PC 03-17-21 Meeting MinutesFrederick County Planning Commission Page 3793
Minutes of March 17, 2021
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 March 17, 2021.
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; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud
District; Kathleen Dawson, Red Bud District; Charles E. Triplett, Gainesboro District; Alan L. Morrison,
Member at Large; Roderick B. Williams, County Attorney.
ABSENT: J. Rhodes Marston, Back Creek District; Elizabeth D. Kozel, Shawnee District.
STAFF PRESENT: Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director
Transportation; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the March 17, 2021 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 Oates the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the January 20, 2021 and February 17,
2021 meetings.
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Minutes of March 17, 2021
COMMITTEES
Development Review and Regulations Committee – Mtg. 02/25/21
Commissioner Oates reported the committee discussed a request to allow chain link
fence with slats and this will be discussed further at the next meeting.
Comprehensive Plans and Programs Committee – Mtg. 03/08/21
Commissioner Mohn reported the committee reviewed the Comprehensive Plan update
and will continue with the review at the next meeting.
Frederick Water – Mtg. 03/16/21
Commissioner Oates reported the Board approved the 2021 Water Source Protection
Plans which are encouraged by the US Environmental Protection Agency and the Virginia Department of
Health as a means to protect a community’s water resources from contaminants. He shared; the Board
addressed the disconnection of delinquent residential accounts which continues to grow. Commissioner
Oates shared the operations report for February, 2021.
Historic Resources Advisory Board – Mtg. 03/16/21
Commissioner Molden reported the Board reviewed a conditional use permit for a special
event facility located at 1570 Gough Road, Winchester. A few of the items discussed were lighting,
parking, and road signage.
City of Winchester – Mtg. 03/16/21
Commissioner Leesa Mayfield, Winchester City Planning Commission Liaison, reported
the Commission discussed and recommended for approval: An Ordinance to rezone 4.60 acres at 1802-
1850 Roberts Street; An Ordinance to rezone 1.94 acres at 375 W. Tevis Street; and an Ordinance
amending Article 6-2 pertaining to conditional uses in the residential office district. She noted, the annual
report is almost complete for 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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PUBLIC HEARING
Rezoning #01-21 for One Logistics park Winchester submitted by Gordon, to rezone 277.16+/-
acres from the RA (Residential Planned Community) District to the B2 (General Business) and M1
(Light Industrial) District with proffers. The properties are located approximately one mile east of
I-81 on the south side of Millwood Pike (route 50), east of Prince Frederick Drive (Route 781) and
Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee
magisterial District and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64-
A-84, 64-A-85, 64-A-86, and 64-A-87.
Action – Postponed for 90 days
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
Candice E. Perkins, Assistant Director, reported this is a proposal to rezone six parcels
totaling 277.16 +/- acres from the r4 (Residential Planned Community) District with proffers to the B2
(General Business) District and the M1 (Light Industrial) District with proffers. The properties are
located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince
Frederick Drive (Route 781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton
Drive. Ms. Perkins noted, the subject properties are part of the original Carpers Valley/Governors Hill
Rezoning which was approved in 2005 (revised in 2009, 2013, and 2014); Rezoning #11-05 provided for
143 acres of commercial uses and 550 residential units. Ms. Perkins presented mapping of the property.
She continued; the site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of
the 2035 Comprehensive Plan. The Plan identifies these properties with a commercial/transition and
residential land use designation and the designations are consistent with the current zoning. She noted,
the requested M1 District is generally inconsistent with the Comprehensive Plan.
Ms. Perkins reported, the subject parcels are located within the boundaries of the Airport
Support Area that surrounds the Winchester Regional Airport; the support area discourages new
residential construction. She stated, the proposed elimination of the residential units would further
support the goals of the Airport Support Area. Ms. Perkins shared; the planned road network included in
the Senseny/Eastern Frederick urban Area Plan identifies a major collector road system which provides
for an east-west linkage (Coverstone Drive) which connects to Millwood Pike at Inverlee Way. Ms.
