’s Urban Development
Area (UDA) and Sewer and Water Service Area (SWSA); the property is located within the Southern
Frederick Area Plan (SOFRED) of the 2035 Comprehensive Plan. He continued; the Plan envisions the
subject properties to develop as an urban center (i.e. the “Sherando Center”); the Sherando Center is
envisioned to be “an intensive, walkable urban area that is well integrated with the surrounding
community. Mr. Klein noted, the MDP generally meets the 2035 Comprehensive Plan vision for this area
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of the County; the MDP depicts a mix of commercial and residential uses with pedestrian and vehicle
connectivity throughout the development. He provided and overview of the MDP:
• 93 SFD urban lots with a minimum lot area of 12,000 SF
• A 20-foot (FT) right-of-way (ROW) dedication for Route 277/Fairfax Pike
improvements along Land Bay B and Land Bay C (commercial development)
• A variable width (60-80 FT) ROW dedication along the eastern property
boundary for future South Warrior Drive (extended)
• A dedicated 50-FT ingress/egress easement for future Brandy Lane
• Internal private streets for circulation and inter-parcel connectivity among
commercial land bays
• Sidewalks and trails for pedestrian accommodation and circulation including a
10-FT hiker/biker trail along the east side of existing South Warrior Drive for
connectivity to Sherando High School
Mr. Klein concluded, the MDP for Fairfax Downs depicts appropriate land uses and
appears to be consistent with the requirements of Article III, Transfer of Development Rights (TDR)
Program and Article VIII, Master Development Plan, of the Zoning Ordinance.
Commissioner Oates asked where the entrances for Land Bays A & B are, and where will
the access be. Mr. Klein explained, there are two points to that question: VDOT has changed their
requirements from what is shown on an MDP and are no longer requesting that direct points of access be
shown on the MDP’s; they want to maintain flexibility so when site plans or individual uses are submitted
they have the ability to evaluate an access management exception or point of access. He continued, the
project is designed where the access would be from the internal road network including Shrewsbury Way
and Berkeley Street. Commissioner Oates commented that would be ideal but there is nothing on the plan
that restricts it to those two roads. Mr. Klein stated there are no proffers associated with this development
and it is VDOT’s policy to not include points of access details until the Site Plan stage.
Commissioner Thomas asked which street will be private within the development. Mr.
Klein stated all streets will be private and access from Berkeley Street and Shrewsbury Way then
interparcel connections intended between the Commercial Land Bays. Commissioner Thomas inquired
who is responsible for maintaining the roads. Mr. Klein stated private streets are maintained by owners or
the HOA. Commissioner Thomas shared he is concerned with having a private connection to a public
road that is way too busy.
Chairman Kenney asked for clarification that the connection on Warrior Drive is at
Sherando High School at the gate and if commercial traffic can use that. Mr. Klein stated that is correct,
the Applicant has coordinated with Frederick County Public Schools in designing the intersection in a
way that mitigates potential points of conflict with school traffic. Chairman Kenney asked if the bike trail
along Warrior Drive will be established right away. Mr. Klein commented it will be part of the residential
development plans. Chairman Kenney asked if anything is going to be done to mitigate the crossing at
Warrior Drive and Route 277. Mr. Klein stated no, just the hiker/biker trail; he reiterated there are no
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proffers associated with this development so the Applicant is not responsible for making those
improvements.
Commissioner Thomas stated he has a lot of safety concerns regarding this application.
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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 Cline and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
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Kevin W. Kenney, Chairman
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Michael T. Ruddy, Secretary