PC 12-07-22 Meeting Minutes
Frederick County Planning Commission Page 3985
Minutes of December 7, 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 December 7, 2022.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H.
Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro
District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Kathleen Dawson,
Red Bud District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Mollie Brannon, Back Creek District.
STAFF PRESENT: Wyatt G. Pearson, Director; Amy Feltner, Planner I; Kayla Peloquin, Planner I;
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the December 7, 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 Orndoff and seconded by Commissioner Thomas
the Planning Commission unanimously adopted the agenda for this evening’s meeting with a change to
defer item 6A Rezoning #10-22 for Fruit Hill (Equus Capital Partners, Ltd., DTS LC, and William O.
Minor) for 60 days per the Applicant request.
MEETING MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel, the
Planning Commission unanimously adopted the minutes from the September 21, 2022 meeting.
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Minutes of December 7, 2022
COMMITTEES
DRRC – Mtg. 11/21/22
Commissioner Kozel reported the committee discussed three items: An Amendment to
Zoning Ordinance – OM (Office-Manufacturing) Park District to expand allowed uses and remove district
design requirement, this will come forward to the Planning Commission in January 2023; Amendments to
Zoning Ordinance – Signs to implement “content-neutral” sign requirements, this items will go back to
the DRRC for further discussion in January; and an Amendment to Subdivision Ordinance – Utilities and
Easements to allow for overhead utilities under certain circumstances with the approval of a waiver by the
Board of Supervisors, this item will go back to the DRRC for further discussion in January.
Frederick Water
Chairman Jewell reported the monthly water production was 6.9 mgd and the quarries are
in excellent shape. He noted, the Board of Directors approved FY 2022 Financial Statements and
approved various fee adjustments as well as land to utilize the City of Winchester water and sewer
services.
City of Winchester – Mtg. 11/15/22
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
Commission tabled 126 townhouses near O’Sullivan plant; Greenspace requirements were discussed; and
a request to vacate an alley off Whitlock Avenue was denied.
Board of Supervisors
Supervisor Ludwig reported, the Board of Supervisors at the October 26, 2022 meeting
approved to rebate the personal property tax however the amount is yet to be determined and will be
discussed further.
Other
Mr. John Foot, of Walsh, Colucci, Lubeley, & Walsh P.C., representing the Applicant
for the Fruit Hill application came forward and shared the reasoning for the sixty day deferral. He
explained, there was a new proffer proposed with physical construction of improvements to roads in the
area that were not listed before; this has not been reviewed by the County attorney or Staff. He
continued, there has been some confusion on his part that the reason there is no TIA finalized is because
there have been ongoing discussions between VDOT and Kittleson and Associates (traffic consultant) that
the modeling originally done is not correct and the models do not work. He concluded, they would prefer
to bring this item back to the March 1, 2023 meeting in hopes of bringing back something better prepared.
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Minutes of December 7, 2022
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.
Gary Oates of the Stonewall District came forward and commented, he chaired the
NELUP committee that consisted of five members who spent a lot of time working through the plan. He
continued, there are two maps coming forward tonight; one that came out of the CPPC and one that Staff
is recommending. He feels it is important to point out there is a third map that the citizen that live in that
area camp up with. He noted, in the end, the committee had a plan they could stand behind.
Lisa Corrick of the Stonewall District came forward and shared that she strongly opposes
the Fruit Hill rezoning; having warehouses and truck traffic so close to the neighborhoods is not ideal.
She is concerned with this project affecting property values and residents’ quality of life as well as the
negative impacts on the roads. Ms. Corrick commented regarding the NELUP survey and the three things
that were deemed most important: the preservation of agricultural land; the protection of natural historic
resources; and managing truck traffic and road access. She stated she feels the Fruit Hill project
represents the opposite of these three items.
Michael Vorhees of the Stonewall District came forward and share is concerns with the
sewer and water service being made available to all in the area and noise and light pollution. He
understands a lot of time has been spent on the NELUP and commented that does not mean it is always
the right ideas.
Janice Wade of the Gainesboro District commented she is against extension of the
mining, and she urges the Board of Supervisors to look at the reflection of the surveys that were taken.
