PC 10-04-23 Meeting Minutes
Frederick County Planning Commission Page 4062
Minutes of October 4, 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 October 4, 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;
Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro
District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Tim Stowe, Red Bud
District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: H. Paige Manuel, Shawnee District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Jewell called the October 4, 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 to adopt the agenda for this evening’s
meeting; A motion was made by Commissioner Kerns to amend that motion and to postpone Rezoning
#03-23 for O-N Minerals to the November 15th meeting, second by Brumback, and motion failed. A motion
was made by Commissioner Thomas to adopt the agenda as presented, second by Commissioner Markert,
and the agenda was approved for adoption.
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Minutes of October 4, 2023
COMMITTEES
Development Review & Regulations Committee – Mtg. 09/28/23
Commissioner Kozel reported, the Committee discussed signs in the RA district, off-street
parking and parking lots, setback waivers for telecommunication facilities and these items will be brought
forth to the Planning Commission at a later date.
City of Winchester – Mtg. 10/03/23
Commissioner Bloom, Winchester City Planning Commission Liaison, reported the
Commission heard and approved a Conditional Use Permit.
Board of Supervisors – Mtg. 09/27/23
Supervisor Lockridge, Board of Supervisor Liaison, reported the Board postponed CUP
#08-23 for Yenisel Lambert. The Board approved a CUP #04-23 for Lee Ebert; REZ #02-23 for Global
Headquarters, LLC; and a Comprehensive Plan Amendment (NELUP). A rescinded CUP #03-23 for
Candace Lundin was approved.
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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
Rezoning #03-23 for O-N Minerals (Chemstone) dba Carmeuse Americas submitted to rezone
391.87+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with
proffers. The properties are located east of the Winchester & Western Railroad, north of Brucetown
Road (Route 672) and Turkey Run, and south of Woodbine Road (Route 669) and are identified by
Property Identification Numbers (PINS): 34-A8A (portion), 34-A-129E (portion), 34-A-10, 34-A-10A,
34-A-10B,34-A-10D, 34-A-10E, 34-A-10F1, 34-8-1-2, 34-8-1-3, 34-8-1-4, 34-8-1-5, 34-8-1-6, 34-8-1-7,
34-8-1-8, 34-8-1-9, 34-8-1-17, 34-1-A, 34-A-7, 34-A-129, and 34-A-129G in the Stonewall Magisterial
District.
Action – Recommend Approval
Commissioner Stowe and Commissioner Aikens would abstain from all discussion on
this item for a possible conflict of interest.
John A. Bishop, Assistant Director, reported this is a request to rezone 391.87+/- acres
from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District. The properties are in
the Stonewall Magisterial District and generally located east of Winchester & Western Railroad
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Minutes of October 4, 2023
(Omnitracks), north of Brucetown Road and Turkey Run, and south of Woodbine Road. He shared a zoning
map and a long-range land use map of the property. The Commission and Staff discussed the recently
received proffer update. It was mentioned that this rezoning request is not in compliance with the
Comprehensive Plan. Mr. Bishop stated that the Applicant recently completed a hydrogeologic study.
Randy Minchew, representing the Applicant briefly discussed this request. Logan Thomas,
Site Operations Manager for Carmeuse shared a presentation and discussed the partnership that Carmeuse
has with Frederick Water. Mark Krumenacher, Hydrologist, reviewed the hydrology report prepared by
his firm GZA on behalf of the Applicant. Commissioners and Mr. Krumenacher discussed the results of
the report. Commissioners and Logan Thomas discussed the tunnel and the location of the stockpile.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
The following citizens spoke opposing the approval of REZ #03-23 for O-N Minerals
(Chemstone) dba Carmeuse Americas:
Scott Roach – Stonewall District
Brenda Fristoe – Stonewall District
Victor Canfield – Stonewall District
Amy Roach – Stonewall District
Tammy Canfield – Stonewall District
Megan DeFreeze – Stonewall District
Dave Riner – Stonewall District
Mark Regan – Stonewall District
The following citizens spoke in favor of the approval of REZ #03-23 for O-N Minerals
(Chemstone) dba Carmeuse Americas:
Ryan Alverez – Carmeuse employee
Patti Solenberger – representing the Small Business Freedom Alliance
Lindsay Marhefka – Carmeuse geologist
David Cress – Shawnee District
Dylan Clarke – Carmeuse employee
Ben Star – Carmeuse employee
Terry Aikens – Carmeuse employee
Mike Webber – Stonewall District
Tammy Miller – Carmeuse employee
Robert Sprigg – Carmeuse employee
Ashby Spyker – Carmeuse employee – Middletown
Brad Shephard – Carter Machinery representative
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Commissioner Orndorff and Commissioner Kerns commented this goes against the
Comprehensive Plan and the proffers were just received this morning; therefore, a vote on this rezoning
should be delayed. Commissioner Thomas, Commissioner Markert, and Commissioner Brannon support
voting on this rezoning at the present time and to not delay this any further.
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Upon a motion made by Commissioner Orndorff and seconded by Commissioner Kerns
to table this rezoning to the November 15, 2023 meeting
Yes: Orndorff, Kerns
No: Brannon, Brumback, Markert, Molden, Thomas, Kozel, Triplett, Jewell
Abstain: Stowe, Aikens
Absent: Manuel
Upon a motion made by Commissioner Thomas and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of
Rezoning #03-23 for O-N Minerals (Chemstone) dba Carmeuse Americas submitted to rezone 391.87+/-
acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. The
properties are located east of the Winchester & Western Rail road, north of Brucetown Road (Route 672)
and Turkey Run, and south of Woodbine Road (Route 669) and are identified by Property Identification
Numbers (PINS): 34-A8A (portion), 34-A-129E (portion), 34-A-10, 34-A-10A, 34-A-10B,34-A-10D, 34-
A-10E, 34-A-10F1, 34-8-1-2, 34-8-1-3, 34-8-1-4, 34-8-1-5, 34-8-1-6, 34-8-1-7, 34-8-1-8, 34-8-1-9, 34-8-
1-17, 34-1-A, 34-A-7, 34-A-129, and 34-A-129G in the Stonewall Magisterial District.
Yes: Brannon, Brumback, Markert, Molden, Thomas, Jewell, Kozel, Triplett
No: Orndorff, Kerns
Abstain: Stowe, Aikens
Absent: Manuel
*** At 10:30 p.m., prior to beginning another agenda item, and per the Commissions adopted
rule for meeting length, Commissioner Aikens made a motion to proceed with the agenda. The motion was
seconded by Commissioner Molden and unanimously approved.
Rezoning #04-23 of Dover Hill Crossing II (K. Dondero & V. Cruz) submitted to rezone
approximately 4.75+/- acres from the RA (Rural Areas) District to the RP (Residential Performance)
District with proffers for the development of no more than 25 single -family attached dwelling units
(townhomes). The property is located at 2216 Senseny Road, Winchester, Virginia and is identified
by Property Identification Number (PIN) 65-A-16 in the Red Bud Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposal to rezone 4.75+/- acres from the
RA (Rural Areas) District to the RP (Residential Performance) District with proffers. The rezoning would
enable the development of 25 single-family attached (SFA, townhome) units. The subject property is in
the Red Bud Magisterial District south of the signalized intersection of Senseny Road (Route 657) and
Channing Drive. He shared a zoning map of the property. Mr. Klein presented comments pertaining to:
Comprehensive Plan Conformance:
• Within the “Greenwood Urban Center”
• Staff notes the proposed rezoning does not include the “mix of uses” envisioned
by the urban center land use designation in the Comprehensive Plan.
• Rezoning may be appropriate given the scale of the project and the relatively small
size of the property.
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• The project has the ability to be connected in the future to a larger, more integrated,
and mixed-use development if possible.
Transportation and Site Access:
• Plan identifies a “new major collector roadway” bisecting the subject property
extending Channing Drive south from the intersection with Senseny Road to Route
50.
• A new multiuse trail, running parallel to the extension of Channing Drive is also
identified in the adopted plan.
Mr. Klein shared a Long-Range Land Use Map of the property. He shared the proposed
Proffers associated with this rezoning:
• The Applicant proposes a per unit contribution of $13,098 per unit (for a project
total for 24 SFA units of $327,450) to offset capital impacts.
• Proffer 1.1: Limit the total number of SFA units that may be developed to 25 on
Land Bay A; potential future development of Land Bay B (unspecified number of
units) and prohibit the development of multifamily units in both land bays on the
subject property.
• Proffer 8.1: Construction of a two-lane extension of Channing Drive, south of
Senseny Road, and terminating at the southern property line to serve as access to
the development.
• Proffers 8.2 and 8.3: Reserve area for future right -of-way dedication for the full
section of Channing Drive and future multiuse trail (105-feet in width) and reserve
area for future use.
Mr. Klein shared a General Development Plan from the Applicant. He concluded there are
No outstanding issues from agency comments and the proffer statement is in a form acceptable to the
County Attorney. Staff is seeking a recommendation to the Board of Supervisors.
The primary discussion among the Commissioners was the capital impacts of the
development on County services and the capacity triggered proffer amount versus the full capital impact
amount. Commissioners expressed concerns with the potential growth of housing coming to the County
and the County’s ability to capture capital costs through the current proffer legislation. Mr. Klein noted,
while valid, these concerns were outside of the scope of the rezoning and may require a broader discussion
of residential development in a work session format.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Billy Hummer of the Red Bud Magisterial District came forward and commented, he is not
a fan of development; however, the Applicant has been open and honest with he and his family. He noted
the need for workforce housing in the community.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Stowe and seconded by Commissioner Markert to
postpone this item to November 15, 2023, with the Public Hearing remaining open and for Staff to
coordinate a work session. (motion failed)
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Yes: Stowe, Markert, Brumback, Jewell, Kozel, Triplett
No: Brannon, Molden, Thomas, Orndorff, Kerns, Aikens
Absent: Manuel
Upon a motion made by Commissioner Thomas and seconded by Commissioner Brannon
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #04-23 of Dover Hill Crossing II (K. Dondero & V. Cruz) submitted to rezone approximately
4.75+/- acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers
for the development of no more than 25 single-family attached dwelling units (townhomes). The property
is located at 2216 Senseny Road, Winchester, Virginia and is identified by Property Identification Number
(PIN) 65-A-16 in the Red Bud Magisterial District.
(Note: Commissioner Manuel, Shawnee District was absent from the meeting)
Conditional Use Permit #09-23 for Getaway House, Inc. (M.M.T. Limited) submitted for a
campground with up to 90 year-round portable micro-cabin campsites. The property is located at
427 McCubbin Road (Route 653), Winchester, Virginia and are identified with Property
Identification Numbers 15-A-3, 15-A-8, 15-A-9, 15-A-10, and 15-A-11 in the Gainesboro Magisterial
District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit
(CUP) for a campground to enable the development of up to 90 year-round portable micro-cabin campsites;
the property is zoned RA (Rural Areas) totaling 430+/- acres in the Gainesboro Magisterial District. He
shared a location map of the property. Mr. Klein noted the proposal is generally consistent with the
County’s Comprehensive Plan. Mr. Klein presented the conditions for the CUP recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. A maximum number of ninety (90) campsites are permitted.
3. A site plan shall be submitted and approved by Frederick County prior to the
establishment of this use on this property. The site plan shall meet the
requirements of the Frederick County Zoning Ordinance Section 165-204.03
(campgrounds and tourist camps), address all necessary agency comments
specified in this CUP, and would include approval by the Virginia Department of
Transportation (VDOT) for all hard surface and widening improvements to
McCubbin Road (Route 653) to serve as commercial access to the site.
4. At least one (1) employee shall be at the campground at all times.
5. Any expansion or modification of this use will require approval of a new
conditional use permit.
6. Other than for management, staff, the Applicant’s contractors, and emergency
personnel, there shall be no use of ATV’s, snowmobiles, or off-road dirt bikes.
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7. The use of RVs, campers, tents, or other sleeping accommodations, apart from the
Applicant’s camping units, shall be prohibited.
8. A residence building for management is permitted along with
storage/workshop/operations buildings.
9. Hunting and the discharging of firearms is prohibited.
10. No trails shall be constructed by Getaway House, Inc. within 300-ft Frederick
County Parcels 21-A-26, 21-A-26C, 21-A-26D.
11. No habitable structure shall be constructed within the 1,300-foot radius identified
on the design plan “Getaway Winchester - Concept Plan - C-1.”
12. Existing logging trails will be discontinued (gated or blocked with fallen trees) no
less than 300-feet from Frederick County Parcels 21-A-26, 21-A-26C, 21-A-26D.
13. All internal road networks shall be constructed in accordance with Frederick
County Fire and Rescue standards and specifications. Campfires shall be
prohibited on-site during local “burn bans.” All on-site campfires shall be
extinguished by 11 P.M. Guests shall be prohibited from bringing outside firewood
on the Outpost.
14. Property boundary signage shall be provided as illustrated on design plan
“Getaway Winchester -Concept Plan - C-2.”
The Planning Commission discussed with the Applicant the water supply (wells) and drain
fields. The primary topic of discussion was the use of McCubbin Road for access to the campground.
Commissioners Triplett and Aikens of the Gainesboro Magisterial District expressed support for the
Applicant’s agreement to improve the hard surface and width of McCubbin Road, not only to support their
site access but also as a benefit to the neighbors.
Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to
come forward at this time.
Three (3) members of the public offered comment of the application relating to site access,
noise, fencing around the facility, and the pet policy of the campground. One (1) member of the public
spoke in support of the application and would like the road improvements in place before development.
No one else came forward to speak and Chairman Jewell closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #09-23 for Getaway House, Inc. (M.M.T. Limited) submitted for a campground
with up to 90 year-round portable micro-cabin campsites. The property is located at 427 McCubbin Road
(Route 653), Winchester, Virginia and are identified with Property Identification Numbers 15-A-3, 15-A-
8, 15-A-9, 15-A-10, and 15-A-11 in the Gainesboro Magisterial District.
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(Note: Commissioner Manuel, Shawnee District was absent from the meeting)
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OTHER
Commissioner Thomas made a motion to postpone Agenda item 5.D Ordinance
Amendment to the Frederick County Code to the next Planning Commission meeting. The motion to
postpone passed.
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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 Molden and unanimously
passed. The meeting was adjourned at 11:40 p.m.
Respectfully submitted,
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John F. Jewell, Chairman
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Wyatt G. Pearson, Secretary