PC 06-16-21 Meeting MinutesFrederick County Planning Commission Page 3826
Minutes of June 16, 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 June 16, 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; Betsy Brumback, Back Creek 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: Elizabeth D. Kozel, Shawnee District.
STAFF PRESENT: Wyatt G. Pearson, Director: Candice E. Perkins, Assistant Director; Mark R.
Cheran, Zoning & Subdivision Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the June 16, 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 Manuel
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Minutes of June 16, 2021
COMMITTEES
Comprehensive Plans & Programs Committee – Mtg. 06/14/21
Commissioner Mohn reported the Committee reviewed the Comprehensive Plan Update
which included the Plan (Draft Section Part 3), Section V Transportation, and Section VII Historic
Resources. Also discussed was the language for Appendix II, Land Use.
Frederick Water – Mtg. 06/15/21
Commissioner Jewell reported the Board received and update of delinquent residential
accounts; Frederick Water resumed disconnections of delinquent residential accounts the beginning of
June. In the first cycle of disconnections, 142 delinquent accounts were disconnected from the water
service and as of June 15, 2021 all, but 5 accounts had paid their outstanding balances and had services
restored. He noted, the next cycle of disconnections begins on June 16, 2021 and it contains 347
delinquent accounts. Commissioner Jewell reported the Board received an update on the Opequon Water
Supply Plan; construction continues to advance on the new 8 million gallon per day Sliwinski water
treatment plant and quarry reservoir in Clearbrook. The plant will be delivering water to Frederick Water
customers in Spring 2022. Commissioner Jewell shared the May operations report and the rainfall totals.
City of Winchester – Mtg.
Chairman Kenney reported on behalf of the City of Winchester. The City discussed rules
of short term rentals; recommended approval of two short term rental requests; and tabled regulations that
guide home share and short term rentals.
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.
Mr. Charlie Mearkle of the Shawnee District came forward and shared his concerns with
the rezoning for One Logistics. He requested the Planning Commission rescind their recommendation of
approval. He would like to see the property remain residential and is concerned with the negative impacts
this proposed rezoning will have on the surrounding area.
No one else came forward to speak and Chairman Kenney closed the public comments
portion of the meeting.
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PUBLIC HEARING
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Minutes of June 16, 2021
Rezoning #03-21 for CRT Properties, LLC submitted by Painter-Lewis, P.L.C., to rezone .75 acres
from the RA (Rural Areas) District to the B2 (General Business) District with proffers, and 3.09
acres from the B2 (General Business) District with revised proffers, totaling 3.84 acres. The
properties are located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in
the Gainesboro Magisterial District and are identified by Property Identification Numbers 53-A-73,
53-A-74, 53-A-75, 53-A-76, and 53-A-77.
Action – Recommend Approval
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 five parcels
totaling 4.84 acres from the RA and B2 Zoning Districts to the B2 District with proffers. The parcels are
located at the corner of Route 50 and Botanical Boulevard. She continued, four of the subject parcels
were rezoned to the B2 District with Rezoning #08-08 for Botanical Square and this proposal would
rezone parcel 53-A-73, which totals .75 acres, to the B2 District and bring all five parcels under one
proffer statement. Ms. Perkins explained, the site is located within the limits of the Round Hill Land Use
Plan of the 2035 Comprehensive Plan; the Plan identifies the site with a commercial land use designation
and the properties are also within the limits of the Sewer and Water Service Area (SWSA). She noted,
the existing and requested zoning is consistent with the goals of the Plan. Ms. Perkins shared what is
proposed with this rezoning request:
• 4.09 acres zoned B2, with revised proffers, .75 acres zoned RA, seeking B2
zoning with proffers
• Proffered GDP which depicts site access, transportation improvements, buffers
and parking
• Route 50 right-of-way improvements as required by VDOT
• Botanical Boulevard improvements as required by VDOT, pedestrian
accommodations, signalization agreement (or cash payment if a signal is not
warranted)
• Route 50 corridor buffer with trail
• Building design and parking location proffers, maximum floor area of 36,000 sf
Ms. Perkins presented the GDP for this rezoning. She concluded, the impacts associated
with this requested rezoning appear to be addressed by the scope of the proffer statement submitted by the
Applicant.