Perkins noted, a portion of Coverstone Drive currently exits from Prince Frederick Drive to the property
boundary of the Frederick County Public Safety Center and the planned phased connection from the
existing terminus of Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important
linkage that serves both this development and surrounding land uses. Ms. Perkins explained, while the
completion of Coverstone Drive will provide an important linkage in this area, it is important to examine
the anticipated traffic generation from this proposal and its projected impact on the greater network that
will serve this development. She continued, this application shows a reduction in vehicle trips per day
from 47,085 anticipated with the current approved rezoning to 17,606; it is recognized that this proposal
results in a significantly reduced overall trip generation, it should be recognized that this development
would generate more tractor trailer trips and interstate based trips. She noted, VDOT has expressed
significant concern, as outlined in their comments, that the function of the Exit 313 interchange will be
negatively impacted by this development during the peak times that were studied. Ms. Perkins shared the
proffers proposed by the Applicant for this rezoning application:
• Trail along Coverstone Drive and sidewalks along Pendleton Drive
• Contributions of $100 per 1000 square feet of commercial and/or industrial
building area
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• Phase I Archaeological Investigation of the property – subsequent studies if
necessary
• Additional buffer along Route 50, total of 150’
Ms. Perkins stated the majority of the proffers pertain to Transportation and they are
presented by Mr. John A. Bishop, Assistant Director Transportation:
• Design and construct Coverstone Drive as a half section of an urban four-lane
divided collector road with turn lanes as warranted within an approximate 102’
right-of-way utilizing the following phase schedule:
o Phase I- Full four lane divided urban collector roadway section with trail
from Millwood to Southern Boundary of Lane by 3 to include
signalization and turn lane improvements.
o Phase II – Construction of two lane roadway from the southern property
line of Land Bay 3 to Pendleton Drive with a trail.
o Phase III – Completion of a two lane section from Pendleton to existing
Coverstone Drive with trail.
• Coverstone widening to four lanes if projected vehicles per day south of Lane
Bay 3 exceeds 10,000.
• Completion of two lane Pendleton Drive extension prior to issuance of first CO
in Phase B.
• Western improvements to be completed with constructed Coverstone Phases 1-3
and with square footage in excess of 1,491,600.
o Northbound Prince Frederick left to Costello.
o If warranted, signalization would occur after Coverstone improvements
are completed and adopted into the VDOT system.
• Improvements at the intersection of Prince Frederick and Millwood.
o Construct and additional lane on Northbound Prince Frederick to provide
a dedicated left/left with through/right turn lane.
• Offsite improvements that require right of way acquisition will not take place
unless the Board of Supervisors acquires the right of way.
• In the event that any proffered offsite improvements are constructed by others the
Owner shall contribute to Frederick County an amount equivalent to the verified
actual cost of the proffered improvements.
Mr. Bishop shared concerns of Staff with the proffers and they are as follows:
• Lack of any proffer addressing VDOT concerns raised regarding interchange
impacts expected to cost as much as $60-80 million.
• Proffer 2.2: Lack of dedication language
• Proffer 2.3: Proffers currently guarantee four lanes for Coverstone Drive
compared to new proposal which only provides four lanes if traffic projections
exceed 10,000.
• Proffer 2.3: Proffer language refers to proffer 2.2 which discusses a “half
section” leading to potential confusion, Termini references are also incorrect.
• Proffer 2.4: Staff would suggest that the term approximate be used for the 60’
right of way for Pendleton as was done in other areas of the proffers.
• Proffer 2.6.2b: Staff would suggest an earlier trigger for the signalization
agreement.
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• Proffer 2.7 makes the Board of Supervisors responsible for obtaining the right of
way without offering any form of reimbursement, though proffer 2.9 does
reimburse the County if offsite improvements are completed by others subject to
conditions.
Commissioner Thomas stated he was unclear on the proffer that wants the Board of
Supervisors to obtain the right-of-way for some off-site improvements; there is no statement of what the
impacts are if those off-site rights-of-way are not obtained, and the improvements are not built. Mr.
Bishop commented he cannot predict this because the TIA assumes those improvements are in place.
Commissioner Thomas shared his concerns with the TIA and the 10,000 trips per day. He asked if there
was a breakdown between multi-axle vehicles and passenger vehicles. Mr. Bishop stated vehicles per day
is what is in the language at this time.
Chairman Kenney requested Mr. Bishop to show the proposed Route 522 realignment in
conjunction with this project. Mr. Bishop presented the Eastern Road Map and provided the direction, he
noted the Route 522 realignment remains a long range project. Chairman Kenney asked if that was taken
into consideration on this project within the TIA or solely looking at this project and how it impacts
because there have been numerous reiterations over the years. Mr. Bishop stated this impacts current day
and he directed question to the Applicant.
Mr. Randy Minchew, representing the Applicant came forward and gave a brief history
of the property. He shared the approved development plan and the GDP. He introduced Mr. Doug
Kennedy of Pennoni Associates. Mr. Kennedy shared the process of which determined the truck traffic
and it being analyzed. Mr. Minchew presented the community benefits regarding this project.
