PC 11-06-24 Meeting Agenda1.Call to Order
2.Pledge of Allegiance
3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
4.Meeting Minutes
4.A.September 4, 2024 Meeting Minutes
4.B.September 18, 2024 Meeting Minutes
5.Committee Reports
6.Citizen Comments
7.Action Item
7.A.Rezoning #07-24 for William and Barbara Houdershell - (Mrs. Peloquin)
Submitted to rezone 5+/- acres from M1 (Light Industrial) District to RA (Rural Areas)
District. The property is located at 8183 Valley Pike, Middletown, Virginia and is
identified by Property Identification Number 91-A-28B in the Back Creek Magisterial
District.
8.Other
8.A.Current Planning Applications
9.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, NOVEMBER 6, 2024
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC11-06-24MinutesSeptember4.pdf
PC11-06-24MinutesSeptember18.pdf
PC11-06-24REZ07-24_Redacted.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: November 6, 2024
Agenda Section: Meeting Minutes
Title: September 4, 2024 Meeting Minutes
Attachments:
PC11-06-24MinutesSeptember4.pdf
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Frederick County Planning Commission Page 4136
Minutes of September 4, 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 September 4, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Justin Kerns, Stonewall District;
Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek
District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Mollie Brannon,
Member at Large; Austin Cano, Acting County Attorney.
ABSENT: Charles Markert, Red Bud District; Robert S. Molden, Opequon District.
STAFF PRESENT: John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Kayla Peloquin,
Planner I; Shannon L. Conner, Administrative Guaranty Coordinator.
CALL TO ORDER
Chairman Stowe called the September 4, 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 Thomas,
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 June 5, 2024 and July 3, 2024
meetings.
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Minutes of September 4, 2024
COMMITTEES
Transportation Committee – Mtg. 8/26/24
John A. Bishop, Assistant Director, reported, the Committee discussed the following: The
Western Frederick Land Use Plan; Revenue Sharing and Transportation Alternatives Projects, recent
awards; MPO Transit Feasibility Study; Renaissance Drive supplement appropriation; and an update on
County projects.
Frederick Water – Mtg. 8/20/24
Commissioner Brumback reported, the Board authorized the Executive Director to execute
a tower site lease with Arcola Towers. She continued, Frederick County remains in a drought watch and
she shared the operations report for July.
City of Winchester – Mtg.
Commissioner Fox, Winchester City Planning Commission Liaison, reported Abrams
Crossing Development, Zeropac project, Smalts Townhomes are all progressing along well.
Board of Supervisors – Mtg. 7/10/24 and 8/14/24
Supervisor Liero, Board of Supervisors Liaison reported Golds Hill Road truck restrictions
was approved; Rezoning for Snowden Bridge/Stephenson Village was postponed on July 10th and brought
back on August 14th at which time it was denied; two ordinance amendments were approved; a CUP for
Firehouse Lane was approved; a proffer amendment for Round Hill Crossing was approved; and a
Subdivision Waiver for Darrien LLC was approved.
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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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Minutes of September 4, 2024
PUBLIC HEARINGS
Rezoning #06-24 for Fruit Hill (Equus Capital Partners, Ltd., DTS, LC, and William O. Minor)
Action – Recommend Approval
Commissioner McKay would abstain from all discussion on these items for a possible
conflict of interest.
John A. Bishop, Assistant Director, reported this is a request to rezone 220.06 +/- acres
which consist of 189.08 +/- acres from RA (Rural Areas) District to M1 (Light Industrial) District, 10.34
+/- acres from RA (Rural Areas) District to B2 (General Business) District, and 20.64 +/- acres from RA
(Rural Areas) District to TM (Technology Manufacturing) District with proffers. The properties are located
at 384 Ruebuck Lane, 1420 Rest Church Road, and the southwest corner of the intersection of Rest Church
Road and Zachary Ann Lane. The properties are identified by Property Identification Numbers 33-9-1A,
33-A-89, and 33-A-90 in the Stonewall Magisterial District. Mr. Bishop shared a location map of the
property along with a zoning map. He presented the proffer highlights for this application:
• Numerous use restrictions
• 2,425,000 square feet of development with 300,000 square feet reserved for Data
Center
• Landscaped berm along Carrollton Subdivision and Ridgeway Estates
• Relocation of Zachary Ann Lane
• Westbound left turn lane on Rest Church and Fruit Hill Road
• Additional right-of-way, cul de sac installation, paving, and development traffic
prohibition on Ruebuck Lane
• Route 11 intersection with Rest Church improvements within 6 months of VDOT
plan approval
• No entrances onto property other than Fruit Hill Road
• Dedication of 104’ right-of-way and construction of 2 lanes with required turn
lanes of Fruit Hill Road through the limits of the property generally as shown on
the GDP
• Pro-rata share should a signal at Rest Church and Fruit Hill Road become
warranted. Pro-rata share calculation not to include through trips on Rest Church
Road
• Any lighting within 50’ of any property line shall be oriented perpendicular to and
faced away from that property line
• $150.00 per 1,000 square feet of development to fire and rescue
Mr. Bishop shared a visual of the GDP for site development and transportation plans. He
noted this application does not conform with the Board of Supervisor’s adopted Comprehensive Plan and
it does not address the I-81 NB Exit ramp to Rest Church Road turn lane identified in the TIA. Mr. Bishop
explained this item (previously rezoning 10-22) was heard by the Planning Commission and a public
hearing held on 4/19/23. At that time the Planning Commission noted their areas of concern which
primarily dealt with traffic and particularly the intersection of Route 11 and Rest Church Road. The
applicant noted their willingness to adjust the proffers, and the rezoning was postponed until the 5/17/23
meeting. This item was then reviewed again with updated proffers and the Planning Commission
unanimously recommended approval with a note that the Board direct staff to address the remaining
elements of the TIA that were unaddressed. The item was subsequently not heard by the Board of
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Supervisors due to being withdrawn by the applicant and has now been refiled with minor changes to the
form that the Planning Commission was presented on 5/17/23.
The Planning Commission members sought clarification on vested rights for a potential
data center, trip generation in the M1 portion of the rezoning and how additional trips beyond those studied
in the TIA were addressed in the proffers, and the pro rata share calculations for the potential signal at the
intersection of Rest Church Road and future Fruit Hill Road.
Mr. John Foote, representing the Applicant came forward and share brief comments
pertaining to the changes made to this application and the proffers.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Citizens (Charles Gilbert, Joan Kibler, and James Smith) spoke against this
application siting: traffic concerns, land remaining agriculture, and the lack of support for a data center. No
one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing.
Upon a motion made by Commissioner DeHaven and seconded by Commissioner Aikens
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of Rezoning
#06-24 for Fruit Hill (Equus Capital Partners, Ltd., DTS, LC, and William O. Minor).
Yes: Brannon, Brumback, Sneddon, Stowe, Thomas, Kozel, DeHaven, Aikens, Triplett
No: Kerns
Abstain: McKay
(Note: Commissioner Markert and Commissioner Molden were absent from the meeting)
Rezoning #07-24 for William and Barbara Houndershell
Action – Tabled for 90 days
Kayla Peloquin, Planner I, reported this is a request to rezone 5+/- acres from M1 (Light
Industrial) District to the RA (Rural Areas) District with no proffers. The property is located at 8183 Valley
Pike in the Back Creek Magisterial District. She shared a zoning map of the property. Mrs. Peloquin
continued; the property was rezoned from A2 (Agricultural General) to M1 (Industrial Limited) in 1975
with no proffers; the M1 Zoning District was later renamed “Light Industrial”. The structure, which has
been well preserved and is currently used as a residence, was constructed in 1883 and is listed on the VA
Landmarks Register and the National Register of Historic Places. She noted, the Comprehensive Plan
designates this property and the surrounding area to remain rural and states that historic preservation is a
preferred use for the County’s rural areas. She commented, the proposed rezoning is in conformance with
the Comprehensive Plan.
The Planning Commission members inquired what the impacts would be on the property
directly to the south of the subject property; Mrs. Peloquin responded that the zoning and permitted uses of
the adjoining property would remain the same. Should the rezoning be approved and should the property
to the south submit a new site plan, a Category C buffer would be required in accordance with §165-
203.02(D)(7) that allows for a common shared buffer and screening easement to be recorded with the
consent of both landowners. Planning Commission members asked for clarification on what the impacts
of this rezoning would be on the adjoining parcel to the north that is within the Town of Middletown. Mrs.
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Peloquin noted that the County has no decision-making authority for the Middletown property and will look
into their ordinance to determine the potential impacts.
Mrs. Barbara Houndershell, the Applicant came forward and shared the history of the
property in detail. She stated she would like to preserve the entire property.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Mr. John Goode, owner of the property to the south commented he feels this
will negatively impact his property by reverting to RA (Rural Areas) and he does not think the rezoning is
warranted for this particular property and area. No one else came forward to speak and Chairman Stowe
closed the public comment portion of the hearing.
A discussion was held by the Commission Members on the Comprehensive Plan for this
area that designates the area to remain rural, despite the several existing industrial uses in the vicinity. This
area of the County has likely not been studied in depth and Staff should consider this when undertaking the
full Comprehensive Plan update in the coming years. The Planning Commission directed Staff to work
with the Applicant and the adjoining property owner to facilitate an agreement regarding the shared buffer.
Upon a motion made by Commissioner McKay and seconded by Commissioner Brumback
to table this rezoning for a period of 90 days
BE IT RESOLVED, the Frederick County Planning Commission does recommend to table for 90 days
Rezoning #07-24 for William and Barbara Houndershell.
Yes: Brannon, Brumback, McKay, Sneddon, Stowe, Thomas, Kozel, Kerns, Triplett
No: DeHaven, Aikens
(Note: Commissioner Markert and Commissioner Molden were absent from the meeting)
Rezoning #08-24 for D&M Container Service (Jimmy Johnson)
Action – Tabled to October 2, 2024
M. Tyler Klein, Senior Planner, reported this is a request to rezone 13+/- acres from the
RA (Rural Areas) District to the M1 (Light Industrial) District with proffers for the purpose of establishing
a container service facility. He presented a zoning map and a long range land use map of the property. Mr.
Klein continued, the Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan
(SOFRED) provide guidance on the future development of the subject property. The Plan identifies the
subject properties with an industrial land use designation and as being within the limits of the Sewer and
Water Service Area (SWSA) and outside of the Urban Development Area (UDA). Further, the SOFRED
plan identifies the subject properties within the “Route 277 Triangle Centers of Economy planning area.
Mr. Klein reported, the proposed rezoning proposes a use (container service facility)
typically associated with the industrial land use designation in the Comprehensive Plan. However, the
proposed rezoning application materials do not specifically address how the use supports the County’s
targeted industries or the area plan’s vision for a mix of flexible uses. He noted thus the application is not
fully compatible with the Comprehensive Plan policies. Mr. Klein explained, the Plan also identifies
transportation improvements in the vicinity of the subject properties. Fairfax Pike (Route 277) is identified
as an improved minor arterial roadway; right-of-way will be required along the subject properties frontage
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to accommodate this future condition as well as any warranted turn lanes (subject to VDOT approval).
Further, the Plan identifies a multi-use trail along the frontage.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Ben Ridings spoke in support of the proposed rezoning. No one else came
forward to speak and Chairman Stowe closed the public comment portion of the public hearing.
The primary discussion among the Planning Commission was the potential impacts of the
rezoning that as proposed may allow for any allowed M1 Zoning District use, some of which may have an
impact on adjoining properties. Also discussed were the hours of operation, truck repairs, and buffers.
Upon a motion made by Commissioner Sneddon and seconded by Commissioner Thomas
to table the rezoning to the first Planning Commission meeting in October to work on mitigating impacts.
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend tabling
Rezoning #08-24 for D&M Container Service (Jimmy Johnson) to the first Planning Commission meeting
in October, 2024.
(Note: Commissioner Markert and Commissioner Molden were absent from the meeting)
Conditional Use Permit #04-24 for Marlboro Springs LLC (Samuel Smith)
Action – Recommend Approval
Commissioner McKay would abstain from all discussion on these items for a possible
conflict of interest.
Kayla Peloquin, Planner I, reported this is a proposal for a special event facility on
102.69+/- acres located at 1147 N. Pifer Road, in the Back Creek Magisterial District. She shared a zoning
map of the property and surrounding area. The Applicant is proposing the following:
• Use the existing barn for special events
• Hours of operation Sunday – Thursday 8:00 a.m. to 9:00 p.m.; Fridays, Saturdays,
and Holidays 8:00 a.m. to 10:00 p.m. (one hour afterwards for clean-up)
• No more than 250 guests
• Add two pavilions to the property for future use
Mrs. Peloquin explained, the proposed use meets the definition of a special event facility
contained in §165-101.02. She noted, §165-204.30 includes Additional Regulations for Specific Uses for
special event facilities that will be addressed through the sketch 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. Mrs.
Peloquin shared the conditions for this application as recommended by Staff:
1. All review agency comments and requirements shall be complied with at all times.
2. Events shall begin no earlier than 8:00 a.m. on any day. Outdoor music shall end
by 9:00 p.m. Sunday through Thursday and by 10:00 p.m. on Fridays, Saturdays,
and Holidays. One (1) hour after the music ends will be allowed for clean-up and
for guests and vendors to exit the property.
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3. No more than 250 guests on the property at any one time.
4. An illustrative sketch plan, addressing the additional regulations for special event
facilities contained in §165-204.30 shall be approved by Frederick County, and the
improvements shown on the plan shall be completed prior to the establishment of
the use.
5. Any expansion or change of use shall require a new Conditional Use Permit.
Sam Smith, the applicant came forward and shared a brief vision of his proposal. He stated
his intent is to maintain the farm first then have events when able. He noted the commercial entrance was
permitted through VDOT and has already been installed; and no buffer trees have been plated to date.
The Planning Commission members asked about the size of the pavilions, which would be
relatively small and more resembling of a picnic shelter. The applicant is prepared to use gravel or another
hard surface for roughly 85 parking spaces and the barn can comfortably accommodate around 150-160
people. When asked about the restrooms, the applicant stated they will bring in portable restroom facilities
for events and potentially upgrade the drain field in the future to support additional bathrooms. The
applicant stated the DJs typically set up their equipment on the patio right outside of the barn and
occasionally set up inside the barn. The applicant has a decibel meter and has used it before to determine
sound levels at property lines. The Planning Commissioners discussed the benefits of the proposal on other
local businesses in the County as well as the ability for the property to remain intact and used for agriculture
rather than being subdivided.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Debbie Heltzel, Louise Garrett, and Pete Pitcock came forward and expressed
their support of this application. Dave and Ann Prestipino spoke is opposition of the item. 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
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Conditional Use Permit #04-24 for Marlboro Springs LLC (Samuel Smith).
(Note: Commissioner Markert and Commissioner Molden were absent from the meeting)
Draft Update of the 2024-2025 Frederick County Primary Road Improvement Plan
Action – Recommend Approval
John A. Bishop, Assistant Director, reported the Primary Road Improvement Plan
establishes for improvements to the Primary Road network within Frederick County. The Primary Plan has
significant modifications to Route 37 and Route 50 with priorities reflective of recent studies on those
facilities. He explained, phases of Route 37 have been updated to reflect results of the Eastern Frederick
County Transportation Study (EFCTS) and the addition of Route 50 projects consistent with the County’s
current round of SmartScale applications and the Route 50 West Pipeline and STARS studies. Mr. Bishop
concluded, the Transportation Committee reviewed this item on June 24, 2024 and recommended approval.
Planning Commissioners inquired on item 6C and the movement down on the priority list.
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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 Aikens and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does recommend approval of the Draft
Update of the 2024-2025 Frederick County Primary Road Improvement Plan.
Yes: Triplett, Stowe, Sneddon, Brumback, Aikens, Brannon, Kerns, Kozel, McKay, Thomas
No: DeHaven
(Note: Commissioner Markert and Commissioner Molden were absent from the meeting)
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OTHER
Mr. Bishop shared an update on current Planning Department applications that are being
handled administratively and those that will be coming before the Planning Commission in the near future.
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ADJOURNMENT
No further business remained to be discussed, and a motion was made by Commissioner
Triplett to adjourn the meeting. This motion was seconded by Commissioner Kerns and unanimously
passed. The meeting was adjourned at 9:40 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: November 6, 2024
Agenda Section: Meeting Minutes
Title: September 18, 2024 Meeting Minutes
Attachments:
PC11-06-24MinutesSeptember18.pdf
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Minutes of September 18, 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 September 18, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Robert S. Molden, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall
District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Charles E. Triplett,
Gainesboro District; Charles Markert, Red Bud District; Austin Cano, Acting County Attorney.
ABSENT: Elizabeth D. Kozel, Shawnee District; Jason Aikens, Gainesboro District; Kevin Sneddon,
Opequon District; Mollie Brannon, Member at Large;
STAFF PRESENT: Wyatt G. Pearson, Director; Amy L. Feltner, Planner I; Shannon L. Conner,
Administrative Guaranty Coordinator.
CALL TO ORDER
Chairman Stowe called the September 18, 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 Thomas and seconded by Commissioner McKay,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
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COMMITTEES
Frederick Water – Mtg. 9/17/24
Commissioner Brumback reported, the area remains in a drought watch. The ground water
remains in a drought emergency. She noted, there are currently six projects being worked on.
City of Winchester
Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the
Commission canceled the September 17th meeting. They held a work session and recommended approval
of a site plan to City Council.
Board of Supervisors – Mtg. 9/11/24
Supervisor Liero, Board of Supervisors Liaison reported the Board approved the Primary
Road Improvement Plan.
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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
Conditional Use Permit #05-24 for Burn Boot Camp (Wisteria Garden of Winchester LLC)
Action – Recommend Approval
Amy L. Feltner, Planner I, reported the Applicant proposes a commercial fitness and sports
center with group sessions lasting 45 minutes each inside of an existing industrial building occupying
approximately 10,000 square feet. Workout sessions are limited to 75 attendees/employees and are staged
throughout the morning and evening hours. The operation hours were initially 4:45 a.m. to 7:00 p.m.
weekdays and 7:45 a.m. to 12:00 p.m. on Saturdays. The Applicant proposes five morning sessions, a noon
session, and two evening sessions on weekdays and only three sessions on Saturday. Additionally, an onsite
child watch (childcare area) is provided for patrons as well as a Afterburn Smoothie Bar (future) for services
to attendees after their workout session.
Mrs. Feltner explained commercial fitness and sports centers are permitted in the M1 (Light
Industrial) Zoning District with an approved Conditional Use Permit (CUP). In §165-204.29 of the Zoning
Ordinance it lists additional requirements for commercial recreation operations in the M1 District and limits
the operation to indoor activity only. The requirements further address parking, customer access, and the
safety of the patrons while entering and exiting the facility. The existing warehouse facility has an existing
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parking area that can accommodate 80 vehicles, 4 of which are handicap accessible parking spaces. She
continued; the Zoning Ordinance requires specific requirements for the commercial recreation in the M1
Zoning District. Previously a shared parking agreement was found unnecessary per the Zoning
Administrator, however, the Applicant voiced concerns that 50 attendees may not be sufficient for a 10-
year business plan and requested to increase the total permitted at any given time to 75 persons. She noted,
because the tenant and landlord had previously discussed a shared parking requirement, Staff added a shared
parking agreement as a required condition per §165-204.26(B), and the maximum attendees at any given
time was modified to 75 persons including staff. If appropriate Staff recommends the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A Change of Use permit through building inspections shall be applied for and
approved prior to conducting the use.
3. Childcare operations shall serve patrons only.
4. Hours of operation are Monday-Friday 4:45 a.m. to 7:00 p.m.; Saturdays 7:45 a.m.
to 12:00 p.m.
5. A maximum of 75 attendees/employees at any given time.
6. A shared parking agreement is required to be submitted to the Zoning
Administrator for review and approval prior to conducting the use
7. Any expansion or change of use shall require a new Conditional Use Permit.
The Planning Commission discussed concern with the shared tenant, the parking
limitations and a parking agreement, and the larger occupant request. Staff advised that these items would
be covered at the time of the Zoning Administrator’s review and approval of the shared parking agreement.
It was recommended that the childcare operation include the availability to the employees as well as patrons.
Due to the location of the subject property, additional discussion evolved around the hours of operation,
and it was recommended that the weekday hours be extended to 4:15 a.m. to 8:00 p.m. and the Saturday
hours extended to 5:30 a.m. to 12:00 p.m. The Applicant shared a brief overview of the proposal.
