November_12_2015_Board_Agenda_Packet
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
THURSDAY, NOVEMBER 12,2015
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
Call To Order
Invocation
Pledge of Allegiance
Adoption of Agenda:
Pursuant to established procedures, the Board should adopt the Agenda for
the meeting.
Consent Agenda:
(Tentative Agenda Items for Consent are Tabs: A,I, and R)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
Minutes: (See Attached)A
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1.Work Session with Economic Development Authority of October 28, 2015.
County Officials:
1.Resolution of Appreciation of Human Resources Director Paula Nofsinger.
(See Attached)B
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(See Attached)C
2.Committee Appointments. -------------------------------------------
(See Attached) D
3.Request from Commissioner of the Revenue for Refund. --
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
THURSDAY, NOVEMBER 12, 2015
PAGE 2
4. Snowden Bridge School/Park Site Request for Public Hearing on
(See Attached)E
Conveyance of Portion to School Board. ------------------------
5. Procedure to Fill Soon to be Vacant Stonewall District Seat.
(See Attached)F
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6. Memorandum Re: FY 2015-2016 Budget Resolution Re-Adoption.
(See Attached)G
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7. Memorandum Re: Proposed 2016 Legislative Initiatives.
(See Attached)H
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Committee Reports:
(See Attached)I
1. Transportation Committee. ------------------------------------------
Planning Commission Business:
Public Hearing:
1. Rezoning #09-15 Artillery Business CenterSubmitted by Pennoni
Associates, to Revise Proffers Associated with Rezoning #07-08. This
Revision Relates Specifically to the Transportation Proffers. The
Properties are Located East and Adjacent to Shady Elm Road
Approximately 4,500 Feet South of the Intersection of Shady Elm Road
and Apple Valley Drive. The Properties are Identified with Property
Identification Numbers 75-A-1 and 75-A-1F in the Back Creek Magisterial
(Continued Public Hearing from October 28, 2015 Board
District.
Meeting.)(See Attached)J
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2. Conditional Use Permit #03-15 for Gary Rogers Arghyris, for Cottage
Occupation (Sale of Sheds). The Property is Located at 1518 Fairfax Pike,
White Post, Virginia and is Identified with Property Identification Number
(See Attached)K
87-A-12D in the Opequon Magisterial District. -----------------
3. Rezoning #07-15 Woodside Land Company, LLC., Submitted by GreyWolfe,
Inc., to Rezone 20 Acres of Property from RA (Rural Areas) District to M2
(Industrial General) District with Proffers. The Property is Located on the
and Adjacent to the Winchester & Western Railroad and is Identified by
Property Identification Number 34-A-6D in the Stonewall Magisterial District.
(See Attached)L
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AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
THURSDAY, NOVEMBER 12, 2015
PAGE 3
4. Rezoning #08-15 McCann Office Park, Submitted by GreyWolfe, Inc., to
Rezone 154.923 Acres as follows: 43.76 Acres from RA (Rural Areas)
District to RA (Rural Areas) District with Proffers, 6.180 Acres from RA
(Rural Areas) District to B2 (General Business) District, 11.729 Acres from
RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 Acres
from RA (Rural Areas) District to OM (Office-Manufacturing Park) District
with Proffers. The Property is Located on the Southeastern Side of
Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761) and
is Identified by Property Identification Numbers 44-A-25A, 44-A-25B and
(See Attached)M
44-A-40 in the Stonewall Magisterial District. ------------------
5. Ordinance Amendment to the Frederick County Code Chapter 165
Zoning, Article IV Agricultural and Residential District; Part 401 RA
Rural Areas District §165-401.03 Conditional Uses. Article II
Supplementary Use Regulations, Parking Buffers, and Regulations for
Specific Uses; Part 204 - Additional Regulations for Specific Uses,
§165-204.18 Storage Facilities, Self-Service. Revision to the Frederick
County Zoning Ordinance to Include the Self-Storage Facilities as a
(See Attached)N
Conditional Use in the RA (Rural Areas) Zoning District. ---
6. Ordinance Amendment to the Frederick County Code Chapter 165
Zoning, Article X Board of Zoning Appeals; Part 1001 - Board of Zoning
Appeals §165-1001.02 Powers and Duties. Article I General Provisions,
Amendments, and Conditional Use Permits; Part 101 General
Provisions §165-101.02 Definitions and Word Usage. Revision to the
Frederick County Zoning Ordinance to Revise and Update the Variance
(See Attached)O
Requirements per the Code of Virginia. -------------------------
7. Ordinance Amendment to the Frederick County Code Chapter 165
Zoning, Article IV Agricultural and Residential District; Part 401 RA Rural
Areas District, §165-401.07 Setback Requirements. Revision to the
Frederick County Zoning Ordinance to Revise the Setback from Parcels
within Agricultural and Forestal Districts in the RA (Rural Areas) District.
(See Attached)P
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Other Planning Items:
1. Consideration for Inclusion of Parcels of Less Than 5 Acres Into the 2015-
(See Attached)Q
2020 Agricultural and Forestal Districts. -------------------------
(See Attached)R
2. Road Resolution - Santa Maria Estates Knock Lane. -----
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
THURSDAY, NOVEMBER 12, 2015
PAGE 4
Board Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
Adjourn
RESOLUTION OF APPRECIATION
PAULA A. NOFSINGER,
HUMAN RESOURCES DIRECTOR
FREDERICK COUNTY
WHEREAS, Paula A. Nofsinger served the employees of Frederick County, Vir
for over nine years as Director of Human Resources; and
WHEREAS, during her tenure Mrs. Nofsinger oversaw and implemented the
following initiatives: electronic time keeping, paid time off p
and compensation survey; and
WHEREAS, in addition to the above accomplishments, Mrs. Nofsinger worked
through the employee wellness committee to implement an employee wellnessprogram
which was approved by the American Heart Association as Fit Frie
medal recognition; and
WHEREAS, in December 2013 Mrs. Nofsinger achieved certification as a Senior
Professional in Human Resources (SPHR).
NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of
Supervisors extends its sincerest thanks to Paula A. Nofsinger and wishes her all of the best
in her future endeavors.
BE IT FURTHER RESOLVED, that this resolution be spread across the minutes
of the Frederick County Board of Supervisors for all citizens to
accomplishments of this public servant.
ADOPTED this 12 day of November, 2015.
th
__________________________ _____________________________
Richard C. Shickle Gene E. Fisher
ChairmanShawnee District Supervisor
_______________________________________________________
Robert A. Hess Blaine P. Dunn
Gainesboro District SupervisorRed Bud District Supervisor
______________________________________________________
Robert W. Wells Charles S. DeHaven, Jr.
Opequon District Supervisor Stonewall District Supervisor
__________________________ __________________________
Gary A. Lofton Brenda G. Garton
Back Creek District Supervisor Clerk
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Board of Supervisors
FROM:
John A. Bishop, AICP, Deputy Director - Transportation
RE:
Transportation Committee Report for Meeting of October 26, 2015
DATE:
November 3, 2015
The Transportation Committee met on October 26, 2015 at 8:30 a.m.
Members PresentMembers Absent
Chuck DeHaven (voting)Mark Davis (liaison Middletown)
Gene Fisher (voting)Lewis Boyer (liaison Stephens City)
James Racey (voting)
Barry Schnoor (voting)
Jason Ransom (Voting)
Gary Oates (liaisonPC)
***Items Requiring Action***
NONE
***Items Not Requiring Action***
1.Rail Access Funds Application for Trex
Staff outlined that Trex is seeking a $300,000 grant from the Virginia Department
of Rail and Public Transportation to construct a rail spur on their property south
of Shawnee Drive. Staff noted that, unlike the highway access program through
107 North Kent Street, Suite 202Winchester, Virginia 22601-5000
VDOT, this is not a County application but did require a County resolution of
support.
Motion by Mr. Racey and seconded by Mr. Ransom to recommend the Board
adopt the resolution of support. Passed unanimously.
This item was approved by the Board at their October 28, 2015 meeting.
2.Revenue Sharing Application
Staff presented the following to the committee.
Each year,the County applies for funding through the State Revenue Sharing
program. Currently, the maximum application amount is $10 million. This isa
dollar for dollar matching program, so an application for $10 million in funding
would be in support of $20 million in projects. Staff is seeking a resolution of
support for a total application amount of $10 million to support the following
projects:
1.$500,000.00 in balance to complete funds for Route 11 North between Exit
317 and Route 37. Proffer funds to provide the match.
2.$550,000.00 in balance to complete and right-of-way funds for Renaissance
Drive. Expected match from Artillery Development.
3.$8,950,000.00 in minor design and construction funding for Jubal Early
Extension and interchange with Route 37. Expected match from Willow Run
Development.
Motion by Mr.Racey and seconded by Mr. Fisher to recommend the Board
approve the above applications.
This item was approved by the Board at their October 28, 2015 meeting.
3.Eastern Road Plan update
Staff provided a current copy of the transportation section of the Comprehensive
Plan to begin discussion of its update as part of the overall update. Items that
were noted to focus on are as follows:
A.Discuss and evaluate the use of complete streets language.
B.Trafficcalming strategies in neighborhoods.
C.Careful review of map projects to make sure they match recent actions and
that they still make sense.
D.Notation of key connections and projects.
E.Staff noted there are items that will likely benefit from greater detail given the
requirements of House Bill 2 project applications.
4.House Bill 2 update and next steps
Staff updated the committee on the status of the House Bill 2 applications and
noted that the County now needs to begin preparing for the next round of
applications. Items noted that will help in that process are as follows.
A.Coordination with EDC on their strategic plan to make sure key projects are
highlighted due to economic development being a key scoring component for
our area.
B.Additional detail in the comprehensive plan to support projects.
C.Ongoing and aggressive review of other plans that can provide support for key
projects in the documentation of the application.
5.Other
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Please see attached communication dated October 13, 2015 and
September 25, 2015, from Lloyd A. Ingram, VDOT Land Development Engineer.
Please see attached communication dated October 21, 2015 and
September 28, 2015, from Roderick B. Williams, County Attorney.
[Comprehensive Policy Plan, p. 1-1]
Land Use
Transportation
(Comprehensive Plan 7-6).
Following the required public hearing, a decision regarding this rezoning application to the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
444
FROGALE CT
REZ # 09 - 15
SHADY
130
SOLDIERS
ELM RD
FROGALE CT
REST LN
480
Artillery Business Center
SHADY
ELM RD
PINs:
0
1
121
37
INDUSTRIAL DR
75 - A - 1, 75 - A - 1F
206
Revise Proffers FROGALE CT
121
161
DEVELOPMENT LN
INDUSTRIAL DR
110
INDUSTRIAL DR
690
SHADY
ELM RD
160
REZ 09-15
INDUSTRIAL DR
HEDGEBROOK
HILLS
Subdivision
75 A 1F
100
DEVELOPMENT LN
690
SHADY
ELM RD
REZ 09-15
75 A 1
ST
651
3862
KERNSTOWN
VALLEY
PIKE
BUSINESS PARK
Subdivision
180
210PROSPERITY DR
PROSPERITY DR
170
PROSPERITY DR
220
PROSPERITY DR
150
831
PROSPERITY DR
SHADY
240
ELM RD
161
PROSPERITY DR
201
PROSPERITY DR
PROSPERITY DR
125
PROSPERITY DR
0
1
4046
37
VALLEY
PIKE
251
Applications
PROSPERITY DR
4006
Parcels
VALLEY
Building Footprints
PIKE
B1 (Business, Neighborhood District)
4046
B2 (Business, General Distrist)
VALLEY
B3 (Business, Industrial Transition District)
PIKE
EM (Extractive Manufacturing District)
4118
0
1
HE (Higher Education District)
VALLEY PIKE 11
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
Frederick County Dept of
REZ # 09 - 15
MH1 (Mobile Home Community District)
Planning & Development
I
MS (Medical Support District)
Artillery Business Center
107 N Kent St
Suite 202
OM (Office - Manufacturing Park)
PINs:
Winchester, VA 22601
R4 (Residential Planned Community District)
75 - A - 1, 75 - A - 1F
540 - 665 - 5651
R5 (Residential Recreational Community District)
Revise Proffers
Map Created: September 29, 2015
RA (Rural Area District)
Staff: jbishop
RP (Residential Performance District)
02755501,100Feet
444
FROGALE CT
REZ # 09 - 15
SHADY
130
SOLDIERS
ELM RD
FROGALE CT
REST LN
480
Artillery Business Center
SHADY
ELM RD
PINs:
0
1
121
37
INDUSTRIAL DR
75 - A - 1, 75 - A - 1F
206
Revise Proffers FROGALE CT
121
161
DEVELOPMENT LN
INDUSTRIAL DR
110
INDUSTRIAL DR
690
SHADY
ELM RD
160
REZ 09-15
INDUSTRIAL DR
HEDGEBROOK
HILLS
Subdivision
75 A 1F
100
DEVELOPMENT LN
690
SHADY
ELM RD
REZ 09-15
75 A 1
ST
651
3862
KERNSTOWN
VALLEY
PIKE
BUSINESS PARK
Subdivision
180
210PROSPERITY DR
PROSPERITY DR
170
PROSPERITY DR
220
PROSPERITY DR
150
831
PROSPERITY DR
SHADY
240
ELM RD
161
PROSPERITY DR
201
PROSPERITY DR
PROSPERITY DR
125
PROSPERITY DR
0
1
4046
37
VALLEY
PIKE
251
PROSPERITY DR
4006
VALLEY
PIKE
4046
VALLEY
PIKE
4118
0
1
VALLEY PIKE 11
Note:
Frederick County Dept of
REZ # 09 - 15
Planning & Development
I
Artillery Business Center
107 N Kent St
Suite 202
PINs:
Winchester, VA 22601
75 - A - 1, 75 - A - 1F
540 - 665 - 5651
Applications
Revise Proffers
Map Created: September 29, 2015
Parcels
Staff: jbishop
Building Footprints
02755501,100Feet
CONDITIONAL USE PERMIT #03-15
GARY ROGERS ARGHYRIS
Staff Report for the Board of Supervisors
Prepared: October 30, 2015
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
10/21/15 Recommend Approval
Board of Supervisors:
11/12/15 Pending
EXECUTIVE SUMMARY:
Should the Board of Supervisors feels this cottage occupation (assembly and sale of sheds) to be
appropriate, the Planning Commission recommends that the following conditions be attached to
the CUP.
1.All review agency comments and requirements shall be complied with at all times.
2.No more than seven (7) sheds for display or sale shall be allowed on the property. Such
sheds shall be kept in the rear of the property.
3.An illustrative sketch plan shall be submitted to and approved by Frederick County, and
all plan improvements shall be implemented prior to operating the business.
4.One business sign shall be allowed and shall conform to Cottage Occupation sign
requirements andshall not exceed four (4) square feet in size and five (5) feet in height.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 2
CUP #03-15, Gary Rogers Arghyris
October 30, 2015
LOCATION
: This property is located at 1518 Fairfax Pike, White Post, Virginia.
MAGISTERIAL DISTRICT:
Opequon
PROPERTY ID NUMBER:
87-A-12D
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: M-1 (Light Industrial) Use: Manufacturing
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE:
Cottage Occupation for the assembly and sale of sheds.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 277, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Frederick County Inspections:
Conditional Use request to use partial area of existing Garage
into F-Factory for assembling of wood items for resale/display. The area utilized shall comply
with The Virginia Uniform Statewide Building Code. Please submit a permit application for the
change of use area. Please include a floor plan of the garage and a future floor plan of the
proposed layout. Accessible parking shall be provided per ANSI A117.1-09. Accessible route
from parking area/unloading to entrance shall be provided. Final inspection/approval with
certificate of occupancy shall be issued prior to new use of the facility.
Winchester-Frederick County Health Department:
The Health Department has no objection
as long as there is no increase in water usage to the alternative discharge septic system.
Page 3
CUP #03-15, Gary Rogers Arghyris
October 30, 2015
Frederick County Sanitation Authority:
No comments at this time.
Winchester Regional Airport:
No comments.
City of Winchester:
No comments
Planning and Zoning:
This proposed Cottage Occupation will take place on an 11.29 +/- acre
parcel; surrounded by properties that are zoned RA and M-1. The definition for a cottage
occupation is an occupation or profession customarily carried on in a dwelling unit or an
accessory building, which:
A.Actually is carried on wholly within the principal residential building or an accessory
building or structure;
B.Is carried on by no more than one person other than members of the family residing
on the premises; and
C.Is clearly incidental and secondary to the use of the dwelling unit for residential
purposes.
The assembly of the sheds will take place in an existing garage approximately 1500 square feet
in size. Staff would note that there will be no new structures constructed as a part of this CUP.
