PC 09-21-22 Meeting Minutes
Frederick County Planning Commission Page 3973
Minutes of September 21, 2022
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 September 21, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District ; William A.
Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Betsy
Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro
District; Jason Aikens, Gainesboro District; Kathleen Dawson, Red Bud District; Charles Markert, Red
Bud District; Roderick B. Williams, County Attorney.
ABSENT: Robert S. Molden, Opequon District; Elizabeth D. Kozel, Shawnee District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; Mark R. Cheran,
Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Amy
Feltner, Planner I; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the September 21, 2022 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Thomas and seconded by Commissioner Manuel
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MEETING MINUTES
Upon motion made by Commissioner Kerns and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the August 17, 2022 meeting.
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Minutes of September 21, 2022
COMMITTEES
Frederick Water – Mtg. 09/20/22
Chairman Jewell reported the Board of Directors approved the Reserve Policy and
immediately funded from existing reserves its components which include, Debt Service Reserve,
Operating Capital and Replacement Reserve, Operating Reserve, and the CIP Reserve. He continued, the
Board authorized the advertisement for construction bids to replace the Welltown Pike Water Main.
Chairman Jewell share the August operations report.
City of Winchester – Mtg. 09/20/22
Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the
Commission tabled an application rezone land on National Avenue (old Smalt’s Florist) and they
reviewed a text amendment pertaining to Planned Unit Development Overlay District requirements.
Board of Supervisors
Supervisor Ludwig reported, the Board of Supervisors held a work session and there was
not a consensus on the tax rebates to date. He share an overview of the regular meeting.
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CITIZEN COMMENTS
Chairman Jewell 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.
Tim of the Back Creek District came forward and shared is concerns with the dilemma on
Wayne’s Lane and disagreed with comments made at the last meeting. He feels Scenario B is
discriminative and all parties should be treated fairly. No one else came forward to speak and Chairman
Jewell closed the public comments portion of the meeting.
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PUBLIC HEARING
Rezoning #08-22 of Metromont submitted to rezone +/- 20-acres (north parcel PIN 43-A-22) from
RA (Rural Areas) District to the M2 (Industrial General ) District with proffers and +/- 24.72-acres
(south parcel PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers
for a total of 44.72-acres. The proposed rezoning seeks to enable the expansion of an
existing/adjoining industrial manufacturing operation in the Stonewall Magisterial District.
Action – Recommend Approval
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Minutes of September 21, 2022
M. Tyler Klein, Senior Planner, reported this is a proposal to rezone +/- 20-acres from the
RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres from
the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The
proposed rezoning would enable the expansion of an existing/adjoining industrial (precast concrete
manufacturing and storage) in the Stonewall Magisterial District. He shared a zoning map of the
property. Mr. Klein explained the Land Use Compatibility:
• The Comprehensive Plan and Northeast Land Use Plan identifies the north parcel
(PIN 43-A-22, currently zoned RA) with an “industrial” land use designation.
o The proposed M2 zoning is compatible with the Plan.
• The Comprehensive Plan identifies the south parcel (PIN 54-A-11, currently
zoned B2) with a “business” land use designation.
o The proposed M2 zoning is incompatible with the Plan.
Mr. Klein presented map of the Long Range Land Use. He shared the revised Proffer
Statement that was received on September 21, 2022 and the Generalized Development Plan:
• Limit on M2 uses
Prohibited: Meat products, grain mill products, fats and oils, canned and cured
fish and seafood, fresh or frozen fish and seafood, wood preserving, paper and
allied products, petroleum refining and related industry, leather and leather
products, asbestos products, primary metal industry, gas systems contract
conversion from manufactured to natural gas, junkyards and automobile
graveyards, manufacturing or wholesaling of explosives.
• Tree save area
• Restrict access on secondary Route 522 entrance to utility access & service only
Commissioner Kerns asked if the regular buffer would remain and if there will be any
restrictions on operations regarding time of day. Mr. Klein stated the Applicant has proffered to save the
tree area and there is no restriction on the time of day.
Ty Lawson, representing the Applicant came forward and shared a brief presentation of
the project. He addressed the comments and concerns from Planning Commission Members. He noted
the goal is to continue the Shockey operation. He shared photos of the proposed area along with a
description of each. Mr. Lawson concluded by explaining the proffer revisions made on today.