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 Conditional Use Permit #05-24 for Burn Boot Camp (Wisteria Garden of Winchester, LLC)
(Note: Commissioner Aikens, Commissioner Kozel, Commissioner Sneddon, and Commissioner Brannon
were absent from the meeting)
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OTHER
Wyatt G. Pearson, Director, reported there are several ordinance amendments Planning
Department Staff are currently working through. He explained the new process for handling ordinance
amendments: The amendments will now be starting at the Board of Supervisors as a discussion item to
direct to public hearing; once that is accomplished it will go to committee for discussion then to the Planning
Commission as a public hearing and then to the Board as a public hearing.
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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 Kerns and unanimously
passed. The meeting was adjourned at 7:25 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
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Planning Commission
Agenda Item Detail
Meeting Date: November 6, 2024
Agenda Section: Action Item
Title: Rezoning #07-24 for William and Barbara Houdershell - (Mrs. Peloquin)
Attachments:
PC11-06-24REZ07-24_Redacted.pdf
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REZONING #07-24
William & Barbara Houdershell
Staff Report for the Planning Commission
Prepared: October 22, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024
Planning Commission: November 6, 2024
Action: Tabled
Action: Pending
Board of Supervisors: December 11, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 91-A-28B
Address 8183 Valley Pike, Middletown, VA
Magisterial District Back Creek
Acreage +/- 5.00 acres
Zoning & Present Land Use Zoning: M1 (Light Industrial)
Land Use: Residential
Proposed Zoning RA (Rural Areas)
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Department of Historic Resources
(DHR) Easement
South: M1 (Light Industrial) Land Use: Industrial
East: M1 (Light Industrial) Land Use: Vacant (In Middletown)
West: M1 (Light Industrial) Land Use: Industrial
Proposed Use
The Applicant proposes rezoning the property from M1 (Light Industrial) to RA (Rural Areas)
in an effort to protect the historic property by restricting the allowed uses and ensure future
underwriting for loans on the property is not obstructed.
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Review Agency Comments:
Review Agency
Comment Date Comment Summary
Historic Resources Advisory
Board
August 16, 2024 Recommended approval
Planning & Zoning Staff Analysis:
Site History:
The property and the surrounding area were rezoned from A2 (Agricultural General) to M1
(Industrial Limited) in 1975. The M1 Zoning District later was renamed “Light Industrial.” The
property that was rezoned was later subdivided and this 5-acre lot was created.
The residence, Monte Vista (DHR ID #034-0014), is listed on the VA Landmarks Register and the
National Register of Historic Places. The house was built around 1883 and has been well
preserved. It is currently used as a residence.
Proffers:
There are no proffers associated with this property or proposed with this rezoning.
Zoning Ordinance Requirements:
Should this property be rezoned to RA (Rural Areas), adjacent M1 (Light Industrial) properties
would be allowed to continue all allowed industrial uses with no change to setback requirements.
However, there would be buffer requirements for M1 zoned land adjacent to an RA property used
as a residence in accordance with §165-203.02(D) which would only be required upon
redevelopment of the adjoining M1 property.
Comprehensive Plan Conformance:
The Comprehensive Plan provides guidance when considering any land use action. The property
is located outside of the Frederick County Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). This property was included in a blanket agreement for the sewer and
water service to be provided by Middletown that predates the Board policy regarding these matters.
The long-range land use of the property is designated to remain rural in nature. The property is not
located within a small area plan and has likely not been extensively studied. Historic preservation
is one of the preferred uses for the County’s rural areas (Comprehensive Plan, pg. 14). The
proposed rezoning is in general conformance with the Comprehensive Plan.
Planning Commission Summary & Action
The Planning Commission held a public hearing on September 4, 2024. The commissioners
discussed the impacts on adjoining properties should this rezoning be approved. Staff stated that
should the adjoining property to the south redevelop and submit a new site plan, they would have
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Page 3 of 3
to accommodate a Category C buffer in accordance with §165-203.02(D). Staff noted the
ordinance section that allows a common shared buffer and screening easement to be recorded with
the consent of both landowners. Staff stated they would look into potential impacts on the adjoining
property to the north within the Town of Middletown.
The commission discussed the Comprehensive Plan, which designates the area south of
Middletown as rural, despite existing industrial uses in the vicinity. The commission directed staff
to work with the applicant and the adjoining property owner to the south to facilitate an agreement
regarding the shared buffer. The application was tabled until the first meeting in November
(11/6/2024) to give both parties time to come to an agreement.
Staff Follow Up
Since the Planning Commission meeting, staff looked through the Middletown Zoning Ordinance
and did not determine any impacts from the zoning of the subject property on the property to the
north should that property be developed. Staff worked with the applicant and the owner of
adjoining property to the south to explore various options, including a common shared buffer and
screening easement or a waiver of the buffer requirements entirely. After in-person and phone
discussions of shared buffer options for the negotiations concluded with the applicant offering to
waive the buffer requirement entirely. The adjoining property owner to the south communicated
they would still object to the downzoning even if the buffer requirement was waived.
Listed below are the applicable ordinance sections on zoning district buffer requirements. Should
the rezoning be approved, these requirements would only apply if the industrial property submitted
a new site plan to expand or redevelop the current site.
• §165-203.02(D) Zoning District Buffers
• §165-203.02(B) Screening Requirements
• §165-203.02(A) Distance Buffers
Staff is seeking a recommendation from the Planning Commission to forward to the Board of
Supervisors on this rezoning application.
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£¤11
§¨¦81
Middletown
91 A 28B
8209VALLEYPIKE
8209VALLEYPIKE
8207VALLEYPIKE
8101VALLEYPIKE
8140VALLEYPIKE
8126VALLEYPIKE
8112VALLEYPIKE
VALLEYPIKEApplication
Parcels
M1 (Light Industrial District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 7, 2024
£¤11 §¨¦81§¨¦81 MAINSTSIXTH ST
VALLEY PIKESEVE
NTH ST
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C A TLETT LN
Middletown
0 200 400100 FeetVALLEYPIKEREZ # 07 - 24: William and Barbara HoudershellPIN: 91 - A - 28BRezoning from M1 to RAZoning Map
REZ #07-24
21
£¤11
§¨¦81
Middletown
91 A 28B
8209VALLEYPIKE
8209VALLEYPIKE
8207VALLEYPIKE
8101VALLEYPIKE
8140VALLEYPIKE
8126VALLEYPIKE
8112VALLEYPIKE
VALLEYPIKEApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 7, 2024
£¤11 §¨¦81§¨¦81 MAINSTSIXTH ST
VALLEY PIKESEVE
NTH ST
FIFTH STCHURCHST
C A TLETT LN
Middletown
0 200 400100 FeetVALLEYPIKEREZ # 07 - 24: William and Barbara HoudershellPIN: 91 - A - 28BRezoning from M1 to RALocation Map
REZ #07-24
22
£¤11
§¨¦81
Middletown
91 A 28B
8209VALLEYPIKE
8209VALLEYPIKE
8207VALLEYPIKE
8101VALLEYPIKE
8140VALLEYPIKE
8126VALLEYPIKE
8112VALLEYPIKE
VALLEYPIKEApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 7, 2024
£¤11 §¨¦81§¨¦81 MAINSTSIXTH ST
VALLEY PIKESEVE
NTH ST
FIFTH STCHURCHST
C A TLETT LN
Middletown
0 200 400100 FeetVALLEYPIKEREZ # 07 - 24: William and Barbara HoudershellPIN: 91 - A - 28BRezoning from M1 to RALong Range Land Use Map
REZ #07-24
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
August 16, 2024
Barbara Houdershell
8183 Valley Pike
Middletown, VA 22645
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Houdershell Rezoning Application
Property Identification Number (PIN): 91-A-28B
Magisterial District: Back Creek
Dear Mrs. Houdershell:
The Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application
during their August 16, 2024 meeting. The rezoning application is for a +/- 5.00 acre property
(Property Identification Number 91-A-28B) from the M1 (Light Industrial) Zoning District to the RA
(Rural Areas) Zoning District with no proffers. The property is located off of Route 11 and adjoins the
southern boundary of the Town of Middletown in the Back Creek Magisterial District.
Following their review of this application, the HRAB recommended approval of the application.
Thank you for the opportunity to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Kayla Peloquin, Planner
Planning & Development
cc: Lucas Cook, HRAB Chairman
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Planning Commission
Agenda Item Detail
Meeting Date: November 6, 2024
Agenda Section: Other
Title: Current Planning Applications
Attachments:
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