Mr. John Lewis of Painter-Lewis P.L.C., representing the Applicant shared this is a basic
housekeeping rezoning. He noted, with the previous rezoning people lived in a home on the property and
now there is no one living there.
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 public
comment portion of the hearing.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas
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Minutes of June 16, 2021
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #03-21 for CRT Properties, LLC submitted by Painter-Lewis, P.L.C., to rezone .75 acres
from the RA (Rural Areas) District to the B2 (General Business) District with proffers, and 3.09 acres
from the B2 (General Business) District with revised proffers, totaling 3.84 acres. The properties are
located at the corner of Northwestern Pike (Route 50 W) and Botanical Boulevard in the Gainesboro
Magisterial District and are identified by Property Identification Numbers 53-A-73, 53-A-74, 53-A-75,
53-A-76, and 53-A-77.
(Note: Commissioner Kozel was absent from the meeting)
Conditional Use Permit #03-21 for Winchester Cold Storage submitted to construct a tractor truck
and tractor truck trailer parking facility for the adjacent warehouse and storage facility. The
subject property is located on Brooke Road and is identified with Property Identification Number
54-4-4 in the Stonewall Magisterial District.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Mark R. Cheran, Zoning & Subdivision Administrator reported this is a request for a
Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Fort
Collier Industrial Park. He noted, this use is only permitted as a conditional use in the M1 (Light
Industrial) District. Mr. Cheran continued, the property is located on Brook Road, adjacent to the existing
Winchester Cold Storage facility, in the Stonewall Magisterial District. He explained, the property is
zoned M1, and the current land use is vacant; the surrounding properties are zoned M1 and utilized for
industrial purposes. He noted, the Comprehensive Plan depicts this area as remaining industrial in nature.
Mr. Cheran shared a location map and a zoning map of the property. He presented the supplementary Use
Regulations:
• All areas utilized for the parking of tractor trucks and the storage of trailers shall
utilize a gravel or paved surface.
• All paved and gravel surfaces shall be properly maintained to ensure that dirt,
mud, gravel, or the like is not distributed onto roadways.
• No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers
shall be parked or stored on the site.
• Fuel sales shall not be permitted.
• Maintenance of trucks and trailers shall not be permitted.
• Facilities shall be required to landscape the yard area within the front setback to
provide for a double row of evergreen trees that are staggered and planted a
maximum of 12 feet on center. All trees shall be a minimum of four feet in
height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
• A site plan in accordance with the requirements of Article VIII shall be submitted
to and approved by Frederick County.
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Minutes of June 16, 2021
Mr. Cheran shared the conditions for this CUP as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all
times.
2. A site plan shall be submitted and approved by Frederick County prior to the
establishment of this use.
3. No new entrances shall be constructed from Brooke Road (Route 1328) for this
Conditional Use Permit.
4. The site plan shall meet the requirements of the Frederick County Zoning
Ordinance Section 165-204.24 tractor truck and tractor truck trailer parking.
Commissioner Mohn commented, the distinction and reason for this CUP is it is a
standalone parking facility that is not accessory to a warehouse or other industrial use. Mr. Cheran stated
that is correct. Chairman Kenney asked if access would be from Smithfield Avenue. Mr. Cheran
commented there is an interparcel connector with the Cold Storage and it will be paved or gravel.
Mr. Tim Stowe, of Stowe Engineering P.L.C. commented this is an opportunity to help a
local business operate more efficiently.
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 public
comment portion of the hearing.
Upon a motion made by Commissioner Cline and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #03-21 for Winchester Cold Storage submitted to construct a tractor truck and
tractor truck trailer parking facility for the adjacent warehouse and storage facility. The subject property
is located on Brooke Road and is identified with Property Identification Number 54-4-4 in the Stonewall
Magisterial District.