Chairman Jewell asked what will be going in and out of the entrance on Route 522 and
noted the speed changes at that location. Mr. Lawson explained that will be used for utility companies
only and not used by trucks from the business.
Chairman Jewell 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 Jewell closed the public
comment portion of the hearing.
Commissioner Thomas commented this is a valid expansion of business and a good use
of the land in that area. Commissioner Kerns noted he appreciated the changes made to the proffers by
the Applicant. Commissioners Orndoff and Brannon stated this is a good expansion.
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Upon a motion made by Commissioner Kerns and seconded by Commissioner Brumback
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #08-22 of Metromont submitted to rezone +/- 20-acres (north parcel PIN 43-A-22) from RA
(Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres (south
parcel PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of
44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial
manufacturing operation in the Stonewall Magisterial District
(Note: Commissioner Molden and Commissioner Kozel were absent from the meeting)
Conditional Use Permit #06-22 for Kimerly Henry submitted to construct a 180-foot monopole type
communication tower. The property is located and fronts Fort Collier Road, back side is Baker
Lane and is adjacent and north of the Winchester Eagles Club, Winchester, Virginia and is
identified with Property Identification Number 54-A-97F in the Stonewall Magisterial District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a
Conditional Use Permit (CUP) for a 180-foot monopole-type commercial telecommunication tower. The
+/- 7.97-acre property fronts on Baker land and Fort Collier Road in the Stonewall Magisterial District
and is zoned B2 (General Business). He shared a location map of the property. Mr. Cheran continued,
the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the B2
(General Business) Zoning District with an approved Conditional Use Permit (CUP). This proposed 180-
foot monopole-type commercial telecommunication facility will be located on property that is within the
Urban Development Area (UDA) and Sewer Water Service Area (SWSA) identified within the
Comprehensive Plan; and is located within the Eastern Frederick County Long Range Land Use Plan. He
noted, this area of the County is intended to remain commercial in nature.
Mr. Cheran shared, the properties adjacent to this proposed CUP are zoned B2/B3 and the
nearest residential dwellings are approximately 1,000 feet to the west and east of this property. He
explained, the Frederick County Zoning Ordinance requires an Applicant to provide confirmation that an
attempt was made to collocate on an existing telecommunication facility, and possible collocation
structures. The Applicant has provided and inventory of existing telecommunication facilities, and no
other telecommunication facility or possible collocation opportunity structures exist in this area. Mr.
Cheran presented the following conditions as suggested by Staff:
1. All review agency comments and requirements shall be complied with at all
times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve
(12) months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months
of the approval of this Conditional Use Permit, the CUP will be deemed invalid.
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Minutes of September 21, 2022
6. Any expansion or modification of this use will require a new Conditional Use
Permit.
Commissioner Brannon asked if the map in the Application packet includes adjacent
property. Mr. Cheran stated that is correct. Commissioner Brannon asked if the approved site plan
process will fall within the twelve (12) month window. Mr. Cheran responded yes, site plans are
reviewed by Staff on a regular basis.
Chairman Jewell 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 Jewell closed the public
comment portion of the hearing.
Commissioner Kerns commented 180-feet is a significant height and he did review the
viewshed and it appears out of that area. Commissioner Brannon stated this tower will improve
telecommunications in the area.
Upon a motion made by Commissioner Kerns and seconded by Commissioner Orndoff
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #06-22 for Kimerly Henry submitted to construct a 180-foot monopole type
communication tower. The property is located and fronts Fort Collier Road, back side is Baker Lane and
is adjacent and north of the Winchester Eagles Club, Winchester, Virginia and is identified with Property
Identification Number 54-A-97F in the Stonewall Magisterial District.
(Note: Commissioner Molden and Commissioner Kozel were absent from the meeting)
Conditional Use Permit #07-22 for Open Door Baptist Church submitted for a Daycare Facility.
The property is located at 281 Jeremiah Lane, Clearbrook, Virginia and is identified with Property
Identification Number 33-A-123A in the Stonewall Magisterial District.
Action – Recommend Approval
Kayla Peloquin, Planner I, reported this Conditional Use Permit (CUP) application is for
a day-care facility. She continued, the Applicant proposed the following:
• Having up to seventy-four (74) children and thirteen (13) staff member utilizing
the existing residential dwelling as the day-care facility.
• Hours of operation between 7:30 AM – 5:30 PM, Monday through Friday
• The existing Church entrance and driveway will be utilized for vehicles to loop
around the Church and exit back onto Jeremiah Lane for pick-up and drop-off.
Ms. Peloquin presented a sketch map of the property. She continued, the Zoning
Ordinance (§165-101.02) defines a day-care facility as: “A facility in which more than five (5) children
and/or adults, not including persons who are related by blood, marriage, or adoption to the people who
maintain the facility, are received for care, protections, and guidance during only part of the twenty -four
(24) hour day; A day-care facility is allowed within the RA (Rural Areas) District with an approved CUP;
and the Comprehensive Plan designates this parcel as for business. Ms. Peloquin presented the conditions
recommended by Staff for this CUP:
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Minutes of September 21, 2022
1. All review agency comments and requirements shall be complied with at all
times.
2. The Applicant shall satisfy the licensing requirements of the Virginia Department
of Social Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the
Frederick County Zoning Ordinance, shall be submitted to and subject to
approval by Frederick County prior to establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property
not to exceed 50 sq. ft. and not to exceed 12 ft. in height.
5. Any expansion or change of the use will require a new CUP.
Commissioner Orndoff asked is this was a house being turned into a daycare and if the
staff members were satisfied with the number of children being proposed. Ms. Peloquin stated that is
correct and she has not been made aware of any employees who have voiced concerns. Commissioner
Thomas asked if the Applicant understands the cost of improving the septic. Ms. Peloquin state they are
aware. He asked if the Applicant has met with Fire and Rescue for an evacuation plan. Ms. Peloquin
commented yes, they have, and they cannot move forward until this CUP is approved.
Chairman Jewell 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 Jewell closed the public
comment portion of the hearing.
Commissioner Brannon commented this is a good idea and the area is in need of a nice
daycare. Commissioner Brumback inquired about the number of children currently at the church and
noted the CUP appears to drastically increase this amount. The Applicant commented that is correct.
Commissioner Kerns shared his concern with traffic in this area. The Applicant stated there are not traffic
issues so far and most of their clients come from West Virginia.
Upon a motion made by Commissioner Kerns and seconded by Commissioner Orndoff
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #07-22 for Open Door Baptist Church submitted for a Daycare Facility. The
property is located at 281 Jeremiah Lane, Clearbrook, Virginia and is identified with Property
Identification Number 33-A-123A in the Stonewall Magisterial District.
(Note: Commissioner Molden and Commissioner Kozel were absent from the meeting)
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ACTION ITEM
Rezoning #07-22 for Renaissance 65, LLC and Renaissance 35, LLC – this is a proposed rezoning to
amend the proffer statement approved with REZ #04-17 (Carbaugh Business Center). The
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Minutes of September 21, 2022
proposed minor proffer amendment seeks to remove the restriction on the number of entrances
allowed from future Renaissance Drive.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported the proposed rezoning seeks to modify the
proffer statement with REZ #04-17 (Carbaugh Business Center), to remove the restriction on the number
of entrances allowed from future Renaissance Drive. He noted , no other provisions in the approved
proffer statement (zoning, buffers/screening) are proposed to be amended. He shared zoning map of the
property. Mr. Klein share, there is one (1) outstanding issue noted in the Staff report regarding the
potential need for future turn lanes; this issue has been resolved through notation on the pending site plan
for the subject property.
Upon a motion made by Commissioner Brannon and seconded by Commissioner
Brumback
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #07-22 for Renaissance 65, LLC and Renaissance 35, LLC – this is a proposed rezoning to
amend the proffer statement approved with REZ #04-17 (Carbaugh Business Center). The proposed
minor proffer amendment seeks to remove the restriction on the number of entrances allowed from future
Renaissance Drive.
(Note: Commissioner Molden and Commissioner Kozel were absent from the meeting)
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OTHER
Wyatt G. Pearson, Director, shared an update of the Planning Departments current
applications and he informed every one of the upcoming NELUP community meetings being held in
October and encouraged everyone to attend.
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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 Orndoff and unanimously
passed. The meeting adjourned at 8:00 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary