PC 07-19-23 Meeting Minutes
Frederick County Planning Commission Page 4044
Minutes of July 19, 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 July 19, 2023.
PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District;
Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek
District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Tim Stowe, Red Bud
District; Roderick B. Williams, County Attorney.
ABSENT: Charles E. Triplett, Gainesboro District; Justin Kerns, Stonewall District.
STAFF PRESENT: Wyatt G. Pearson, Director; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the July 19, 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.
Upon a motion made by Commissioner Orndoff and seconded by Commissioner Manuel
to allow electronic participation by Elizabeth D. Kozel, Shawnee District (Jupiter, FL with daughter for
medical purposes) and Roger L. Thomas, Vice Chairman/Opequon District (Lake Placid, NY).
ADOPTION OF AGENDA
Upon a motion made by Commissioner Manuel and seconded by Commissioner Orndoff
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Manuel and seconded by Commissioner Orndoff,
the Planning Commission unanimously adopted the minutes from the April 19, 2023 meeting.
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Frederick County Planning Commission Page 4045
Minutes of July 19, 2023
COMMITTEES
Board of Supervisors – Mtg. 07/12/23
Supervisor Lockridge, Board of Supervisor Liaison, reported the Fruit Hill has been
postponed until the August 9, 2023 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. No one came
forward to speak and Chairman Jewell closed the public comments portion of the meeting.
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PUBLIC HEARING
Comprehensive Plan Amendment, Northeast Land Use Plan (NELUP)
Action – Recommend Approval
Commissioner Stowe would abstain from all discussion on this item for a possible conflict
of interest.
Wyatt G. Pearson, Director, reported the Northeast Land Use Plan (NELUP) study area
consists of 21,000 acres which are generally located North of Berryville Pike (Route 7) and the limits of
the City of Winchester, West of the Opequon Creek at the County boundary with Clarke County, South of
the West Virginia State line and East of Apple Pie Ridge Road. Two scenarios are presented for Public
Hearing. He continued, generally speaking, the areas East and West of I-81 in the vicinity of Exit 323 are
represented in Scenario A as future mixed use industrial/office uses, whereas Scenario B proposes future
extractive mining and industrial uses for the area in question. Mr. Pearson noted, the current adopted
version of the NELUP was approved by the Board of Supervisors in 2011, with property specific
amendments in 2014 and 2015. Mr. Pearson explained, the study area consists of nearly 21,000 acres
historically planned for significant future commercial and industrial land uses; East and West of areas
identified for future development are large intact rural areas, as well as hist oric and natural resources. He
commented, there are two Rural Community Centers (Brucetown/Clearbrook and Stephenson) and the
Snowden Bridge Planned Unit Development.
Mr. Pearson presented a path of where this item has been; November 2021 a Citizen
Workgroup; July 2022 Comprehensive Plans and Programs Committee (CPPC); August 2022 Planning
Commission work session; October 2022 Public Information Sessions and Surveying; December 2022 –
March 2023 Planning Commission and CPPC discussions; April – May 2023 Board of Supervisor
Frederick County Planning Commission Page 4046
Minutes of July 19, 2023
discussion and authorization for a Public Hearing; May – June 2023 Agency comments; June – July 2023
Public Hearing at the Planning Commission and Board of Supervisors meetings. Mr. Pearson shared the
Public Outreach and information:
• Means and Methods
o Roadside signs at schools, park, and convenience site
o 3,859 direct mailers to NELUP residents
• Resulting in
o 2,295 unique webpage visits
o 223 online survey responses
o 110+ people at both public information sessions
Mr. Pearson shared the potential transportation network for Scenario B; the split
interchange for Scenario A and B; the comments from Frederick Water; and Frederick County Public
Schools who had nothing to incorporate. Mr. Pearson concluded, at the Board of Supervisors May 24th,
2023 meeting, two versions of the Northeast Land Use Plan update were authorized for public hearing.
Scenario A most closely resembles the plan presented to the Planning Commission on December 7th, 2022.
Scenario B is identical to the plan recommended by the Planning Commission on March 1st, 2023. Staff is
seeking a recommendation from the Planning Commission to the Board of Supervisors as to which scenario
of the NELUP is most appropriate.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. The speakers were as follows:
Gene Stevens spoke in favor of Scenario A; Ellen Fletcher commented her water supply
has drastically changed; Amy Roach commented on the adverse effects on their water and the damage the
blasting is causing to nearby homes; Tina Bragg shared she has lived behind the quarry for 34 years and
they now have grit in their water and are having trouble with their well; Charlie Burner stated he has water
issues and cracks in his foundation; Andrea Berkenkemper commented the negative environmental impacts
are significant; Brenda Fristoe, Arthur Bragg, Justin Platt, and James Davis supported Scenario A. Randy
Minchew spoke on behave of Carmeuse and is in favor of Scenario B.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Commissioner Thomas commented if we do Scenario A, which is increased industrial,
office, and manufacturing development there are going to be a lot more trucks and heavy traffic through
that area. He continued, extractive mining in the near term requires very little additional funding from
Frederick County and he noted the NELUP will be revised again in 10 to 15 years. Commissioner Thomas
continued, right now Scenario B can be supported because we are not talking about additional mining; we
are talking about the same level of mining moving to a different location and the Northeast Land Use Plan
does not give Carmeuse the authority to go out there and start mining tomorrow.
Commissioner Aikens referenced the amount of time that has been spent on this and he is
in favor of Scenario B. Commissioner Manuel supported Scenario B. Commissioner Brannon asked if the
land could be reclaimed. Mr. Pearson commented upon rezoning of the property reclamation falls to State
code and the County cannot be any more strictive that the State. Commissioner Aikens asked if a proffer
could offer reclamation. Mr. Pearson noted, a proffer could address reclamation. Commissioner Brumback
Frederick County Planning Commission Page 4047
Minutes of July 19, 2023
referenced the Comprehensive Plan for this area and a citizen group was developed to research; she feels
the need to listen to the people regarding the Comprehensive Plan and she supports Scenario A.
Commissioners Markert and Molden supported Scenario B.
Commissioner Orndorff shared the NELUP work group worked on this for 6 months and
he feels Scenario A would benefit the citizens of the County best; he noted Staff recommends Scenario A.
Commissioner Kozel views the Comprehensive Plan as long term, and she supports Scenario A.
Upon a motion made by Commissioner Orndorff and seconded by Commissioner
Brumback to recommend Scenario A
YES: Orndoff, Brumback, Kozel
NO: Brannon, Markert, Molden, Thomas, Jewell, Manuel, Aikens
ABSTAIN: Stowe
Upon a motion made by Commissioner Aikens and seconded by Commissioner Markert to
recommend Scenario B
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Scenario B
for the Comprehensive Plan Amendment, Northeast Land Use Plan (NELUP)
YES: Brannon, Markert, Molden, Thomas, Jewell, Manuel, Aikens
NO: Orndoff, Brumback, Kozel
ABSTAIN: Stowe
(Note: Commissioner Triplett and Commissioner Kerns were absent from the meeting).
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OTHER
Wyatt G. Pearson, Director, reported there will be no August 2, 2023 meeting.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Aikens to adjourn the meeting. This motion was seconded by Commissioner Orndoff and unanimously
passed. The meeting was adjourned at 8:25 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary