PC 03-01-23 Meeting Minutes
Frederick County Planning Commission Page 4015
Minutes of March 1, 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 March 1, 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; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back
Creek District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: None
STAFF PRESENT: Wyatt G. Pearson, Director; Kayla Peloquin, Planner I; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the March 1, 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 Manuel
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel,
the Planning Commission unanimously adopted the minutes from the January 4, 2023 meeting.
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Minutes of March 1, 2023
COMMITTEES
Frederick Water – Mtg. 02/21/23
Chairman Jewell shared the operations report for January 2023 noting, despite the lack of
rain in January and the increase in water demand, the quarries continue to hold at healthy levels. He
commented the proposed CY2024-2033 Capital Improvement Plan was presented.
Development Review & Regulations Committee – Mtg. 02/23/23
Commissioner Kozel reported, the committee discussed the conversion of use list for the
B1 (Neighborhood Business), B2 (General Business), and B3 (Industrial Transition) zoning district to
NAICS terminology. Additional work is to be completed by Staff and presented at the March meeting,
along with discussing the conversion of the other business and industrial districts. She noted, this is a
broad change to the Zoning Ordinance and will be presented to the Planning Commission at a later date.
City of Winchester – 02/21/23
Chairman Burnett, Winchester City Planning Commission Liaison, reported there was a
presentation of the 2022 Community Development Department Annual Report. The Commission also
considered a resolution initiating an ordinance amending multiple articles of the zoning ordinance of The
City of Winchester, Virginia pertaining to the addition of accessory dwelling units with related
clarifications.
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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.
Patsy Gochenour of Winchester, Virginia came forward and shared her thoughts
regarding the community and the well-being of all.
Brenda Fristoe of the Stonewall Magisterial District came forward and shared her
comments regarding the draft NELUP.
No one else came forward to speak and Chairman Jewell closed the public comments
portion of the meeting.
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Minutes of March 1, 2023
PUBLIC HEARING
Conditional Use Permit #01-23 Frederick-Winchester Service Authority (D.R. Horton)
Action – Recommend Approval
Kayla Peloquin, Planner I, reported, this is a request for a Conditional Use Permit (CUP)
for an off-premises freestanding residential subdivision entrance sign on 24.07+/- acres in the RA (Rural
Areas) Zoning District. The property is identified by Property Identification Number (PIN) 56-A-19 and
is located in the Red Bud Magisterial District. She shared a location map of the property and a photo of a
potential sign. Ms. Peloquin concluded, should the Planning Commission find this application to be
appropriate Staff would recommend the following conditions:
1. All review agency comments and requirements shall be complied with at all
times.
2. Only one (1) monument sign not to exceed eight (8) feet in height and thirty-two
(32) square feet in area is permitted.
3. Any expansion or change of use shall require a new CUP.
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 Markert and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #01-23 Frederick-Winchester Service Authority (D.R. Horton) for an off-
premises freestanding residential subdivision entrance sign on 24.07+/- acres in the RA (Rural Areas)
Zoning District. The property is identified by Property Identification Number (PIN) 56-A-19 and is
located in the Red Bud Magisterial District.
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INFORMATION/DISCUSSION ITEM
Northeast Land Use Plan (NELUP)
Wyatt G. Pearson, Director, shared an overview of where this project has been: At the
Planning Commission’s December 7, 2022 meeting, Staff presented the draft update to the Northeast
Land Use Plan (NELUP) for discussion and sought a recommendation from the Commission to forward
to the Board of Supervisors. The Commission requested Staff present the same information to the
Comprehensive Plans and Programs Committee (CPPC) for discussion. On February 13, 2023 the CPPC
met and discussed the Staff recommendations. Consensus was reached by the CPPC to accept some of
the Staff recommendations, but to redesignate properties in the vicinity of Branson Springs Road,
Woodbine Road, and Grace Church Road for primarily Extractive Mining uses, and properties southwest
of Rest Church Road and Zachary Ann Lane for Industrial uses. He continued, Staff has incorporated the
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Minutes of March 1, 2023
CPPC’s modifications into the draft maps and text for the updated NELUP. Mr. Pearson presented an
Area Plan map to the Commission.
Mr. Pearson concluded, Staff has received five developer/owner request for additional
information on these requests (reference the December 7, 2022 Planning Commission packet). Since the
Planning Commission had not seen the Shenandoah Valley Battlefields Foundation (SVBF) request
previously, that is attached along with the associated maps prepared by the Planning Department.
Shenandoah Valley Battlefields (SVBF) has requested a wide range of properties be designated as
Sensitive Natural Areas. The CPPC recommended not entertaining this request at this time, but
communicated further information from SVBF on these changes in the future would be welcome. Staff is
seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on the
draft plan.
Commissioner Markert commented it is important to consider citizen feedback, and we
do, however,the mine already exists, and it is on land that they own. He continued, they are paying taxes,
all of their employees are paying taxes, we are looking for taxes to come into the County so we are not in
the business of preventing a business from working that is already here.
Commissioner Thomas commented land-use planning affects all 90,000 County
residents, not just the residents of a specific magisterial district and he thinks there are areas where
compromises have been made. He continued, citizens in that area may not appreciate the compromise,
but sometimes compromise is required. Commissioner Thomas concluded, the extractive mining, not to
talk a specific business, has been a benefit to the County, a benefit to all the residents and to eliminate that
business through land-use planning would be a mistake on our part. Commissioner Brannon agreed with
both Commissioner Markert and Commissioner Thomas. Commissioner Aikens commented this is not
just about extractive mining and not everyone can be pleased; need to take all the comments and use the
best judgement and he supports the CPPC’s current plan.
Commissioner Orndoff commented, he and Commissioner Kerns both representing the
Stonewall Magisterial District respectfully request that a “no” vote be considered for the pending
recommendation before everyone from the perspective of those who live within the area that is the
geographical focus of the NELUP. He continued, they are asking for a no vote from the Commissioners
primarily because of this: They believe this recommendation comes to us unfairly influenced by zoning
interests. It is fundamental to consider a zoning modification only when it complements the
Comprehensive Plan and the best interest of the citizens. He concluded, we as Planning Commissioners
should not be changing the plan to accommodate landowner zoning change requests.
Chairman Jewell commented that everyone needs to keep in mind this is for
informational purposes; this is going to come back before the Commission for comment and the
Commission may be getting additional guidance from the Board of Supervisors. He explained, what is
being recommended is what came out of the CPPC to be forwarded to the Board of Supervisors for
comment and it will then come back to the Commission again.
Commissioner Aikens requested what came from the CPPC’s February 13, 2023 meeting
be adopted and sent forward to the Board of Supervisors with a favorable consensus.
YES: Brannon, Markert, Molden, Thomas, Jewell, Manuel, Aikens, Triplett
NO: Kozel, Brumback, Orndoff, Kerns
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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 7:40 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
___________________________
Wyatt G. Pearson, Secretary
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