PC 09-18-24 Meeting Minutes
Frederick County Planning Commission Page 4144
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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Frederick County Planning Commission Page 4145
Minutes of September 18, 2024
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
Frederick County Planning Commission Page 4146
Minutes of September 18, 2024
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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Frederick County Planning Commission Page 4147
Minutes of September 18, 2024
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,
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Tim Stowe, Chairman
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Wyatt G. Pearson, Secretary