Commissioner Thomas asked approximately how many employees are projected and how
many will be working on site. Mr. Kennedy noted that is hard to say; the assumption was projected in the
TIA and it depends on square footage of the buildings and the industrial activity. Commissioner Thomas
asked the Applicant if they felt they have allowed for the level of impact this will have. Mr. Kennedy
stated truck numbers are a third of the total traffic and they did include heavy truck impacts.
Commissioner Jewell asked how infrastructure is going to be affected because data
centers require a lot of power. Mr. Kennedy explained this is part of the impact assessments.
Commissioner Jewell agreed with Commissioner Thomas in that truck traffic is a concern. Chairman
Kenney requested clarification on the scope and size of the structures. Mr. Minchew stated the buildings
are designed as illustrative; no users are on board yet. He noted , the different sized buildings will be
scaled to users.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Charlie Markel who owns three acres near the property came forward and shared his
concerns with his driveway being rerouted through the industrial park. He asked if there is any way his
lane can be left as is. He also is concerned with the noise this will generate.
Mr. Steve Parrish, representing the Aikens Group and owns 15 acres on Costello Drive
came forward and expressed his concerns with the traffic already in this area and this will be adding to it.
He continued; his main objection is the M1 District is inconsistent with the Comprehensive Plan. He
feels this will adversely affect their 15 acres of B2 and having a lot of truck traffic may cause safety
issues for the general public. He stated this is a great project but should not be at this location and if so
then certainly not this size.
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Mr. Whit Wagoner who owns the Army Corp building strongly is in favor of this
property and feels this development needs to happen in Frederick County.
Supervisor Stegmaier invited Shawnee District residents and all other residents to discuss
anything they may with after the meeting.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Commissioner Oates commented he is in favor of changing the use away from housing
because of the close proximity to the airport runway. He is in favor of industrial use there and thinks the
proffers need some work. He would also like to see Charlie Markel be accommodated and able to keep
his driveway rather than through the industrial area.
Commissioner Thomas agrees with Commissioner Oates, this is the best use for the
property and the application does need some further work. He would like to postpone this item for 90
days and schedule a work session with the Planning Commission, the Applicant, and the Board of
Supervisors to work out some of the details.
Commissioner Morrison commented he likes the ideas from Commissioner Thomas. He
stated the number of impacts is quite significant.
Commissioner Mohn commented this is an appropriate approach from a land use
perspective. He agrees more time is needed to work on things and the work session is a great idea.
Commissioner Jewell feels the work session is a good idea and would like to slow this
down a bit .
Chairman Kenney agreed with the Commissioners; he will try to get a work session
together and work out some of these details.
Upon a motion made by Commissioner Thomas and seconded by Commissioner Triplett
to postpone Rezoning #01-21 for 90 days
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend
postponement for 90 days of Rezoning #01-21 for One Logistics park Winchester submitted by Gordon,
to rezone 277.16+/- acres from the RA (Residential Planned Community) District to the B2 (General
Business) and M1 (Light Industrial) District with proffers. The properties are located approximately one
mile east of I-81 on the south side of Millwood Pike (route 50), east of Prince Frederick Drive (Route
781) and Coverstone Drive (Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee
magisterial District and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64-A-84,
64-A-85, 64-A-86, and 64-A-87.
(Note: Commissioner Marston and Commissioner Kozel were absent from the meeting)
Ordinance Amendment – Boat Repair in the RA Zoning District – an ordinance amendment to the
Frederick County Code Chapter 165 Zoning, ARTICLE I General Provisions, Amendments and
Conditional Use Permits; Part 101 General Provisions, §165-101.02 Definitions and word usage
Boat Repair Shop. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and
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Minutes of March 17, 2021
Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses §165-204.33 Boat
Repair Shop. ARTICLE IV Agricultural and Residential Districts; Part 401 RA Rural Areas
District §165-401.3 Conditional Uses. Revision to the Frederick County Zoning Ordinance to
include “Boat Repair Shop” as a conditional use in the RA (Rural Areas) Zoning District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposed ordinance amendment to
Chapter 165 – Zoning Ordinance to add “boat repair shop” as a conditional use in the RA (Rural Areas)
Zoning District. He noted, this was a request from a citizen/business owner of the County through their
Board of Supervisors representative. Mr. Klein continued, the Frederick County Zoning Ordinance
currently allows boat repair shops only within the M1 (Light Industrial) and M2 (Industrial General)
Zoning Districts. He noted, a comparable use would be automotive repair, which is also allowed as a by-
right use in the M1 and M2 Zoning Districts; in addition to being a by-right use in the M1 and M2
Districts, automotive repair is also permitted as a conditional use in the RA District (public garage). Mr.
Klein explained, the proposed text amendment modifies three (3) areas of the Zoning Ordinance: Adds a
new definition for a “boat repair shop” (§165-101.02); Adds additional regulations for specific uses for
boat repair shops (§165-204); Adds “boat repair shops” as a conditional use in the RA District (§165-
401.03).
• 165-101.02 Definitions and word usage
o Boat Repair Shop – A structure or portion thereof, designed for or used
for servicing, repair, or equipping boats, but not including boat sales.
• 165-204.33 Boat Repair Shop
(All boat repair uses shall meet the following requirements)
o All repair activities shall take place entirely within an enclosed structure.
o All exterior storage of parts, equipment, and boats shall be completely
screened from view of surrounding properties by an opaque fence or
screen a minimum of six (6) feet in height. This fence or screen shall be
adequately maintained.
o In the RA, M1, and M2 Zoning Districts the sale or resale of boats shall
not be permitted as an accessory or secondary use to a boat repair shop.
• 165-401.3 Conditional Uses
o DD. Boat Repair Shop.
Mr. Corey Garrison, the citizen requesting this amendment came forward and presented a
brief explanation of the need for this business and he wants to do it the right way.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. James Cox came forward and spoke in favor of this amendment. He stated Mr.
Garrison has been a great asset to the Lake Holiday community and he supports his business.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Oates and seconded by Commissioner Triplett
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BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Ordinance Amendment – Boat Repair in the RA Zoning District – an ordinance amendment to the
Frederick County Code Chapter 165 Zoning, ARTICLE I General Provisions, Amendments and
Conditional Use Permits: Part 101 General Provisions, §165-101.02 Definitions and word usage Boat
Repair Shop. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for
Specific Uses; Part 204 Additional Regulations for Specific Uses §165-204.33 Boat Repair Shop.
ARTICLE IV Agricultural and Residential Districts; Part 401 RA Rural Areas District §165-401.3
Conditional Uses. Revision to the Frederick County Zoning Ordinance to include “Boat Repair Shop” as
a conditional use in the RA (Rural Areas) Zoning District.
(Note: Commissioner Marston and Commissioner Kozel were absent from the meeting)
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INFORMATION/DISCUSSION
Master Development Plan #01-21 for Hackwoods – SVWC submitted by Greenway Engineering,
Inc., on behalf of Westminster Canterbury of Winchester Inc. This application seeks to develop
11.50+/- acres of land zoned RP (Residential Performance) Zoning District for 58 multi-family
units. The subject property is located on State Route 767, and 300 feet south of Fox Drive and
Margaret Lane Winchester, VA, in the Stonewall Magisterial District and is identified by Property
Identification Number 53-A-64.
Commissioner Mohn would abstain from all discussion on this item for a possible
conflict of interest.
M. Tyler Klein, Senior Planner, reported this is a proposal to develop 58 multifamily
senior residential housing units on 11.50+/- acres of land zoned RP (Residential Performance). The
project site includes 9.81+/- acres of land within the City of Winchester Corporate limits for a total of
21.31+/- acres and a total of 97 units. Mr. Klein noted, the subject properties comprising this MDP were
not part of any approved Rezoning application and there are no proffers or previously approved
development plans. He shared a zoning map of the property and a concept plan. Mr. Klein continued, the
proposed development is in the vicinity of Sunnyside; the Eastern Frederick County Long Range Land
Use Plan (EFLRLUP) shows this area with a residential land use designation and the site is located in a
future neighborhood village as identified in the Plan. Mr. Klein explained, the current RP (Residential
Performance) District zoning of the site and the proposed development (multifamily residential) is
supported by the 2035 Comprehensive Plan for this area of the County. Mr. Klein concluded, the
Applicant is concurrently pursuing approval for the portion of the project within the corporate limits of
the City of Winchester in addition to this MDP and site plan review/approval from Frederick County.
Chairman Kenney asked what sort of timeline the Applicant is pursuing. Mr. Klein
noted, things are moving rather quickly as housing is already being advertised.
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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 Triplett and unanimously
passed. The meeting adjourned at 8:40 p.m.
Respectfully submitted,
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Kevin W. Kenney, Chairman
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Roderick B. Williams, Secretary