Brenda Fristoe of the Stonewall District shared she was part of the citizen work group for
the NELUP. She presented an overview of what the work group had as their goal. She requested the
Planning Commission reject the requests for extractive mining and designate the area as mixed use and
industrial office which limits noise, pollution, and traffic.
Arthur Bragg of the Stonewall District shared is concerns with the expansion of mining
operations in the area as well as tunnel safety in and around that area. He feels traffic will drastically
increase which will be a burden to the community.
Adam Kibler came forward and shared the property being proposed for mining backs up
behind his property; he is concerned with the sizes of the warehouses that will be placed there. He asked
about a waterway that exists and is curious where the water will go if warehousing is constructed.
Mike Webber of the Stonewall District commented regarding the NELUP; there is no
mention of maintaining agriculture in the plan. He is concerned that agricultural land is becoming
obsolete in Frederick County and feels the infrastructure is not in place for the proposed NELUP.
Charlie Barber of the Gainesboro District shared is complaints of the noise, pollution,
traffic and overall quality of life being affected by the ongoing mining. He stated he completely opposes
any expansion of Carmeuse.
Terry Frye of the Stonewall District commented he moved to the area for the rural
setting, and he opposes the NELUP.
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Minutes of December 7, 2022
Logan Thompson, Operations Manager for Carmeuse came forward and shared a brief
overview of the business and its intent going forward. He noted this area has large and unique limestone
reserves that makes the 400 acres ideal to be changed to EM zoning which would reduce truck traffic. He
commented regarding the stockpiles; they will be reducing the height of these after hearing from citizens
and in the future, they will not be as tall. He concluded, Carmeuse looks forward to continuing support of
the County and working with the citizens to accomplish this.
Janice Dixon of the Stonewall District stated she opposes the NELUP. She referenced
the hazards of Carmeuse such as water supply, noise, and the traffic impacts.
No one else came forward to speak and Chairman Jewell closed the public comments
portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #10-22 for CClan, LLC submitted to construct a tractor truck and tractor
truck trailer parking facility. The subject property is located north of Route 11 (Martinsburg Pike)
and Milton Ray Drive and immediately south of Interstate 81 and is identified with Property
Identification Number 43-21-6 in the Stonewall Magisterial District.
Action – Recommend Approval
Amy Feltner, Planner I, reported this is a request for a Conditional Use Permit (CUP) for
a truck and trailer truck parking. The subject property is located on Milton Ray Drive, in the Stonewall
Magisterial District and the Property Identification Number (PIN) 46-21-6. She shared a location map of
the property and a proposed layout exhibit. Mrs. Feltner continued, tractor truck and trailer truck parking
is only permitted as a Conditional Use in the M2 (General Industrial) zoning district; the property is
zoned M2, and the current land use is vacant. She noted, the surrounding properties are zoned M2 and
utilized for industrial purposes; the adjacent two parcels have recently been approved for tractor truck and
tractor truck trailer parking under CUP #04-21 (July 14, 2021) by the same applicant. Mrs. Feltner shared
the §165-204.24 Supplementary Use Regulations:
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.
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Minutes of December 7, 2022
G. A site plan in accordance with the requirements of Article VIII shall be
submitted to and approved by Frederick County.
Mrs. Feltner reported, the Northeast Land Use Plan (NELUP) of the Comprehensive Plan
identifies this area of the County with and industrial land use designation. Furthermore, the NELUP and
the Easter 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.
Mrs. Feltner concluded, should the Planning Commission find this use appropriate, Staff would
recommend the following conditions be placed on the CUP:
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 43-21-6 shall be designed to accommodate the future Route 37
right-of-way.
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.
4. Any expansion or change of use will require a new CUP.
Commissioner Thomas commented the second condition depicts the future Route 37
right-of-way; he asked what the purpose is of showing that on the plan. Mrs. Feltner explained that is in
place to ensure that the Applicant is aware that it is there. Chairman Jewell inquired if there is a logging
operation in the back of the property and is it part of the application or are they clearing the land. Ms.
Beth Lewin, the Applicant came forward and explained the logging area is for log storage and has been
there for approximately twelve years; the intent is for them to move the logs and the truck parking would
be in that spot. Chairman Jewell asked how many tractor trailers will be in and out of the property on a
daily basis. Ms. Lewin commented it is a little seasonal and at peak usage it could be roughly 40-50.
Commissioner Brumback asked if the parking lot would be in the flood plain; on the
mapping provided it appears to be. Ms. Lewin commented the area proposed does not affect the flood
plain. Marisa Whitacre, of Greenway Engineering and representing the Applicant commented they are
trying to avoid the flood plain and stay outside of it. Wyatt G. Pearson, Director, noted this can be
addressed at the site plan stage. Commissioner Thomas asked the applicant if they recognized that the
future Route 37 could be on this property. Ms. Lewin stated she is well aware of this. Commissioner
Orndoff requested clarification if the logging operation would be removed from the property. Ms. Lewin
stated that is correct.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Mike Webber of the Stonewall District shared his concerns with traffic in this area and
noted there should be a stop light at the entrance.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
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Commissioner Thomas stated he is confused about the mapping provided. Mr. Pearson
explained there are two maps; one is for the flood way and the other is the flood plain. The intent is to
stay outside of the flood way entirely.
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of
Conditional Use Permit #10-22 for CClan, LLC submitted to construct a tractor truck and tractor truck
trailer parking facility. The subject property is located north of Route 11 (Martinsburg Pike) and Milton
Ray Drive and immediately south of Interstate 81 and is identified with Property Identification Number
43-21-6 in the Stonewall Magisterial District.
YES: Brumback, Marker, Dawson, Molden, Thomas, Jewell, Orndoff, Kerns, Manuel, Kozel, Aikens
NO: Triplett
(Note: Commissioner Brannon was absent from the meeting)
Conditional Use Permit #11-22 for Richard and Margaret Byess submitted for a Humanitarian aid
organizational office. The property is located at 1107 Cedar Creek Grade, Winchester, Virginia.
The property is identified with Property Identification Number 63-A-2F in the Back Creek
Magisterial District.
Action – Recommend Approval
Kayla Peloquin, Planner I, reported this Conditional Use Permit (CUP) application is for
a humanitarian aid organizational office. The 5.0 acre +/- property is located at 1107 Cedar Creek Grade
in the Back Creek Magisterial District, it is zoned RA (Rural Areas), and the Property Identification
Number (PIN) is 63-A-2F. Mrs. Peloquin explained the Applicant proposes the following:
• Utilizing an existing barn on the property for an office space and storage area for
donated home furnishings.
• Using the driveway to access the barn that also serves the owner’s residence.
• Access to the barn will be limited to staff/volunteers of partner organizations
during scheduled hours and those brining donations.no more than 2 employees
working part-time as well as 10-12 volunteers on a rotating/periodic basis.
Mrs. Peloquin presented a location map of the property. She continued, the Zoning
Ordinance (§165-101.02) defines a humanitarian aid organizational office as “A charitable organization
established to provide relief assistance to an identified distressed, underprivileged group. Relief would be
provided in such forms as clothing, medical supplies, or educational contributions. The organization must
provide a public beneficial interest to the community.” A humanitarian aid organizational office is
allowed in the RA District with a CUP. She noted, the Comprehensive Plan intends for this parcel to
remain rural, and the proposed use is consistent with that goal. Mrs. Peloquin concluded, should the
Planning Commission find this use appropriate, Staff would recommend the following conditions be
placed on the CUP:
1. All review agency comments and requirements shall be complied with at all
times.
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Minutes of December 7, 2022
2. A minor site plan shall be approved by Frederick County prior to the
establishment of this use. All supplementary use regulations in §165-204.09
shall be addressed.
3. No residential uses are permitted in any accessory structures on the property.
4. Any expansion or change of use will require a new CUP.
Mrs. Peloquin noted, condition #3 was added after the formal agenda was sent to the
Planning Commission Members.
Commissioner Brumback asked if the schedule hours would typically be during the day.
Mr. Byess, the Applicant came forward and shared an overview of the proposed use; he noted the hours of
operation have not been determined yet. Commissioner Thomas asked what would be done in the
building. Mr. Byess explained, this is an existing program, the building will be storage area for
donations.
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 the only impact would be at the entrance and that has
already been approved by VDOT. Commissioner Brumback stated it was previously a farm market so
she feels this will be fine in regards to the traffic and entrance.
Upon a motion made by Commissioner Brumback and seconded by Commissioner
Markert
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #11-22 for Richard and Margaret Byess submitted for a Humanitarian aid
organizational office. The property is located at 1107 Cedar Creek Grade, Winchester, Virginia. The
property is identified with Property Identification Number 63-A-2F in the Back Creek Magisterial
District.
(Note: Commissioner Brannon was absent from the meeting)
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ACTION ITEM
Waiver Request for Willow Run Project – request to waive the public road requirement and allow
Willow Run to utilize private roads.
Action – Recommend Approval
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
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Minutes of December 7, 2022
Amy Feltner, Planner I, reported this is a request to waive the public street requirements
required in the Subdivision Ordinance §144-24(C); this request is associated with Master Development
Plan (MDP) #06-22, currently in review. She presented a long range land use map and the MDP of the
area. Mrs. Feltner continued, the Board of Supervisors may provide a waiver to the public street
requirement to allow for a complete system of private streets within proffered age -restricted communities
§144-24(C)(2)(b). She noted, as a condition of this request, and as required by the ordinance, the
proposed private street base and surface shall meet or exceed VDOT standards.
Commissioner Thomas commented he would like to see the developer or owner of these
projects be required to make the citizens aware of the cost associated with the private streets.
Upon a motion made by Commissioner Brumback and seconded by Commissioner
Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of a Waiver Request for Willow Run Project – request to waive the public road requirement and allow
Willow Run to utilize private roads.
(Note: Commissioner Brannon was absent from the meeting)
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OTHER
Northeast Land Use Plan (NELUP)
Wyatt G. Pearson, Director, shared the path that the NELUP has taken thus far:
November 2021 a Citizen Workgroup was formed; July 2022 it was taken to the Comprehensive Plans
and Programs Committee (CPPC); August 2022 the Planning Commission held a work session; October
2022 there were two Public Information Sessions and Surveying; December 2022 the Planning
Commission and Board of Supervisors held discussions; in the coming New Year it will be sent for
agency comments specifically VDOT; and in the New Year it will come before the Planning Commission
and Board of Supervisors as a Public Hearing. He continued, with regards to outreach and notification,
there were roadside signs at schools, the park, and the convenience site; and 3,859 direct mailers to
NELUP residents. Mr. Pearson noted, this resulted in 2,295 unique webpage visits; 223 online survey
responses, and 100+ citizens at both public information sessions. He shared graphic data sheets along
with graphics of the survey results.
Mr. Pearson continued, Staff’s recommendations do not currently align with
Comprehensive Plans and Programs Committee (CPPC) recommendations (before the public outreach).
This Plan update was not a full re-evaluation of all future land uses. He explained, property
owners/developers are entitled to submit targeted Comprehensive Plan Amendments (PCA) and conduct
the necessary studies. Mr. Pearson shared the following information is what Staff is recommending to
change since the Planning Commission was last updated:
1. Properties northeast of Old Charlestown Road and Route 11 (decline a request to
incorporate Multi-family Residential)
2. Property northwest of Hopewell Road and Martinsburg Pike (incorporate request
for alternative Hopewell Road realignment – further study needed)
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3. Properties in the vicinity of Branson Springs Road, Woodbine Road, and Grace
Church Road (plan for uses that align better with the community’s desires and
represent the highest/best use for the property – remove EM and add
Industrial/MUIO)
4. Properties southwest of Rest Church Road and Zachary Ann Lane (plan for uses
that align better with the community’s desires, represent the highest/best use for
the property, and minimize truck traffic at the interchange – designate as MUIO
instead of Industrial)
5. Miscellaneous Plan Modifications (sensitive Natural Areas, split interchange, and
Transportation corrections, and Hiatt Run Residential)
Mr. Pearson presented the updates on location maps. He noted this NELUP draft update
is presented for discussion and comments will be forwarded to the Board of Supervisors.