(Note: Commissioner Kozel was absent from the meeting)
Conditional Use Permit #04-21 for C Clan, LLC submitted to construct a tractor truck and tractor
truck trailer parking facility. The subject properties are located on Ebert Road and are identified
with Property Identification Numbers 43-21-7 and 43-21-8 in the Stonewall magisterial District.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a
Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking lot on two (2) parcels
located within the Carroll Industrial Park and this use is only permitted as a conditional use in the M2
District. He continued, the subject properties are located on Ebert Road, in the Stonewall Magisterial
District. Mr. Cheran explained the property is zoned M2 (General Industrial) District, and the current
land use is vacant; the surrounding properties are zoned M2 and utilized for industrial purposes. He
continued, this CUP has been applied for in response to a zoning violation for operating tractor truck and
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Minutes of June 16, 2021
tractor truck trailer parking on these properties without an approved CUP and approval of a CUP is one
avenue to abate this violation. Mr. Cheran shared a zoning map of the area. He presented the
Supplementary Use Regulations associated with this type of application:
A. All areas utilized for the parking of tractor trucks and the storage of trailers shall
utilize a gravel or paved surface.
B. All paved and gravel surfaces shall be properly maintained to ensure that dirt,
mud, gravel or the like is not distributed onto roadways.
C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers
shall be parked or stored on the site.
D. Fuel sales shall not be permitted.
E. Maintenance of trucks and trailers shall not be permitted.
F. Facilities shall be required to landscape the yard area within the front setback to
provide for a double row of evergreen trees that are staggered and planted a
maximum of 12 feet on center. The side and rear yards shall be planted with a
single row of evergreen trees that are planted a maximum of 40 feet on center.
All trees shall be a minimum of four feet in height at the time of planting. The
Board of Supervisors may allow for alternative landscaping based on topography
and/or adjacent land uses.
G. A site plan in accordance with the requirements of Article VIII shall be submitted
to and approved by Frederick County.
Commissioner Morrison commented the Route 37 right-of-way should be minimal,
basically all the County can do at this time is notify the Applicant of the ROW. Mr. Cheran noted, that is
correct, and they would be made aware during the site plan process.
Mr. Cheran reported the Northeast Land Use Plan (NELUP) of the Comprehensive Plan
identifies this area of the County with an industrial land use designation; furthermore, the NELUP Plan
and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of
this property. A goal of the Area Plan and the County’s Eastern Road Plan is the implementation of
Route 37. Mr. Cheran noted; the conditions for this CUP do not provide for the acquisition of the future
Route 37 ROW. Mr. Cheran presented the Conditions for the CUP as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all
times.
2. A site plan shall be submitted and approved by Frederick County prior to the
establishment of this use on these properties. The site plan for the property
identified as 43-21-7 shall be designed to accommodate the future Route 37
ROW.
3. The site plan shall meet the requirements of the Frederick County Zoning
Ordinance Section 165-204-.24 tractor truck and tractor truck trailer parking.
Ms. Beth Lewin representing the Application came forward and gave a brief history of
the property. She noted she was not aware that a CUP was needed on her master development plan
however she wants to go through the proper channels. She stated the property is currently for sale
therefore this could be temporary.
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 public
comment portion of the hearing.
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Upon a motion made by Commissioner Cline and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #04-21 for C Clan, LLC submitted to construct a tractor truck and tractor truck
trailer parking facility. The subject properties are located on Ebert Road and are identified with Property
Identification Numbers 43-21-7 and 43-21-8 in the Stonewall magisterial District.
(Note: Commissioner Kozel was absent from the meeting)
Conditional Use Permit #05-21 for Corey Garrison submitted for the establishment of a boat repair
shop. The subject property is located at 7341 Northwestern Pike, Gore VA and is identified with
Property Identification Number 27-A-93 in the Gainesboro Magisterial District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a
Conditional Use Permit (CUP) for a boat repair shop; the subject property is located at 7341
Northwestern Pike, Gore, in the Gainesboro Magisterial District. He continued, the property is zoned RA
(Rural Areas) District, and the surrounding properties are zoned RA and have residential land uses. He
noted, the site previously operated as an automobile repair shop under an approved conditional use
permit. Mr. Cheran shared a location map of the property. He explained a boat repair shop is defined in
the Zoning Ordinance as: A structure or portion thereof, designed or used for servicing, repair or
equipping boats. Mr. Cheran commented, all boat repair uses shall meet the following requirements for
Supplementary Use Regulations – 165.204.33 boat repair shop:
A. All repair activities shall take place entirely within an enclosed structure.
B. All exterior storage of parts, equipment, and boats shall be 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.
C. 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.
Mr. Cheran presented the conditions for this CUP as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all
times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick
County and all improvements completed prior to the establishment of the use.
3. This use shall meet the requirements of the Frederick County Zoning Ordinance
Section 14-204.33 boat repair shop.
4. Hours of operation shall not exceed 8 a.m. to 8 p.m. Monday through Sunday.
5. Any proposed business sign shall be monument style not to exceed twenty-five
(25) square feet in size and ten (10) feet in height.
6. No more than two (2) employees with this CUP.
7. Conditional Use Permit #04-01 shall be void upon approval of this Conditional
Use Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit.
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Commissioner Thomas asked if the Applicant understands and agrees to the conditions of
this CUP; Mr. Cheran commented yes, he does.
Mr. Corey Garrison, the Applicant came forward and shared the need of this building to
operate his boat business. He noted, he will adhere to the conditions as they are very simple.
Chairman Kenney asked if all work will be done inside the building. Mr. Garrison stated
yes, and he has put up a fence so that a couple boats can be placed there while waiting for repair.
Commissioner Jewell asked what are the sizes of the boats being worked on. Mr. Garrison commented
they are various sizes.
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 public
comment portion of the hearing.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #05-21 for Corey Garrison submitted for the establishment of a boat repair
shop. The subject property is located at 7341 Northwestern Pike, Gore VA and is identified with Property
Identification Number 27-A-93 in the Gainesboro Magisterial District.
(Note: Commissioner Kozel was absent from the meeting)
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INFORMATION/DISCUSSION
Clarke County request for Water and Sewer Service in the Double Tollgate Area
Candice E. Perkins, Assistant Director, reported Frederick County has received a request
from Clarke County to authorize Frederick Water to provide public water and sewer service for
approximately 350+/- acres (zoned Highway Commercial) in the Double Tollgate area. Specifically, this
area is located at the intersection of Stonewall Jackson Highway (Route 522), Lord Fairfax Highway
(Route 340), and Fairfax Pike (Route 277). She continued, the requested water and sewer capacity is
150,000 gallons per day. Currently, Frederick Water provides public water service to the former “Camp 7
State Correction Facility” property in Clarke County. Ms. Perkins explained, Frederick County’s Sewer
and Water Service Area (SWSA) is a growth boundary, and as outlined in the 2035 Comprehensive Plan,
it designates the limit of where public water and sewer could be extended; the County’s current SWSA
boundary for this area surrounds only the Lake Frederick development. She continued, the Crooked Run
Wastewater Treatment Plant (CR-WWTP) provides sewer service to Lake Frederick and is located within
this development; a 12” water main currently exists along Route 277 to the Clark County line and the new
elevated water tank is located in the vicinity. She shared a map of the Southern Frederick Land Use Plan.
