PC 11-17-21 Meeting MinutesFrederick County Planning Commission Page 3865
Minutes of November 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 November 17, 2021.
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; John F. Jewell, Member-At-Large; Gary R. Oates, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek
District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Charles E.
Triplett, Gainesboro District.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director Transportation; M.
Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the November 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 Oates and seconded by Commissioner Manuel the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
-------------
COMMITTEES
Frederick Water – Mtg. 11/16/21
Commissioner Jewell reported, the Frederick Water Board accepted the FY2021 Finance
Statements and Reports; approved the Federal Grants Policy and revised Procurement Policy; and
authorized the amended Abrams Creek West Water and Sewer Agreement. He shared the October
operations report.
Frederick County Planning Commission Page 3866
Minutes of November 17, 2021
Historic Resources Advisory Board – Mtg. 11/16/21
Commissioner Molden reported, the Board reviewed a Conditional Use Permit for
Redbud Run Solar project located on three parcels of land that total 264 acres and is located on the
eastern side of Woods Mill Road, north of Pine Road, approximately 0.5 miles north of Berryville Pike in
the Stonewall Magisterial District.
Transportation Committee
Commissioner Oates presented a brief overview of the Transportation Forum that was
held on October 26 and stated it had a good turnout of people.
City of Winchester – Mtg. 11/16/21
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
Commission held public hearings for a Conditional Use Permit and an Ordinance Amendment. They also
did a resolution forwarding the 2021 Comp Plan to Council.
-------------
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
Conditional Use Permit #08-21 for Southern States Winchester Cooperative, Inc. submitted to
construct an agricultural supply cooperative facility. The subject property is located at 5844 Valley
Pike, Stephens City and is identified with Property Identification Number (PIN) 85-A-46A in the
Opequon Magisterial District.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
John A. Bishop, Assistant Director Transportation, reported this is a request for a
Conditional Use Permit (CUP) to gravel a lot and add a sales building adjacent to the existing Southern
States facility. The property is located in the Opequon magisterial district at 5844 Valley Pike. He noted,
the proposed expansion is located on a 5.064 acre parcel that is zoned RA (Rural Areas) and is currently
vacant. He clarified, this is in no way tied to a previous Ordinance Amendment for fuel sales. Mr.
Frederick County Planning Commission Page 3867
Minutes of November 17, 2021
Bishop shared a locations map of the property. He explained, this proposal is an expansion of Southern
States Coop operations; a roadway will be constructed connecting this property to the existing operations
for access purposes; it will have a gravel lot; a sales building will be constructed; and it will have a place
for fuel storage. A sketch plan of the proposal was presented. Mr. Bishop share the conditions of this
proposal as recommended by Staff.
1. All review agency comments shall be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to the establishment of the use. The site
plan shall address additional regulations for specific uses outlines in §165-
204.34 of the Frederick County Zoning Ordinance and be in general
conformance with the sketch plan for Conditional Use Permit for Southern
States, included with the CUP application, prepared by Greywolfe, Inc., dated
July 26, 2021.
3. Any expansion or modification of this land use will require the approval of a
new CUP.
4. To comply with the HRAB comments, the Applicant shall incorporate a
vegetative buffer of 1 native species tree per 40 feet along US 11 frontage.
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 Thomas and seconded by Commissioner Jewell
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #08-21 for Southern States Winchester Cooperative, Inc. submitted to
construct an agricultural supply cooperative facility. The subject property is located at 5844 Valley Pike,
Stephens City and is identified with Property Identification Number (PIN) 85-A-46A in the Opequon
Magisterial District.
Conditional Use Permit #09-21 for KSS, LC submitted for establishment of a special event facility
on 303.81+/- acres in the RA (Rural Areas) Zoning District. The subject property is located at 1454
Apple Pie Ridge Road (Route 739) and is identified with Property Identification Number (PIN) 42-
A-356 in the Stonewall Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit
(CUP) to allow for a special event facility. The property is located at 1454 Apple Pie Ridge Road in the
Stonewall magisterial district. He continued, this proposed special event facility is located on a 303.81+/-
acre property that is zoned RA (Rural Areas) Zoning District and is primarily used for residential and
agricultural purposes. He shared a location map of the property. Mr. Klein share the specifics of this
proposal: use of existing barn for event space; events to accommodate up to 200 persons; outside food
and beverages (no on-site facilities); designated parking area (100 spaces); portable restroom facilities;
events held May through October (anticipated bi-monthly). Mr. Klein presented aerial photos of the
property. He shared the conditions of this CUP as recommended by Staff.
Frederick County Planning Commission Page 3868
Minutes of November 17, 2021
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance and addressing additional regulations for
specific uses contained in §165-204.30, shall be submitted to and approved by
Frederick County prior to the establishment of the use.
3. A modified commercial entrance, meeting all Virginia Department of
Transportation (VDOT) standards, shall be permitted and installed within one (1)
year of the approval of this CUP.
4. Events shall start no earlier than noon and all events and related activities shall
conclude by 11 p.m. Amplified outdoor music shall conclude by 9 p.m.
5. Special events may accommodate up to and not to exceed 200 persons.
6. One (1) monuments style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet in height is permitted.
7. Any expansion or modification of this use will require the approval of a new
CUP.
Ms. Katherine Solenberger, the Applicant came forward and share a brief overview of the
intent of the proposal. She requested approval so that she can continue to share the beauty of this historic
property. Commissioner Jewell asked if the entrance would be adjusted. She stated she has met with
VDOT and Carrol Construction and will be preparing and easement and she will be responsible for
maintaining the entrance and road.
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 Oates and seconded by Commissioner Jewell
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #09-21 for KSS, LC submitted for establishment of a special event facility on
303.81+/- acres in the RA (Rural Areas) Zoning District. The subject property is located at 1454 Apple
Pie Ridge Road (Route 739) and is identified with Property Identification Number (PIN) 42-A-356 in the
Stonewall Magisterial District.
-------------
OTHER
Mr. Wyatt G. Pearson, Director, shared an application for Secure Store, a self-storage
facility which is at the corner of Warrior Drive and Tasker Road was approved. He noted the two CUP’s
that came through the Planning Commission were both postponed for 90 days by the Board of
Supervisors; the Comprehensive Plan update was approved; and the Hayfield Ag & Forestal District was
approved.
-------------
Frederick County Planning Commission Page 3869
Minutes of November 17, 2021
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 Manuel and unanimously
passed. The meeting adjourned at 7:20 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
___________________________
Roderick B. Williams, Secretary