Frederick County supervisors postpone Route 7 rezoning, approve commercial rezoning and event permits; direct action on water and explore buying development R‑I

The Frederick County Board of Supervisors on April 20 postponed action on a contested Route 7 rezoning request, approved a commercial rezoning at Martinsburg Pike and cleared two conditional‑use permits while directing staff to study water access in a neighborhood reporting multiple dry wells. The board also voted to ask staff to draft an ordinance to allow the county to purchase development rights as a tool to preserve farmland.

In the meeting’s most contentious item, supervisors agreed to remove agenda item 13A — a rezoning request for 1124 Route 7 for a proposed self‑storage facility — from tonight’s agenda and to re‑advertise the item for public hearing on June 11. The motion to postpone carried 4‑3 after debate among supervisors and comments from multiple residents who said the proposed building’s size and visibility would harm nearby neighborhoods. Resident Steven Carter, who said he has spent more than 150 hours studying the application, told the board approval would “unfairly favor the applicant and prioritize the applicant’s rights over the residential property owners.”

Why it matters: The postponement gives residents and the applicant additional time to present and review materials and gives the board additional opportunity to inspect the site; it also delays a final decision that would change local zoning and, if approved later, allow a large self‑storage building to be built near residential neighborhoods.

Most important outcomes - The board approved a rezoning (O2/25) for the Stephenson Depot commercial project, rezoning two parcels totaling 5.78 acres to B‑2 with proffers that limit several uses, require enhanced building materials, fund a $50,000 transportation contribution and restrict standalone fuel/convenience operations. The planning staff said amended proffers limited self‑storage to the rear of the parcel and removed standalone gas‑and‑convenience as a permitted principal use. The board approved the rezoning by roll call vote.

- The board approved a conditional use permit for Vaucluse Holdings (CUP 01/25). That CUP authorizes up to 40 special events per year with a 160‑guest limit, two public restaurants on the property (limited to opening to the public a maximum of four days per week), up to 12 new cabins as part of a campground/resort, and outdoor amplified music to conclude by 10 p.m. The planning commission had recommended approval with conditions; the board adopted those conditions and approved the CUP.

- The board approved a more limited conditional use permit for a proposed off‑premise farm market (CUP 03/25) after the applicant removed earlier proposals for a slaughterhouse and event center. Supervisors added neighbor‑requested screening and a two‑year review of the CUP (the review fee was to be waived). The board also removed a per‑day customer cap that the staff condition had shown earlier.

- The board approved a pump‑and‑haul sewage permit for a single‑family home with a failed drainfield (Cynthia Myers) after the health department’s evaluation concluded the property met Frederick County Code criteria for a permanent pump‑and‑haul arrangement.

- The board appropriated $50,000 in supplemental funds for the Director of Elections to fund poll‑worker costs for the June 2025 primary election; the request was described as routine because primaries are not budgeted every year.

- The board granted an easement allowing construction of a sidewalk linking the Millwood Station Event Center parking lot to an adjacent building that Valley Health will use for a clinic; the easement will be constructed and paid for by the private property owner and requires a shared‑parking agreement with the event center.

- On a policy matter, the board voted to direct staff to draft an ordinance that would permit Frederick County to purchase development rights (PDR) from willing landowners. Staff said an ordinance would put the county in a position to compete in the TDR (transfer of development rights) market and to use grants or other revenue to extinguish development rights to preserve farmland. The board instructed staff to bring the proposed text to the county’s Development Review Committee and then to the planning commission and board for public hearings.

Discussion and community concerns Debate over Route 7 rezoning: Several residents and speakers urged the board to deny the Route 7 rezoning or to consider traffic, viewshed and compatibility with the county comprehensive plan. Supervisors said they had spent time reviewing materials and visiting the site; some supervisors cited water, road and building height/size as outstanding concerns. After discussion the board voted to postpone to permit additional testimony and review.

Vaucluse: Neighbors raised concerns about Vaucluse Road, a narrow rural road that several speakers said already carries heavier traffic from existing businesses and recent utility and solar projects. Vaucluse’s applicants said events would be smaller and that amplified outdoor music would be cut off by 10 p.m.; the CUP includes specific limits (40 events/year; 160 guests max) and a requirement for engineered site plans and agency reviews.

Farm market CUP: Planning staff and neighbors asked for clarifications because the application initially included additional elements (events, a slaughterhouse). The applicant removed the larger elements; the board approved the market only with screening and a two‑year review to allow residents and the county to evaluate impacts.

Water access: Supervisor Lockridge reported that multiple residents in the Brooktown Road community reported wells recently going dry. Staff said they would begin by collecting data (age and type of wells, complaints) and coordinate with Frederick Water to explore immediate and longer‑term solutions, including whether potable or nonpotable service extensions or temporary measures are available.

What’s next - Route 7 rezoning (1124 Route 7) is scheduled for re‑advertised public hearing on June 11, 2025. Residents and the applicant can present revised materials at that hearing.

- Staff will draft a PDR ordinance and take it through the county review process (DRC, planning commission, board). The board did not appropriate specific acquisition funds tonight; staff identified potential revenue sources (grants, roll‑back tax receipts, solar project license funds) to consider.

Votes at a glance (select items) - Agenda adopted with item 8A removed (motion credited to Vice Chair Slaughter; second Supervisor Wells); vote: unanimous on amendment to remove 8A. - Postpone action on item 13A (rezoning 1124 Route 7 Self Storage) to June 11, 2025 — outcome: approved, 4 in favor, 3 opposed (Ayes: Supervisor Jewell, Supervisor Dunn, Supervisor Wells, Supervisor Leggero; Noes: Vice Chair Slaughter, Supervisor Lockridge, Chair). - Supplemental appropriation: $50,000 for Director of Elections for June 2025 primary — approved by roll call. - Easement request (Millwood Station sidewalk to support Valley Health clinic) — approved, roll call unanimous. - Rezoning O2/25 (Stephenson Depot Commercial) — rezoned to B‑2 with proffers limiting certain uses and adding site controls and contributions — approved by roll call. - CUP 01/25 (Vaucluse Holdings special events, restaurants, cabins) — approved with conditions including 40 events/year, 160‑guest cap and outdoor music ending by 10 p.m. — approved by roll call. - CUP 03/25 (off‑premise farm market only, after removing event center and slaughterhouse) — approved with added screening and a two‑year review (fee waived); customer‑limit condition was removed — approved. - Pump‑and‑haul permit (Cynthia Myers, failed drainfield) — approved. - Resolution directing staff to draft an ordinance to allow county purchase of development rights (PDR) and send to Planning Commission/DRC — approved (Supervisor Wells voted no).

Who said what (selected attributions) - Steven Carter, Red Bud District resident: “Approval of this rezoning application will unfairly favor the applicant and prioritize the applicant’s rights over the residential property owners.” - Supervisor Lockridge: Asked staff to work with Frederick Water and the planning department to gather data and examine options for residents whose wells are going dry. - Mr. Klein (planning staff): Described proffers for Stephenson Depot, including a $50,000 contribution for transportation, limits on fuel sales and a plan to locate self‑storage at the rear of the property.

Background and context Several of the items represent follow‑up or repeat review of matters previously considered by the planning commission, which recommended approval on several items after public hearings. The board routinely relies on VDOT and county health department reviews for transportation and on‑site sewage matters; both agencies submitted comments that shaped conditions on CUPs and site access. The board also emphasized that PDRs and TDRs are voluntary, market‑based tools that require later funding choices to be effective.

Ending The board closed public comments and took additional votes on consent and appointments before adjourning. Several items will return to the board in coming weeks for further action or hearing, most notably the Route 7 rezoning on June 11 and the staff‑driven PDR ordinance once it completes committee and planning commission review.