Ms. Perkins reported, the Double Tollgate area requested by Clarke County is not
adjacent to the limits of the SWSA, as shown in the Southern Frederick Land Use Plan (SFLUP). There
are approximately 200 acres at the corner of Route 522 and Route 277 in Frederick County that are
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outside the current limits of the SWSA which lie between the Crooked Run SWSA and the requested
Clarke County properties; the properties in Frederick County are planned for future mixed use and
industrial. Ms. Perkins noted, in reviewing this request, Staff worked with Frederick Water to identify
what would be necessary to serve the Clarke County request and scenarios that would facilitate service to
both Clarke County and areas of Frederick County identified in the Southern Frederick Plan that are
outside the current limits of the Comprehensive Plan. Ms. Perkins presented the various scenarios:
• Scenario1 – 350 acres in Clarke County at Double Tollgate – 150,000 GPD
Water service is available via a 12” water main adjacent to Route 277
Sewer flows accommodated most easily at CR-WWTP
Sanitary sewer infrastructure would need to be constructed to convey the
flows from the Clarke County properties to CR-WWTP
The CR-WWTP would need to be upgraded/expanded to accommodate
the additional wastewater flows. The developer of Lake Frederick, by
existing agreement, would be the party responsible for granting
permission to utilize the CR-WWTP as well as for the financing the
upgrading to the CR-WWTP
Clarke County and Lake Frederick’s developer will need to achieve an
agreement regarding access to CR-WWTP and funding the treatment
plant upgrade to accommodate the 150,000 GPD
• Scenario 2 – Clarke County properties and the area south of Route 277 that
adjoins the Crooked Run SWSA
Clarke County’s request for 150,000 GPD sewer services, and the
potential for up to 100,000 GPD of water/sewer to support approximately
300-acres in Frederick County
Water service is available via a 12” water main adjacent to Route 277
Combined flow of 250,000 GPD, this sanitary sewer flow increase may
be too much for an expanded CR-WWTP to accommodate due to the
plant’s limited discharge abilities; this could overwhelm the existing
receiving creek
Further studies, DEQ discharge permit amendments, and an agreement
with Lake Frederick’s developer and Clarke County would be necessary;
CR-WWTP upgrade would be needed and CR-WWTP would
presumably operate more efficiently with the increased sanitary flows
The alternative wastewater treatment solution for Scenario 2 would be at
the Parkins Mill Wastewater Treatment Plant (PM-WWTP)
PM-WWTP has adequate available treatment capacity; although the
limited projected sanitary sewer flows (250,000 GPD) would probably
not support the necessary financial investment to construct the sanitary
sewer pump station, force main, and gravity line needed to convey the
wastewater to PM-WWTP
• Scenario 3- Clarke County’s request and the Route 277 “Triangle Area”
Potential for up to 1.3 MGD of water/sewer to support approximately
700-acres of SWSA expansion within the 277-triangle area.
The expanded SWSA when combined with Clarke County’s flow brings
additional wastewater treatment demands to 1.5 MGD; sanitary sewer
flows would need to be conveyed to PM-WWTP
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PM-WWTP has adequate available treatment capacity in the short term
but would require an expansion in the future
At least two sanitary sewer pump stations, force mains, and a gravity
sewer line would need to be constructed to convey the wastewater to
PM-WWTP
Ms. Perkins concluded, the Comprehensive Plans and Programs Committee (CPPC)
discussed this request and the three scenarios at their meeting on May 10, 2021:
• The CPPC did support provision of services to Clarke County but felt that
opportunities for properties in Frederick County should also be a focus
• With Scenario 1, the Crooked Run Plant, even if expanded could only
accommodate the acreage of the Clarke County properties
• With Scenario 2, the CPPC felt this would not be a viable option due to the cost
to extend lines to the Parkins Mill Treatment Plant for this limited acreage
• Consensus of the CPPC was to support Scenario 3. This scenario, while having a
large associated cost, is the preferred option due to the potential for economic
opportunities that could be developed in an area that has been planned for
industrial uses for many years
Commissioner Mohn asked for clarification that the CPPC endorsed Scenario 3. Ms.
Perkins stated that is correct. Commissioner Oates noted the CPPC also had consensus that if it goes to
Scenario 3 may stop short of getting into the housing development and mainly have for the
industrial/commercial use. Ms. Perkins commented the main focus would have been the
commercial/industrial possibly with such a large undertaking it may necessitate going back for further
study. Commissioner Thomas inquired, Clarke County is requesting 150,000 GPD; would we have a
hard shutoff when they reach that mark. Ms. Perkins stated yes unless it came back to the Board of
Supervisors with a request for more. Commissioner Mohn asked if the agreement would be between the
Board of Supervisors and Clarke County. Ms. Perkins noted, the agreement would be between the parties
that own the plant and the requestor of the use.
This item was forwarded to the Board of Supervisors with a favorable consensus.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Manuel to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously
passed. The meeting adjourned at 7:45 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary