PC 06-05-24 Meeting Minutes
Frederick County Planning Commission Page 4125
Minutes of June 5, 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 June 5, 2024.
PRESENT: Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District;
Robert S. Molden, Opequon District; Kevin Sneddon, Opequon District; Justin Kerns, Stonewall District;
Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Charles E. Triplett,
Gainesboro District; Jason Aikens, Gainesboro District; Mollie Brannon, Member at Large; Roderick B.
Williams, County Attorney.
ABSENT: Tim Stowe, Chairman/Red Bud District; Jeff McKay, Back Creek District; Charles Markert,
Red Bud District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Amy Feltner, Planner I; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative
Guaranty Coordinator.
CALL TO ORDER
Vice Chairman Thomas called the June 5, 2024 meeting of the Frederick County Planning
Commission to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
Upon a motion made by Commissioner Kerns and seconded by Commissioner Kozel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Kerns and seconded by Commissioner Kozel, the
Planning Commission unanimously adopted the minutes from the April 17, 2024 meeting.
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Minutes of June 5, 2024
COMMITTEES
Comprehensive Plans and Programs Committee – Mtg. 5/16/24
Commissioner Triplett reported the committee received a briefing on the proposed text and
maps for the Western Frederick Land Use Plan. Staff noted additional community meetings on the plan
update would be held in August 2024 and dates and details of those meetings would be shared with the
Planning Commission in the coming weeks.
Transportation Committee – Mtg. 06/03/24
John A. Bishop, Assistant Director reported reviewed and discussed the following: Route
37 Study update; Interstate, Primary, and Secondary Road Plan updates; SmartScale Applications
Leveraged Funding and Support Resolutions; Exit 317 Divergin Diamond and Exit 317 Ramp Realignment
Project updates; Route 50/Victory Road Crossover Closure update; and County Project updates.
City of Winchester – Mtg. 5/07/24
Commissioner Dick, Winchester City Planning Commission Liaison, reported the
commission held a work session on an oil change facility.
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CITIZEN COMMENTS
Vice Chairman Thomas 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 Vice Chairman Thomas closed the public comments portion of the meeting.
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PUBLIC HEARINGS
Draft Update of the 2024-2025 Frederick County Interstate, Primary, and Secondary Road
Improvement Plans. The Primary and Interstate Road Improvement Plans establish priorities for
improvements to the Primary and Interstate Road networks within Frederick County. Comments
from the Transportation Committee will be forwarded to the Planning Commission and Board of
Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the
Commonwealth Transportation Board for consideration.
The Virginia Department of Transportation and the Planning Commission of Frederick County, in
Accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing in the
Board Room of the Frederick County Government Center, 107 North Kent Street, Winchester,
Virginia at 7:00 p.m. on Wednesday, June 5, 2024. The purpose of this public hearing is to receive
public comment on the proposed Six Year Plan for Secondary Road for Fiscal Year 2025 through
2030 Frederick County and on the Secondary System Construction Budget for Fiscal Year 2025.
Action – Recommend Approval
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Minutes of June 5, 2024
John A. Bishop, Assistant Director, reported this is a public hearing item to consider the
update of the 2024-2025 Interstate, and Secondary Road Improvement Plans.
Summary of Changes:
Interstate Plan: Minor update to termini of widening area from Exit 313 to Exit 317.
Secondary Plan Updates are as follows:
1. Update Major Road improvements list to reflect current activities.
2. Update Advertisement years for projects on the scheduled list.
3. Add the following projects via promotion from the Unscheduled to the Scheduled
list:
a. Ruebuck Lane
b. Hunting Ridge Road
4. Add Passage Lane and Germany Road to the Unscheduled list.
Mr. Bishop continued, the Transportation Committee reviewed this item on June 3, 2024,
and has recommended approval. They also reviewed the Primary Plan draft and have determined that they
want to do some additional work on it prior to moving it forward.
Vice Chairman Thomas called for anyone who wished to speak regarding this Public
Hearing to come forward at this time. No one came forward to speak and Vice Chairman Thomas closed
the public comment portion of the hearing.
Upon a motion made by Commissioner Aikens and seconded by Commissioner Kerns
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of the Draft Update of the 2024-2025 Frederick County Interstate, Primary, and Secondary Road
Improvement Plans.
(Note: Chairman Stowe, Commissioner Markert, and Commissioner McKay were absent from the meeting)
Ordinance Amendment to the Frederick County Code – Churches and Places of Worship and
Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers, and Their Related Club
Facilities.
Action – Recommend Approval
Kayla Peloquin, Planner I, reported this is a proposal to amend the term “Church” to
Churches and Places of Worship” in every instance where “Church” is used. She noted no changes are
proposed to the definition. This proposal also amends the RA (Rural Areas) Zoning District “Conditional
Uses” section §165-401.03 to add “Nationally chartered fraternal lodges or civic clubs, social centers and
their related club facilities” as a conditional use. She continued; this proposal relocates the additional
regulations for the use from the RP (Residential Performance) Zoning District conditional uses list §165-
402.03 to a new subsection in the Additional Regulations for Specific Uses section §165-204. No changes
are proposed to the existing additional regulations, which are being moved to make the ordinance more
consistent so that all additional regulations would be found in §1650204. She stated; this ordinance
amendment was initiated by Staff. It was noted that there will be no impact on existing churches and such.
Vice Chairman Thomas called for anyone who wished to speak regarding this Public
Hearing to come forward at this time. No one came forward to speak and Vice Chairman Thomas closed
the public comment portion of the hearing.
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Minutes of June 5, 2024
Upon a motion made by Commissioner Kerns and seconded by Commissioner Kozel
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Ordinance
Amendment to the Frederick County Code – Churches and Places of Worship and Nationally Chartered
Fraternal Lodges or Civic Clubs, Social Centers, and Their Related Club Facilities.
Yes: Thomas, Molden, Brumback, Kozel, Triplett, DeHaven, Sneddon, Kerns, Aikens
No: Brannon
(Note: Chairman Stowe, Commissioner Markert, and Commissioner McKay were absent from the meeting)
Ordinance Amendment to the Frederick County Code – Definitions and Corrections for
Conference/Events Centers, Data Centers, Solid Waste Collection, and Materials Recovery Facilities.
Action – Recommend Approval
Amy L. Feltner, Planner I, reported this is a proposal to change the definitions, to update
standards, correct errors, and to remove multiple types of public garage. The amendment will specifically
list the allowance of conference/event centers and data centers in the B2 (General Business) and B3
(Industrial Transition) Zoning Districts; Data centers in the M1 (Light Industrial), M2 (Industrial General),
and TM (Technology-Manufacturing Park) Zoning Districts; Commercial Sport and Recreation Clubs in
the B2 (General Business); Continuing Care Retirement Community (CCRC) in the MS (Medical Support)
Zoning District; and clarify the recycling operation and recreational facilities in the M1 (Light Industrial)
Zoning District. The B1 (Neighborhood Business) District square foot limitation for retail stores and
grocery/food stores has been relocated. She noted, the amendments are not adding additional permitted
uses, but rather clarifying that these are permitted uses. These uses were previously allowed under the
Standard Industrial Classification (SIC) use table that were replaced with NAICS terminology in 2023.
Mrs. Feltner shared; the Development Review & Regulations Committee (DRRC)
discussed these items on March 28, 2024. In discussing the updated “caliper” definitions, the committee
suggested providing a link on the Frederick County web site for ease in finding the information. The
committee was not supportive of the continued inclusion of “data centers” in the B2 (General Business)
Zoning District. She noted, if data centers were to be permitted, additional buffer requirements, size
limitations, and other requirements should be added in the “Additional Regulations for Specific Uses”
section of the zoning ordinance. The committee was supportive of all other proposed amendments and
offered no comments.
Mrs. Feltner shared, the Planning Commission discussed these items on April 17, 2024 and
were supportive of the DRRC recommendations. The Board of Supervisors discussed these items on their
May 8, 2024 meeting and were supportive in moving the proposed ordinance amendments forward to public
hearing and recommended removal of Data Centers from the B2 (General Business) District. The Board
of Supervisors directed Staff to add specific regulations directed toward Data Centers to address the impacts
of adjacent landowners for all remaining zoning districts permitting Data Centers as a by-right use. Staff
will present the additional regulations for Data Centers at a later date.
Vice Chairman Thomas called for anyone who wished to speak regarding this Public
Hearing to come forward at this time. No one came forward to speak and Vice Chairman Thomas closed
the public comment portion of the hearing.
Upon a motion made by Commissioner Kozel and seconded by Commissioner DeHaven
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Minutes of June 5, 2024
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Ordinance Amendment to the Frederick County Code – Definitions and Corrections for
Conference/Events Centers, Data Centers, Solid Waste Collection, and Materials Recovery Facilities.
(Note: Chairman Stowe, Commissioner Markert, and Commissioner McKay were absent from the meeting)
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ACTION ITEM
Rezoning #03-24 for Snowden Bridge & Stephenson Village II (Brookfield Stephenson Village, LLC
& Snowden Bridge Holdings, LLC).
Action – Recommend Denial
Commissioner Kozel would abstain from all discussion on these items for a possible
conflict of interest.
M. Tyler Klein, Senior Planner, reported this is a request to rezone approximately
330.46+/- acres of the R4 (Residential Planned Community) District with proffers to the R4 District with
modified proffers. The subject property is located in the Stonewall Magisterial District. The proposed
proffer amendment includes changes to density, housing types mix, cash proffers, recreational amenities,
and commercial development. Mr. Klein presented the 2023 and 2024 GDP’s and noted the changes. He
noted the maximum number of units permitted remains unchanged. He explained, the proposed rezoning
does not propose to change the current zoning of the property (R4) or site access. The proposed rezoning
would not have a negative impact on the planned or existing transportation facilities in the vicinity of the
project. As such, the proposed rezoning remains in general conformance with the Comprehensive Plan
policies specific to future land use compatibility. He noted, however, the proposed rezoning does not
address all future transportation improvements identified in the Plan, including Route 37 along the southern
property boundary, and may not be fully compatible with Plan policies.
Mr. Klein concluded the Planning Commission postponed this item at their April 17, 2024
meeting and requested the applicant address their concerns. A revised proffer statement (revised May 20,
2024) has been provided. Staff would note the redline proffers provided only identify changes made since
the last Planning Commission meeting. Mr. Klein shared the proffers revisions from the April 17, 2024
Planning Commission meeting:
• The per unit monetary contribution for each non-age-restricted unit (Proffer 4) has
been revised to $20,309 for single family detached units and $19,038 for attached
units, commencing with the 1,726th non-age restricted residential unit.
• The Commercial Center (Proffer 13(F)) was revised to begin no later than October
2, 2027. The commitment to construct a minimum of 60,000 square feet of
commercial was reinstated in the proposal.
• The previous revision to remove the rent-free County office space was deleted.
Ty Lawson, representing the Applicant shared a visual presentation. In their discussion,
the Planning Commission stated concerns with the capital impacts of this development on County services,
specifically on schools. Commissioners noted that by allowing additional non-age restricted units (240)
which would generate more school-age children, this would further exacerbate the capital impact concerns.
It was noted that the development has a significant number of unbuilt units, both age and non-age restricted.
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Upon a motion made by Commissioner Kerns and seconded by Commissioner DeHaven
BE IT RESOLVED, the Frederick County Planning Commission does recommend denial Rezoning #03-
24 for Snowden Bridge & Stephenson Village II (Brookfield Stephenson Village, LLC & Snowden Bridge
Holdings, LLC).
Yes: Brannon, Brumback, Thomas, Kerns, DeHaven
No: Sneddon, Molden, Aikens, Triplett
Abstain: Kozel
(Note: Chairman Stowe, Commissioner Markert, and Commissioner McKay were absent from the meeting
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OTHER
Wyatt G. Pearson, Director, stated a MDP has been received for Arbor Glen (TDR) and for
Washington Commons.
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Kerns to adjourn the meeting. This motion was seconded by Commissioner Kozel and unanimously passed.
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
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Tim Stowe, Chairman
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Wyatt G. Pearson, Secretary