PC 03-20-24 Meeting Minutes
Frederick County Planning Commission Page 4107
Minutes of March 20, 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 20, 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; Mark R. Cheran,
Zoning & Subdivision Administrator; Amy L. Feltner, Planner I.
CALL TO ORDER
Chairman Stowe called the March 20, 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 Markert,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel, the Planning
Commission unanimously adopted the minutes from the January 3, 2024 meeting.
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COMMITTEES
Frederick Water – Mtg. 3/19/24
Commissioner Brumback reported the Board agreed that the quarries and groundwater
have recovered and recharged sufficiently to enable Frederick Water to no longer be in a drought. Staff
updated the Board on progress of repairing a 20-inch water main which crosses under I-81 in the Kernstown
area and Staff updated the Board on the advancement of the Crooked Run and Double Tollgate pump
stations and force mains project.
City of Winchester – Mtg. 3/19/24
Commissioner John Fox, Winchester City Planning Commission Liaison, reported the
Commissioner reviewed the CIP and a large stormwater project moving forward. They also discussed
various other applications and the rezoning for Wards Plaza has passed.
Board of Supervisors – Mtg. 3/13/24
Supervisor Liero, Board of Supervisor Liaison reported the Board approved the following:
Telecommunication Ordinance; CUP #06-23 and CUP #07-23 for Diamond Communications; the CIP; a
SWSA for 8126 Valley Pike. The CPPA #02-23 for Jordan Springs was removed from the agenda per the
Applicant’s request.
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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 #02-24 for Washington Commons (Washington Commons Real Estate, LLC)
Action – Recommend Approval
John A. Bishop, Assistant Director, reported this is a request to rezone approximately
1.01+/- acres of a 11.605+/- acre parcel from the RP (Residential Performance) District to the B2 (General
Business) District with proffers, the remaining 10.595+/- acres of the 11.605+/- acre parcel from B2
(General Business) /M1 (Light Industrial) to B2(General Business)/M1 (Light Industrial) Districts with
proffers; and a request to rezone approximately 1.03+/- acres of a 24.63+/- acre parcel from the B2 (General
Business) District to the RP (Residential Performance) District with proffers, and the remaining 23.60+/-
acres of the 24.63+/- acre parcel from RP (Residential Performance) District with proffers. He noted this
would result in a net increase of .02 acres in the RP. The property is located on the southern side of the
intersection of Gateway Drive and Route 7 and the Property Identification Numbers (PIN) are 54-5-10 and
54-A-111. He shared a location map and zoning map of the properties. Mr. Bishop presented the GDP
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provided by the Applicant and the County’s Long Rage Land use map. Mr. Bishop explained this
applications pertaining to the Comprehensive Plan: The Senseny/Eastern Frederick Urban Area Plan
designates a mix of B2/B3 and Mixed Use for the parcels the Applicant is seeking action on. Based upon
the location of the parcels in this application, the Senseny/Eastern Frederick Urban Area Plan states the
following:
• “These areas of land use are located at highly visible locations on prominent
interstate interchanges, and along the primary arterial roads that feed into the
Interstate. They shall be designed specifically to accommodate and promote
highway commercial land uses. Particular effort must be made to ensure that
access management for the supporting transportation network is a key priority, as
the function of the Interstate and Primary road network is of paramount
importance. The site layout and building design should recognize the nature of the
region and land plans should not focus on the minor use, but the comprehensive
macro use”.
Mr. Bishop presented the proffers brought forth with this application:
• Construction, in two phases of the major collector road extension from the
Gateway Drive intersection with Route 7 to their southern property line.
• Right in right out access on Route 7 to the east of the Gateway Drive intersection.
• Upgrades to Route 7 turn lanes at Gateway Drive.
• Improvements to the intersection of Regency Lakes Drive and Route 7 to assure
that traffic exiting their property via Cole Lane cannot cut over to the left turn lane,
thus creating a potentially dangerous weave condition.
