PC 01-18-23 Meeting Minutes
Frederick County Planning Commission Page 4000
Minutes of January 18, 2023
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 January 18, 2023.
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; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert,
Red Bud District; Austin Cano, Assistant County Attorney.
ABSENT: Kathleen Dawson, Red Bud District; Jason Aikens, Gainesboro District.
STAFF PRESENT: John A. Bishop, Assistant Director; Mark R. Cheran, Zoning & Subdivision
Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the January 18, 2023 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 Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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COMMITTEES
Frederick Water
Chairman Jewell shared the water report and rainfall totals for December 2022 and noted
the quarries remain in good condition.
City of Winchester – 01/17/23
Commissioner Pifer, Winchester City Planning Commission Liaison, reported the
Commission discussed a Conditional Use for SmartLink, LLC for a wireless telecommunications tower; a
Conditional Use for conversion of ground floor nonresidential use to multifamily use N. Cameron Street;
and an ordinance to vacate and convey a 14- feet long section of North Braddock Street.
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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.
Brenda Fristoe of the Stonewall Magisterial District came forward and addressed
comments previously made regarding her character. She shared her concerns with the NELUP and the
possibility of the quarry expansion.
Jacob Harrison of the Back Creek Magisterial District requested Rock Enon Road be
included on the to be paved list that the County shares with VDOT.
Mr. Bishop offered to speak with both individuals who spoke after the meeting tonight if
they would like to do so and he is willing to offer insight into their questions and concerns.
No one else came forward to speak and Chairman Jewell closed the public comments
portion of the meeting.
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PUBLIC HEARING
Establishment of a New Agricultural and Forestal District – Long Creek Farm Agricultural &
Forestal District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to create
a new Agricultural and Forestal District “Long Creek Farm” that totals 1,077.39+/- acres. This is located
within the Back Creek Magisterial District and is ½ mile west of the intersection of Shady Elm Road
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Minutes of January 18, 2023
(Route 651) and Springdale Road (Route 649). The proposed District would consist of fourteen (14)
parcels managed by one (1) property owner. Mr. Cheran shared a location map outlining the parcels.
Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He
shared the advantages of the program:
• Land Use Taxation
• Preserving land for open space
• Promotes agribusinesses and long-range agricultural planning
• Bonus density for the County’s Transfer of Development Rights Program
(1 density right + 2 dwelling units)
Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on
December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation
from the Planning Commission to forward to the Board of Supervisors on the creation of the new Long
Creek Farm Agricultural and Forestal District.
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.
Upon a motion made by Commissioner Brumback and seconded by Commissioner
Brannon
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the establishment of a New Agricultural and Forestal District – Long Creek Farm Agricultural &
Forestal District.
(Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.)
Establishment of a new Agricultural and Forestal District – North Frederick Agricultural &
Forestal District.
Action – Recommend Approval
Commissioner Brumback 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 to create
a new Agricultural and Forestal District “Norh Frederick” that totals 1,961.86 +/- acres. This is located
within the Gainesboro Magisterial District and is generally located 2.5 miles west of the intersection of
North Frederick Pike (Route 522) along North Sleepy Creek Road (Route 734) and Bloomery Pike (Route
127). The proposed District would consist of fifteen (15) parcels. Mr. Cheran shared a location map
outlining the property.
Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He
shared the advantages of the program:
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• Land Use Taxation
• Preserving land for open space
• Promotes agribusinesses and long-range agricultural planning
• Bonus density for the County’s Transfer of Development Rights Program
(1 density right + 2 dwelling units)
Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on
December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation
from the Planning Commission to forward to the Board of Supervisors on the creation of the new North
Frederick Agricultural and Forestal District.
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.
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 the establishment of a New Agricultural and Forestal District – North Frederick Agricultural &
Forestal District.
(Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.)
Establishment of a new Agricultural and Forestal District – White Hall Agricultural & Forestal
District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to create
a new Agricultural and Forestal District “White Hall” that totals 974.30+/- acres. This is located within
the Gainesboro Magisterial District and is generally located along Wright Road (Route 661) and Apple
Pie Ridge Road (Route 739). The proposed District would consist of seven (7) parcels managed by one
(1) property owner. Mr. Cheran shared a location map of the property.
Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He
shared the advantages of the program:
• Land Use Taxation
• Preserving land for open space
• Promotes agribusinesses and long-range agricultural planning
• Bonus density for the County’s Transfer of Development Rights Program
(1 density right + 2 dwelling units)
Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on
December 16, 2022 and recommended approval of this new district. Staff is seeking a recommendation
from the Planning Commission to forward to the Board of Supervisors on the creation of the new White
Hall Agricultural and Forestal District.
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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.
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 the establishment of a New Agricultural and Forestal District – White Hall Agricultural & Forestal
District.
(Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.)
Addition to an Agricultural and Forestal District – South Timber Ridge Agricultural & Forestal
District.
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to add an
additional six (6) parcels with a total of 189.86+/- acres to the South Timber Ridge Agricultural and
Forestal District. The District is located within the Gainesboro Magisterial District and currently contains
seventeen (17) parcels with a total of 981.08+/- acres. The addition of six (6) parcels of 189.86+/- acres
will increase the total to 1,170+/- acres managed by one (1) property owner. It is generally located along
Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to
the east. Mr. Cheran shared a location map of the property.
Mr. Cheran continued, currently there are ten (10) Agricultural and Forestal Districts. He
shared the advantages of the program:
• Land Use Taxation
• Preserving land for open space
• Promotes agribusinesses and long-range agricultural planning
• Bonus density for the County’s Transfer of Development Rights Program
(1 density right + 2 dwelling units)
Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) met on
December 16, 2022 and recommended approval of this addition to the district. Staff is seeking a
recommendation from the Planning Commission to forward to the Board of Supervisors for the addition
to the South Timber Ridge Agricultural and Forestal District.
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.
Upon a motion made by Commissioner Triplett and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the addition to the South Timber Ridge Agricultural & Forestal District.
(Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.)
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INFORMATION/DISCUSSION ITEM
Ordinance Amendment – OM Park District
M. Tyler Klein, Senior Planner, reported this is a proposal to amend the OM (Office-
Manufacturing) Park District to address stated concerns regarding the implementation of the zoning
district, to better implement County identified targeted industries and remove the link between OM and
MUIO designation in the Comprehensive Plan. The zoning ordinance text amendment originated from
discussions related to the update to the County’s Northeast Land Use Plan (NELUP) which contains
nodes of “mixed-use industrial office” (MUIO) planned land uses, which are intended to be implemented
with the OM district.
Current zoning ordinance standard:
• The intent of the OM Park District is to implement the MUIO land use
classification of the Comprehensive Policy Plan. The OM Park District is
designed to provide areas for research-and-development centers, office parks,
and minimal-impact industrial and assembly uses. Uses are allowed which do
not create noise, smoke, dust or other hazards. This district shall be located in a
campus-like atmosphere near major transportation facilities.
• The current OM Zoning District has not been well utilized or implemented in
practice.
Proposed Zoning Ordinance Text Amendment:
• Staff and the DRRC propose the following revisions:
o Removing the “link” between OM district and MUIO district in the
Comprehensive Plan;
o Amending the district name to “Technology-Manufacturing Park District
(TM)”;
o Adding additional allowed uses, and
▪ Food and beverage manufacturing; specialized manufacturing;
flex-tech type uses
o Amending and removing required design standards
▪ Building design/materials; allowing for outdoor storage
Implementation:
• Creating greater allowances for warehousing uses accessory to primary uses; and
• Allowing for properties zoned TM to not submit a Master Development Plan
o Expediting time to market for potential development; and
o Allowing for a Board waiver to underground electrical requirements
Conclusion & Requested Action:
• The DRRC discussed this item on September 28, 2022, and November 21, 2022,
and recommended additional revisions which have been incorporated
• The primary discussion among DRRC members was the expansion of the
“allowed use” list
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• The DRRC did not achieve consensus on the proposed changes with some DRRC
members expressing comments on if the district should remain in the Zoning
Ordinance at all
• Staff is seeking comments from the Planning Commission to forward to the
Board of Supervisors
The Planning Commission was generally supportive of the proposed changes, noting that
the intent was to see implementation of the district in those areas of the County where new commercial
and industrial development is planned. The Planning Commission unanimously supported the item going
forward to the Board of Supervisors for additional discussion.
(Note: Commissioner Dawson and Commissioner Aikens were absent from the meeting.)
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OTHER
A brief overview of Planning Applications was shared, and announcement was made that
a joint work session with the Planning Commission and the Board of Supervisors will be held on Friday,
February 3, 2023 at 8:00 a.m.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Orndoff to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:50 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary
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