Commissioner Manuel requested clarification if Staff will wait to get agency comments.
Mr. Pearson stated that is correct; once the Board of Supervisors feels it is appropriate to move to a Public
Hearing, it will then be sent out to the agencies. He noted, VDOT has a state requirement that they are
allowed 30 days to review any Comprehensive Plan changes. Commissioner Kerns thanked Staff for all
the hard work on this and for considering the public input. He requested explanation on what happens to
the NELUP compared to the Comprehensive Plan should this move forward. Mr. Pearson explained, the
Comprehensive Plan serves as a guidance for the Planning Commission and the Board of Supervisors; as
applications are evaluated the Comprehensive Plan is used. Regarding the NELUP, is it technically an
appendix of the Comprehensive Plan that designates a small area plan which is in more detail than the
Comprehensive Plan for a specific area.
Commissioner Thomas inquired as to the population of the area (23,000 acres). Mr.
Pearson explained, the number he can share is the number mailings which is not the population but rather
property owners which was around 4,000. Commissioner Thomas appreciates the public comment, but he
stated the County needs to be careful not to let 100 citizens of that population dictate where we go with
planning and need to look at what is best for the County. He commented we cannot take away citizens
livelihood and their rights to use their land, this could be setting up for a taking. Mr. Pearson commented,
the public input needs to factor in in some way. Regarding the comment about a taking, that is a very
specific legal term, and it does not apply to the Comprehensive Plan modifications.
Commissioner Dawson referenced the Clorox project that was denied years ago and the
loss of revenue that could have been available to the County. She shared truck traffic statistics regarding
transport of limestone. She concluded, a small group of people should not dictate what affects all
taxpayers. Commissioner Markert inquired if what the CPPC proposed, and the draft plan will both go to
the Board of Supervisors. Mr. Pearson commented that is an option the Planning Commission can
suggest. Commissioner Markert referenced the survey; he noted it shows a lot of opposition in the
numbers and he does not agree with making a lot of changes just based off of these numbers. He stated of
the 325 acres at Carmeuse, the stockpiles can be moved and if the EM and Industrial are combined he
would not want to prevent them from coming in for a rezoning. Mr. Pearson explained, nothing in the
draft NELUP would prevent Carmeuse from submitting a rezoning application; Staff would include in
their comments to the Planning Commission and the Board of Supervisors if the application is in
conformance with the Comprehensive Plan.
Commissioner Brumback asked what the vision for the Mixed Use Industrial Office
(MUIO) is. Mr. Pearson noted it focuses on the EDA target industries. Commissioner Orndoff
commented he was part of the NELUP citizens work group and he learned it is important to understand
that the only guarantee with a property if the way it is zoned. Commissioner Aikens shared his biggest
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issue is that the DRRC is revamping the OM district; he feels the need is there to figure out the OM first
and recommends doing so before approval of the NELUP. Mr. Pearson clarified the ordinance
amendment process; it had previously been interpreted that the MUIO could only be rezoned and be
Comprehensive Plan consistent to the district just as described; part of the changes being made to that
ordinance is to decouple this future land use designation in the zoning district and allow for things such as
a mix of zoning designations to be an appropriate designation for MUIO. He noted, plans and efforts to
develop plans can become stale if lingering too long prior to adoption. Commissioner Thomas agrees
with comments made; he is concerned that Staff has taken recommendations from CPPC and from the
public and is going to submit something else to the Board of Supervisors. He stated he feels Staff needs
to go back to the CPPC and get something more consistent and have one plan for the Board of
Supervisors. Chairman Jewell commented the job of the Planning Commission is to make
recommendations based on the Comprehensive Plan and the Board of Supervisors makes the final
decision; rather than send back to the CPPC he suggested to send on to the Board of Supervisors with
three options from (working group, CPPC, and Staff).
The Planning Commissioner unanimously agreed to forward the NELUP draft update
back to the CPPC for further study and review.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Dawson to adjourn the meeting. This motion was seconded by Commissioner Markert and unanimously
passed. The meeting adjourned at 9:05 p.m.
Respectfully submitted,
____________________________
John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary