PC 03-06-24 Meeting Minutes
Frederick County Planning Commission Page 4101
Minutes of March 6, 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 March 6, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Elizabeth D. Kozel, Shawnee District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall
District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back
Creek District; Jeff McKay, Back Creek District; Charles Markert, Red Bud District; ; Mollie Brannon,
Member at Large; Roderick B. Williams, County Attorney.
ABSENT: Robert S. Molden, Opequon 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 Stowe called the March 6, 2024 meeting of the Frederick County Planning
Commission to order at 7:00 p.m.
ADOPTION OF AGENDA
Upon a motion made by Commissioner Thomas and seconded by Commissioner Aikens,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Brannon and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the December 6, 2023 meeting.
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Minutes of March 6, 2024
COMMITTEES
Transportation Committee – Mtg. 2/26/24
Chairman Stowe reported the Committee discussed the Route 37 Study Update, the
upcoming SmartScale Application Round, and various County project updates.
Frederick Water
Commissioner Brumback reported since February 2, 2024 the County has been in a drought
watch. She stated the sanitary sewer flows from the town of Stephens City have been increasing and
Frederick Water and the Board will be working with the town to address this.
City of Winchester
Commissioner John Fox, Winchester City Planning Commission Liaison, reported the
Neighborhood Design Districts is being updated; the Ward Plaza rezoning has moved forward; and there
have been clean up exercises to the Zoning Ordinance.
Board of Supervisors – Mtg. 2/28/24
Supervisor Liero, Board of Supervisor Liaison, shared the recent appointments to the Planning
Commission by the Board of Supervisors.
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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 #01-24 for Singh Trans, Inc.
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request to rezone three (3) parcels totaling
approximately 7.60+/- acres from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning
District with proffers to enable the development of a 11,300 square foot (SF) tractor trucking repair facility
in the Shawnee Magisterial District. He shared a location map and a Long Range Land Use map of the
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Minutes of March 6, 2024
property. Mr. Klein continued, the Southern Frederick Area Plan (SOFRED 2017), Route 277 Triangle
Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is
fully supportive of the Frederick County Economic Development Authority’s targeted goals and strategies.
The intent of the mixed-use designation is to further enhance the County’s commercial and industrial areas
and to provide focus to the 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 industrial and commercial opportunity and provide areas that are well designed with high quality
architecture and site design. It is the intent of such areas to promote a strong positive community image.
Mr. Klein reported, the Rezoning proposes a use typically associated with an industrial
land use designation. However, the Rezoning does not include other elements identified in the SOFRED
area plan such as a mix of uses of high-quality architecture and design. Mr. Klein identified Transportation
and site access: Fairfax Pike (Route 277) is identified as an improved minor arterial roadway and right-of-
way will need to be reserved along the subject properties frontage to accommodate this future condition as
well as any warranted turn lanes (subject to VDOT approval). The proffer statement (dated January 29,
2024) includes a dedication at time of site plan for additional right-of-way along Fairfax Pike for future
improvements. He noted the potential impacts and proffers: Restricting the use of the property to only
truck repair facility and the related parking of commercial trucks for repair services; is in conformance with
the GDP; and $0.10 per square foot of gross floor area contribution to fire and rescue services. Mr. Klein
presented the conclusions and requested actions for this application:
• There are no outstanding issues, and the potential impacts of the proposal may be
mitigated through voluntary proffers.
• The proposed rezoning is in general conformance with the Comprehensive Plan
land use designation but lacks conformity with small area plan policies.
• The proffer statement (dated January 29, 2024) is in a legal form acceptable to the
County Attorney.
Planning Commission Members discussed the operation of the business and the number of
tractor trucks and trailers that could be serviced. The Applicant’s representative clarified that the facility
would only serve the owner’s fleet and presently there were up to 20 tractor trucks and trailers, but they did
not all require servicing at the same time. It was stated all repair activities would occur indoors and the
owner intended to develop the site with minimal disturbance to the existing mature vegetation on site, to
the extent possible. The Planning Commission Members also expressed concerns with the increase in truck
traffic to Route 277, noise generated by idling vehicles, and the impact on adjoining properties.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Three (3) citizens (Ben Ridings, Josie Carlson, and Emily Kelly) provided comments on
the proposed rezoning, specifically noting potential unmitigated impacts including noise, odor/fumes,
spilling of hazardous materials, light pollution, increased traffic, and potential for conflicts with passenger
vehicles.
No one else came forward to speak and Chairman Stowe closed the public comment portion
of the hearing.
The Planning Commission recommended approval with revisions to the proffer statement:
inclusion of a restriction in the hours of operation for repair activities, inclusion of a restriction on overnight
vehicle idling, commitment to high quality building design for the portion facing Fairfax Pike, and to
commit to screening along the road.
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Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #01-24 for Singh Trans, Inc.
(Note: Commissioner Molden was absent from the meeting)
ACTION ITEMS
Rezoning #06-23 for Winchester Gateway, LLC
Action – Recommend Approval
M. Tyler Klein, Senior Planner, 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. 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 with Property Identification Number (PIN) 63-A-80I in the Back Creek District. He noted
substantive changes have been made to the proffer statement and the GDP since the Planning Commission
work session on February 21, 2024. A zoning map of the property was presented. Mr. Klein shared the
Proffer and GDP revisions (February 27, 2024):
• Restrictions on loading dock location, building height, site lighting height, and
outdoor processing activities
• Enhanced performance standards to address buffers, screening, noise abatement,
and building design
• Prohibit regional criminal detention facilities
• Transportation improvements including Apple Valley Road widening and limit to
two (2) commercial entrances
• Removal of inter parcel access
Mr. Klein presented a revised GDP of the project and shared the items for consideration to
be considered by the Planning Commission:
• The site may develop with any of the other allowed uses in the M1 Zoning District,
some of which could have a negative impact (noise, odor, glare, and/or vibrations)
beyond those studied, prohibited through use restrictions, or addressed through
proffered performance standards.
• Pedestrian facilities or future ROW reservation for 4-lane segment is not included
in the road improvement proffer or shown on the GDP.
• Off-site Transportation impacts may not be fully mitigated
• High quality design proffer lacks specificity.
• Noise abatement proffers are not supported by a study and may not fully muffle
industrial noise generated on-site (similarly approved proffers have been difficult
to enforce).
• Height restriction limited to only 1,000-feet from Apple Valley Road and may not
serve to fully address concerns with preserving viewshed from Kernstown
Battlefield.
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Mr. Klein concluded, the Planning Commission held a public hearing on January 3, 2024,
and tabled the application for 60-days; the Planning Commission held a work session on February 21, 2024.
Ty Lawson, representing the Applicant addressed the Planning Commission concerns from the work
session. He shared pictures and exhibits of the proposed project.
The primary discussion amongst Planning Commission Members were the revisions made
to the proffer statement and generalized development plan (GDP) and if those changes addressed the
previously identified Planning Commission concerns (use restrictions, transportation improvements, and
performance standards to mitigate impacts). The Planning Commission generally reached a consensus on
the proffered restrictions to address noise, building height, architectural design, buffers and screening, and
a few items remained unresolved. These topics included: a lack of restrictions, off-site transportation
impacts from additional truck trips to Route 11, and pedestrian accommodations being clearly included in
the proffered road improvements.
Upon a motion made by Commissioner Brumback and seconded by Commissioner Kozel
to deny; this motion failed.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the
Rezoning #06-23 for Winchester Gateway, LLC.
Yes: Brannon, Markert, Stowe, Kerns, DeHaven, Aikens, Triplett
No: Brumback, Thomas, McKay, Kozel
(Note: Commissioner Molden was absent from the meeting)
SWSA Amendment
Wyatt G. Pearson, Director, reported this is a request to provide an exception to the Sewer
and Water Service Area (SWSA) policy. The properties are approximately .5 acres, are located within the
Back Creek Magisterial District at 8126 Valley Pike (91-A-26) and are zoned RA (Rural Areas). He shared
aerial photos of the properties. Mr. Pearson continued, currently the property is on Winchester City water,
and a private septic field. The Applicant/Owner has expressed concern regarding a potential failure of the
existing septic system. The Comprehensive Plan designates the properties to remain rural in the future. He
explained, the Applicant/Owner is proposing to connect the property to the existing private line that serves
the adjoining property (southwest) which in turn is connected to the Town of Middletown’s sanitary sewer
system. Mr. Pearson noted, since this is a private system serving more than one property, Staff advises the
Applicant/Owner to record necessary maintenance and access easements for the private infrastructure.
Upon a motion made by Commissioner Brumback and seconded by Commissioner McKay
to included Staff recommendations for easements
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the SWSA Amendment at 8126 Valley Pike (91-A-26).
(Note: Commissioner Molden was absent from the meeting)
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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 Kozel and unanimously
passed. The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
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Wyatt G. Pearson, Secretary
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