• Addition of a proffer of $.10 per non-residential building square foot within the
area being rezoned to B2.
• Addition of a proffer of $9,912.00 (state note: amount was generated by the
County).
Mr. Bishop concluded, the remaining outstanding issues are a need to reword Cole Lane
proffer (1d); minor updates to the GDP to address acreage and other references. He noted the proposed
rezoning is in general conformance with the Comprehensive Plan.
The Commission members asked a number of clarifying questions regarding how the
application fits within the Comprehensive Plan, traffic impacts, pending improvements, and noted the by
right nature of the existing zoning on the property. The Commission endorsed the needed updates to the
proffers and the GDP as noted in the Staff report.
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 Markert and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #02-24 for Washington Commons (Washington Commons Real Estate, LLC).
(Note: Commissioner Molden was absent from the meeting)
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Conditional Use Permit #01-24 for Christopher Bowie
Action – Recommend Approval
Amy L. Feltner, Planner I, reported this application is submitted for a public garage with
body repair. The 25+/- acre property is located at 703 N. Pifer Road, in the Back Creek Magisterial District
and is identified with Property Identification Number (PIN) 69-A-35B. She shared a location map of the
property. Mrs. Feltner continued; the Applicant proposes the following (which are not conditions):
• Small scale repair on personally owned vehicles in an existing 40’ x 60’ building.
• The Applicant proposes the hours of operation of Monday-Friday from 8 a.m. to 6
p.m. and Saturdays from 8 a.m. to 12:00 pm with 1-2 customers expected weekly.
• A parking area to the rear of the existing building for maximum of two vehicles
which is not visible to any properties or North Pifer Road.
• No Employees.
Mrs. Feltner explained the Zoning Ordinance §165-204.12 Supplementary Use
Regulations requires the following:
A. All repair shall take place entirely within an enclosed structure.
B. All exterior storage of parts and equipment shall be screened from view of
surrounding properties by a screen 6’ in height.
C. Inoperable vehicles must be stored within a totally enclosed building or screened
on all sides by a 6’ opaque element such as a fence, wall, or berm.
D. Sales of automobiles shall not be permitted.
Mrs. Feltner presented the following conditions be placed on the Conditional Use Permit
(CUP) as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County
and all improvements completed prior to the establishment of the use.
3. All automotive repair related activities shall occur entirely within an enclosed
structure. Exterior storage of parts and equipment shall be screened from view
with an opaque fence or screen at least 6’ in height (§165-204.12 – Automotive
Repair Shops and Public Garage).
4. All parking areas shall have a gravel surface.
5. The business is not permitted to have employees beyond the current residents.
6. Hours of operation: 8 a.m. to 6 p.m. Monday – Friday; 8 a.m. to noon Saturdays.
7. Maximum of five vehicles awaiting service is permitted.
8. Any expansion or change of use will require a new Conditional Use Permit (CUP).
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The Planning Commission verified that Mr. Bowie resided on the property, and it is his
primary residence.
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 Brumback and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #01-24 for Christopher Bowie.
(Note: Commissioner Molden was absent from the meeting)
South Frederick Agricultural and Forestal District Removals and Addition
Action – Recommend Approval
Commissioner McKay would abstain from all discussion on these items for a possible
conflict of interest.
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for the
removal of two (2) parcels (Tax Map #84-A-28A Charles and Robin Bentley) totaling 64.14+/- acres and
(Tax Map #74-A-3 West Oaks Farm Market, LLC) totaling 71.21+/- acres and add one (1) parcel (Tax Map
#73-A-20 Springwood Farms) totaling 238.51+/- acres to the South Frederick Agricultural Forestal District.
The request by the two property owners to remove the parcels from the District is to allow for the parcels
to be subdivided. He explained, this District is located within the Back Creek Magisterial District and
currently contains 6,921.63+/- acres. It is generally located along Cedar Creek Grade (Route 622), Middle
Road (Route 628), Marlboro Road (Route 631), and Hites Road (Route 625). Mr. Cheran presented
mapping of the subject properties.
Mr. Cheran reported the 2035 Comprehensive Plan of Frederick County provides guidance
when considering land use actions. The District is outside the Urban Development Area (UDA) and Sewer
and Water Service Area (SWSA) and is not part of any land use plan or study by the Cou nty. The current
land use should remain in its present land use with orchards, agricultural, and residential. The
Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and
Forestal Districts. The Comprehensive Plan supports the District for it provides an opportunity for the
agribusiness community to conduct long range planning efforts for the management of their operations,
while providing a reserve of agricultural land through the year 2025.
Mr. Cheran continued, the request meets the intent of Chapter 43, Section 15.2-433 of the
Code of Virginia, 1950, as amended, and have been evaluated in conjunction with the 2035 Comprehensive
Plan. The removal of two (2) parcels of a total of 135.35+/- acres will decrease the total acreage of the
District to 6,786.28+/- acres. The addition of one (1) parcel of 238.51+/- acres will increase the acreage of
the District to a total of 7,024.79+/- acres. The South Frederick Agricultural and Forestal District will be
valid until August 12, 2025. The Agricultural District Advisory Committee (ADAC) unanimously
recommended approval of the removal of the two (2) parcels and the addition of one (1) parcel at their
meeting on February 20, 2024. Staff is seeking recommendation to forward to the Board of Supervisors.
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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 Brumback and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the South Frederick Agricultural and Forestal District Removals and Addition.
(Note: Commissioner Molden was absent from the meeting)
South Timber Ridge Agricultural and Forestal District Addition for CKW Rentals, LLC
Action – Recommend Approval
Commissioner McKay would abstain from all discussion on these items for a possible
conflict of interest.
Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to add one
(1) parcel (Tax Map #37-A-8 CKW Rentals, LLC) totaling 76.90+/- acres to the South Timber Ridge
Agricultural Forestal District. This District is located within the Gainesboro Magisterial District and
currently contains 1,170.94+/- acres. It is generally located along Hollow Road (Route 707) to the north,
Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. This additional parcel of 76.90+/-
acres will bring the District total to 1,247.84+/- acres. He provided mapping of the property. Mr. Cheran
explained, the 2035 Comprehensive Plan of Frederick County provides guidance when considering land
use actions. The District is outside the Urban Development Area (UDA) and Sewer and Water Service
Area (SWSA) and is not part of any land use plan or study by the Cou nty. The current land use should
remain in its present land use with orchards, agricultural, and residential. The Comprehensive Plan can
accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The
Comprehensive Plan supports the District for it provides an opportunity for the agribusiness community to
conduct long range planning efforts for the management of their operations, while providing a reserve of
agricultural land through the year 2025.
Mr. Cheran continued , the request meets the intent of Chapter 43, Section 15.2-433 of the
Code of Virginia, 1950, as amended, and have been evaluated in conjunction with the 2035 Comprehensive
Plan. The South Timber Ridge Agricultural and Forestal District will consist of 1,247.84+/- acres and will
be valid until August 12, 2025. The Agricultural District Advisory Committee (ADAC) unanimously
recommended approval of the addition of one (1) parcel to the South Timber Ridge Agricultural and
Forestal District at their meeting on February 20, 2024. Staff is seeking recommendation to forward to the
Board of Supervisors.
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 Triplett
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the South Timber Ridge Agricultural and Forestal District Addition for CKW Rentals, LLC.
(Note: Commissioner Molden was absent from the meeting)
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ACTION ITEMS
Appeal to the Subdivision Administrator in the Administration of the County Code Chapter 144
Section(s) 3 and 37
Action – Recommend Approval
Mark R. Cheran, Zoning & Subdivision Administrator, reported the Applicant is appealing
the Subdivision Administrator in the administration of the County Code Chapter 144 Section(s) 3 and 37,
resulting of the decision of the Subdivision Administrator not approving a minor rural subdivision for the
Heflin parcel. The parcel is located on Quail Run Lane in the Back Creek Magisterial District and is
identified with PIN 40-A-129; the current land use is vacant. He shared a location map of the property.
He continued, the proposed subdivision plat that was submitted for this property does not
meet the requirements of: Chapter §144-3 Compliance; requires all plats meet Frederick County
Comprehensive Plan, the Frederick County Code, and the requirements of this chapter. Chapter §144-37
Final plats; the subdivider shall be required to submit a deed of dedication, copy of all covenants or
restrictions, an estimate o all public improvements, all required guaranties for improvements and all final
plats to the Subdivision Administrator. All finals plats shall contain the following information:
• The location, names and right-or-way widths of existing and planned roads,
streets, and shared private driveways adjacent to and on the property.
• Existing or proposed utilities, utility easements, and other easements, with
dimensions and locations.
• The location of required setback lines on each lot.
Mr. Cheran explained, the Applicant summited a subdivision plat for the above referenced
property. The proposed subdivision plat for the property seeks to create a 10.5648+/- acre parcel from a
74.50+/- acre property, at the southern end of the parcel fronting on Quail Run Lane and straddling Deer
Run Lane. Section 165-201.02 (B) of the Zoning Ordinance requires front yard setbacks wherever a lot
abuts a right-of-way. Therefore, the setbacks for the proposed 10.5647+/- acre parcel, per Section 165-
401.07 (A) of the Zoning Ordinance, applicable in the RA Zoning District, are 60-feet from the right-of-
way of each street, road or ingress/egress easement (thus from Quail Run Lane and Deer Run Lane), 50 -
feet on the southern boundary of the parcel (due to the adjacent parcels being smaller than 6-acres each),
and 100-feet on the western and northern boundaries (due to the adjacent parcels being larger than 6-acres
each). He continued; the referenced property is located within the subdivision known as Lincoln Estates.
This subdivision was created in the 1940’s via deeds and plats. This property has been deeded and
subdivided over the years, leading up to the current subdivision application. Frederick County adopted
zoning in 1967. The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural Limited) in 1967. Frederick County amended its Ordinance in 1989 to change the A-2 Zoning
District to the RA (Rural Areas) Zoning District.
Mr. Cheran presented a location map of the property as well as the plat. He shared the
§144-5. Interpretations and Appeals from the Zoning Ordinance: The Subdivision Administrator shall have
the authority to make interpretations concerning the application of the requirements of this chapter. Any
person aggrieved by an interpretation made by the Subdivision Administrator may appeal that interpretation
to the Board of Supervisors, with a recommendation from the Planning Commission. Variations in or
exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual
situations or when strict adherence to the general regulations would result in substantial injustice or
hardship.
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Mr. Cheran concluded, where the proposed subdivision plat is to show the required
setbacks, an ample area would remain on the 10.5647+/- acre parcel, including an area of approximately
20,000 sf or more, west of Deer Run Lane within this parcel a dwelling could be constructed. The owner
would have economically viable use of the property. Nothing here presents an unusual injustice or hardship.
The proposed subdivision plat is not in accordance with the requirements of the Frederick County
Subdivision Ordinance Section 144-37 (R) and the plat does not show 60-foot setbacks along Deer Run
Lane.
Planning Commission Members raised questions regarding if there are other options to
possibly work with the adjoining property owners and if other owners could extinguish their rights to the
road and if the road could be moved. Mr. Cheran noted that would be a plat correction with the Applicant
and the other property owners all in agreement. The Applicant, Rick Evans came forward and shared his
concerns that there is no right-of-way and three deed searches have been completed. Rod Williams, County
Attorney, explained that of the three deed searches completed, none have been submitted to the County and
in regards to the surveyor, the plat did who the dirt road and it did not show the setbacks.
Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does unanimously affirm the decision of
the Subdivision Administrator in the administration of the Frederick County Code Chapter 155 Section(s)
3 and 37.
(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
Brannon to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
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Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
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