PC 01-03-24 Meeting Minutes
Frederick County Planning Commission Page 4086
Minutes of January 3, 2024
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 3, 2024.
PRESENT: Roger L. Thomas, Vice Chairman/Opequon 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; Tim Stowe, Red Bud
District; Charles Markert, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: William A. Orndoff, Stonewall District; Mollie Brannon, Back Creek District; Robert S.
Molden, Opequon District.
STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner
I; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Vice Chairman Thomas called the January 3, 2024 meeting of the Frederick County
Planning Commission to order at 7:00 p.m.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Manuel and seconded by Commissioner
Brumback, the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Brumback the
Planning Commission unanimously adopted the minutes from November 1, 2023 meeting.
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Minutes of January 3, 2024
ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND
RULES & RESPONSIBILITIES FOR 2024
Election of Tim Stowe, Chairman for 2024
Director, Wyatt G. Pearson, declared nominations open for Chairman for the 2024 calendar
year.
The nomination of Mr. Tim Stowe for Chairman was made by Commissioner Brumback.
The nomination of Mr. Jason Aikens for Chairman was made by Commissioner Triplett.
BE IT RESOLVED, that by a vote, the Frederick County Planning Commission does hereby elect Mr. Tim
Stowe as Chairman of the Planning Commission for the calendar year 2024.
Election of Roger L. Thomas, Vice Chairman for 2024
Director, Wyatt G. Pearson declared nominations open for Vice Chairman for the 2024
calendar year.
The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner
Brumback.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2024.
Election of Wyatt G. Pearson, Secretary for 2024
Vice Chairman Thomas declared nominations open for Secretary for the 2024 calendar
year.
The nomination of Mr. Wyatt G. Pearson was made by Commissioner Stowe.
BE IT RESOLVED that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Wyatt G. Pearson as Secretary of the Planning Commission for the calendar year 2024.
PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING
SCHEDULES FOR 2024
Chairman Stowe stated the Planning Commission’s Bylaws and Roles and Responsibilities
and Meeting Schedules have been reviewed by the Commission and are ready for the Commission’s
consideration and adoption.
Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel
BE IT RESOLVED that the Frederick County Planning Commission does hereby unanimously adopt the
Planning Commission’s Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar
year of 2024 as presented.
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COMMITTEE ASSIGNMENTS
Chairman Stowe reported all Committee assignments for calendar year 2024 will remain
the same at this time.
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COMMITTEES
Board of Supervisors – Mtg. 12/10/23
Supervisor Lockridge, Board of Supervisors Liaison, reported the Board of Supervisors
approved CUP #10-23 for Roses Plumbing.
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CITIZEN COMMENTS
Chairman Stowe 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 Stowe closed the public comments portion of the meeting.
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PUBLIC HEARINGS
Rezoning #06-23 for Winchester Gateway, LLC submitted to rezone approximately 34.26+/- acres
of a 71.85+/- acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with
proffers to develop warehousing, distribution or data center uses. The property is located at the
intersection of Apple Valley Road (Route 652) and Middle Road (Route 628) and is bounded by Route
37 to the west and is identified by Property Identification Number (PIN) 63-A-80l in the Back Creek
Magisterial District.
Action – Postpone for 60 days
M. Tyler Klein reported, this is a request to rezone approximately 34.26+/- acres of a
71.85+/- acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers
to develop warehousing, distribution or data center uses in the Back Creek District. He shared a zoning
map and a Long Rage Land Use Map of the property. He discussed the Comprehensive Plan and
Transportation and Site access:
Comprehensive Plan
• Kernstown Area Plan (2017) – “Shady Elm Economic Development Area”
o The Shady Elm Economic Development Area is designed to be a
significant area of commercial/industrial (C/I) opportunity that is fully
supportive of the Frederick County Economic Development Authority’s
targeted goals and strategies. The intent of the industrial designation is to
further enhance the County’s C/I areas and to provide focus to the
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County’s future regional employment centers. In specific areas a mix of
flexible uses, with office uses in prominent locations, is encouraged. Such
areas are supported by substantial areas of C/I opportunity and provide for
areas that are well designed.
• The proposed rezoning generally implements uses typically associated with an
industrial land use designation in the Comprehensive Plan.
• The rezoning does not speak to the intended high-quality architecture and site
design envisioned for the Shady Elm Economic Development Area.
Transportation & Site Access
• Apple Valley Road (Route 651/652) is identified in the Comprehensive
Plan/Eastern Road Plan as an improved minor collector roadway.
• The rezoning application proposes:
o Up to two (2) commercial entrances
o Inter-parcel connection with Blackburn
o Improvements (timing varies) to widen Apple Valley Road to match the
existing segment
Mr. Klein presented a General Development Plan (GDP) of the property. He shared the
Proffer Statement (revised December 29, 2023):
• GDP conformance
• Screening of all loading docks from adjacent properties
• A 200-foot-wide green space buffer along Apple Valley Road frontage
• Limit number of commercial entrance to two (2)
• Apple Valley Road improvements to match existing segment only to first entrance;
up to the second entrance is trip exceed 2,000 vehicles per day
• $.10 per square foot for Fire and Rescue services
• Escalator clause capped at 6%
Mr. Klein explained the outstanding items for considerations: Proposed rezoning materials
do not address the high quality architecture and site design envisioned for the Shady Elm Economic
Development Area; the site may develop with any of the allowed uses in the M1 Zoning District, some of
which could have a negative impact (noise, odor, glare, vibrations) beyond those identified in the Impact
Analysis Statement on adjoining residential uses and historic resources; the proffered buffer language is
not specific in how the buffer intent would be fulfilled if the existing landscaping is disturbed for utility
installation and maintenance or if road improvements are required to widen Apple Valley Road and
widening would need to occur within the proffered buffer area; and the proposal does not fully address all
traffic impacts on Apple Valley Road or the future condition of the roadway as an improved collector
roadway (widening).
The Planning Commissioners expressed several concerns with the proposed rezoning and
directed the Applicant to come back with a revised application. It was requested the Applicant address the
following: design and architectural standards for buildings, including specifying the type of building
materials and limiting the height of all structures to 60-feet; clarifying which M1 Zoning District uses would
be allowed and proffering out uses that would have a detrimental impact on adjoining residential property;
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further analyzing traffic impacts on Apple Valley Road, Middle Road, and the intersections of Apple Valley
Road/Route 11 and Apple Valley Road/Middle Road; extending the widening of Apple Valley Road along
the length of the entire property frontage; inter-parcel access with the Blackburn Commerce Center; buffers
and screening and providing a higher standard to protect neighboring residences; and reducing industrial
noise created on-site.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. Two members of the public (Patricia Fox and Anna Bradford) spoke in
opposition to the proposed application. The speakers expressed concerns with increased truck traffic west
of the existing industrial area on Apple Valley Road, noise from industrial uses, and stated the proposed
buffer and existing vegetation was insufficient to screen the use from adjoining residences. No one else
came forward to speak and Chairman Stowe closed the public comment portion of the hearing.
Ty Lawson, Attorney representing the Applicant came forward and addressed questions
and concerns. Kevin Sitzman also came forward to address comments pertaining to the Traffic Impact
Study.
Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas
to postpone Rezoning #06-23 Winchester Gateway, LLC for sixty (60) days
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend
postponement of sixty (60) days for Rezoning #06-23 for Winchester Gateway, LLC submitted to rezone
approximately 34.26+/- acres of a 71.85+/- acre parcel from the RA (Rural Areas) District to the M1 (Light
Industrial) District with proffers to develop warehousing, distribution or data center uses. The property is
located at the intersection of Apple Valley Road (Route 652) and Middle Road (Route 628) and is bounded
by Route 37 to the west and is identified by Property Identification Number (PIN) 63 -A-80l in the Back
Creek Magisterial District.
(Note: Commissioner Molden, Commissioner Orndorff, and Commissioner Brannon were absent from the
meeting)
Conditional Use Permit #11-23 for 231 Vaucluse Spring Holding, LLC submitted for a recreation
area and resort, a public restaurant, and a special event facility. The property is located at 231
Vaucluse Spring lane, Stephens City, Virginia and is identified with Property Identification Number
84-A-53A in the Back Creek Magisterial District.
Action – Recommend Approval
Kayla Peloquin, Planner I, reported this is a Conditional Use Permit (CUP) application for
a recreation area and resort, a public restaurant, and a special event facility. She shared a location map of
the property. Ms. Peloquin explained the Applicant proposes the following:
• The continued operation of a 15-room bed and breakfast that was approved under
CUP #02-95.
• Converting an existing restaurant for guests only to be open to the public.
• Holding 12-15 special events per year with a maximum of 130 guest per event that
will conclude by 11:00 p.m. (Special events to be held inside or outside and with
portable restrooms).
• No structural expansions or additional rooms, only minor renovations to existing
structures to preserve the historic integrity.
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Ms. Peloquin continued, the proposed uses meet the Zoning Ordinance definitions of a
resort, a restaurant, and a special event facility contained in §165-101.02. §165-204.30 includes Additional
Regulations for Specific Uses for special event facilities that will be addressed through the site plan, most
notably that parking spaces and travel aisles must be graveled. The proposed use is consistent with the
Comprehensive Plan, which designates this area to remain rural and supports historic preservation, tourism,
and local businesses. Ms. Peloquin presented the conditions as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be approved by Frederick County prior to the establishment of
this use. The site plan shall meet the requirements of the Frederick County Zoning
Ordinance in §165-204.30 for Special Event Facilities.
3. Special events may not exceed 130 guests.
4. Amplified outdoor music must conclude by 9:00 p.m. and all events shall
conclude by 11:00 p.m.
5. Approval of this CUP will void previous CUP #02-95.
6. Any expansion or modification of this use will require approval of a new CUP.
The Planning Commission asked Staff if there are restrictions on hours of operation for the
restaurant. Staff responded that hours of operation are not currently included as a condition but could be
added. There was a discussion on what improvements the Fire Marshal may require, and Staff responded
that would be addressed at the site plan state, during which time the Fire Marshal would review the plan.
The Applicant shared a presentation of their vision for a boutique farm-to-table restaurant,
emphasizing working with local farms and businesses. The Applicant stated that a full buy-out of the
property would be required for a special event, meaning all r ooms would be booked by those associated
with the event, reducing the total number of potential guests on the property at once. Additionally, the
Applicant would work with local hotels to provide a shuttle service to the property to reduce the number of
trips and the number of vehicles parked on the property. The Applicant expressed a willingness to make
the necessary improvements to the site in order to begin operating.
Planning Commissioners asked about the restaurant schedule, and the Applicant responded
that lunch would likely be available Thursday through Sundays, and breakfast and dinner would be served
seven days a week. It was noted, when the building inspector visited the Manor House, they determined
each room of the restaurant could hold approximately 20 people, therefore the total of the 3 rooms results
in a maximum of 60 people at the restaurant at a time.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Several citizens spoke in support of this application (Brent Henderson, Gage
Wilson, Jason McDonald, and Karen Nelson. Each stated this is a nice project and well suited for the
property. No one else came forward to speak and Chairman Stowe closed the public comment portion of
the hearing.
Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas
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BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #11-23 for 231 Vaucluse Spring Holding, LLC submitted for a recreation area
and resort, a public restaurant, and a special event facility. The property is located at 231 Vaucluse Spring
lane, Stephens City, Virginia and is identified with Property Identification Number 84-A-53A in the Back
Creek Magisterial District.
(Note: Commissioner Molden, Commissioner Orndorff, and Commissioner Brannon were absent from the
meeting)
Ordinance Amendment to the Frederick County Code – Signs; revision to the Frederick County
Zoning Ordinance, Chapter 165 to amend sign regulations to ensure consistency within the section
and increase the allowed height for signs in the RA (Rural Areas) Zoning District.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a proposal to amend the Sign Ordinance
§165-201.06 section of the Zoning Ordinance. It aims to remove §165-201.06(B)(1)(c) which is no longer
necessary as signs allowed in certain districts are no longer listed in each zoning district. Table 1, outlined
in the Sign Ordinance, specifies the sign types allowed in each zoning district §165-201.06(B)(4). Section
§165-201.06(4)(a)(3) to increase the allowed height permitted in the RA (Rural Areas) Zoning District from
four (4) feet to eight (8) feet in height.
Chairman Stowe 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 Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Manuel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the Ordinance Amendment to the Frederick County Code – Signs; revision to the Frederick County
Zoning Ordinance, Chapter 165 to amend sign regulations to ensure consistency within the section and
increase the allowed height for signs in the RA (Rural Areas) Zoning District.
(Note: Commissioner Molden, Commissioner Orndorff, and Commissioner Brannon were absent from the
meeting)
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ACTION
Rezoning #05-23 for Round Hill Crossing, Phase 2 – this is a request for a minor amendment to the
approved proffer statement associated with Rezoning #03-03 (WWW, LC) to modify the number of
allowed commercial entrance connections to US Route 50 West. The amendment would enable one
(1) additional right-in only entrance for a total of up to four (4) entrances for the development. All
other previously approved proffers would remain in effect (unchanged).
Action – Recommend Approval.
Commissioner Manuel would abstain from all discussion on this item for a possible conflict
of interest.
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M. Tyler Klein, Senior Planner, reported this is a request for a minor amendment to the
approved proffer statement associated with Rezoning application #03-03 (WWW, LC) to modify the
number of allowed commercial entrance connections to US Route 50 West. He noted the proffer
amendments do not require a public hearing. He share a location map of the property. Mr. Klein explained
the proposed rezoning does not propose a change in the use of the property and the minor proffer
amendment is in conformance with the Comprehensive Plan. The Plan identifies US Route 50 as a primary
highway. He continued, when considering proposals along arterial roadway, new commercial entrances
should be limited to preserve corridor right-of-way and that new movements do not degrade the
transportation system, increase delays, or reduce service levels.
Mr. Klein concluded and presented a Generalized Development Plan (GDP); the
amendment would enable one (1) additional right-in only entrance for a total of up to four (4) entrances for
the development and all other previously approved proffers would remain unchanged.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #05-23 for Round Hill Crossing, Phase 2 – this is a request for a minor amendment to the
approved proffer statement associated with Rezoning #03-03 (WWW, LC) to modify the number of allowed
commercial entrance connections to US Route 50 West. The amendment would enable one (1) additional
right-in only entrance for a total of up to four (4) entrances for the development. All other previously
approved proffers would remain in effect (unchanged).
(Note: Commissioner Molden, Commissioner Orndorff, and Commissioner Brannon were absent from the
meeting)
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OTHER
Wyatt G. Pearson, Director, reported the Western Frederick Land Use Survey is on the web
site and encouraged the Commission to take a look at it.
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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 Aikens and unanimously
passed. The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
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