The rear of the property will contain an outdoor display of finished sheds, and no more than
seven (7) sheds for display or sale on the property at any given time. Most of the customer base
for this proposed use will be internet based. However, there will be no more than five (5)
customers allowed on site at any one time to view or pick-up finished sheds. An illustrious
sketch plan of the property will be required with this CUP. This plan will show the area of the
property being utilized in conjunction with this CUP.
This property is not located within Urban Development Area (UDA) or Sewer and Water Service
Area (SWSA) as noted in the 2030 Comprehensive Policy Plan of Frederick County. However,
this property is located within the Southern Frederick County Long Range Land Use Plan. This
area of the County has been identified for future industrial uses.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
If the Planning Commission feels this cottage occupation for the assembly and sale of sheds to be
appropriate, staff recommends the following conditions be attached to the CUP.
1.All review agency comments and requirements shall be complied with at all times.
2.No more than five (5) customers at any one time on site.
Page 4
CUP #03-15, Gary Rogers Arghyris
October 30, 2015
3.No more than seven (7) sheds for display or sale shall be allowed on the property.
Such sheds shall be kept in the rear of the property.
4.An illustrative sketch plan shall be submitted to and approved by Frederick County,
and all plan improvements shall be implemented prior to operating the business.
5.One business sign shall be allowed and shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet in
height.
6.Any expansion or change of use shall require a new Conditional Use Permit.
PLANNING COMMISION SUMMARY & ACTION OF THE OF THE 10/21/15
MEETING:
Staff reported this property is currently zoned RA (Rural Areas) and the current land use is
residential. The property is surrounded by RA (Rural Areas) properties used for residential and
an M1 (Light Industrial) property to the rear of the property line. Staff presented and overview
of the property and the location of structures.
Staff explained that the applicant is attempting to assemble and sell sheds on the property. Staff
noted most of the sales of the sheds are internet based, however, the applicant would like the
opportunity to have customers visit the site. Staff reported the assembly of the sheds will take
place in an existing garage approximately 1,500 square feet in size towards the rear of the
property. Staff reviewed the conditions of the CUP.
A Commission Member does not see the need for condition #2 (No more than five (5) customers
at any one time on site) due to the inability to enforce it.
A citizen came forward to speak during the public hearing. She had a few concerns which are as
follows: speed limit on the stretch of road where business is located, would like to have reduced
to 45 mph; existing sheds on the property at the present time not being anchored to the ground.
if growth continues they may have to consider a commercial entrance.
A Commission Member inquired if appropriate to ask VDOT about reducing the speed limit. It
was noted the procedure would be to turn the task over to the Transportation Committee for their
assistance. It was also noted that a business sign may help in drawing attention to the entrance
thus helping drivers reduce speed.
Page 5
CUP #03-15, Gary Rogers Arghyris
October 30, 2015
A motion was made, seconded, and passed unanimously to recommend approval of CUP #03-15
with the deletion of condition #2 (No more than five (5) customers at any one time on site).
Absent: Crockett
CONCLUSION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING:
Should the Board of Supervisors feels this cottage occupation (assembly and sale of sheds) to be
appropriate, the Planning Commission recommends that the following conditions be attached to
the CUP.
6.All review agency comments and requirements shall be complied with at all times.
7.No more than seven (7) sheds for display or sale shall be allowed on the property. Such
sheds shall be kept in the rear of the property.
8.An illustrative sketch plan shall be submitted to and approved by Frederick County, and
all plan improvements shall be implemented prior to operating the business.
9.One business sign shall be allowed and shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet in height.
10.Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
1389173
FAIRFAXJOURNEYMAN LN
CUP # 03 - 15
PIKE1415
FAIRFAX
PIKE1445
Gary Arghyris
1457
FAIRFAX
FAIRFAX
PIKE
1465
1475
PIKE
FAIRFAX
PIN:
FAIRFAX
PIKE
1487
PIKE
87 - A - 12D
FAIRFAX
PIKE
Sale of Sheds
160
1436
JOURNEYMAN LN
FAIRFAX
01
PIKE
277
1400
FAIRFAX
PIKE
1553
FAIRFAX
PIKE
1555
FAIRFAX
PIKE
CUP 03-15
87 A 12D
1532
1450
FAIRFAX
FAIRFAX
PIKE
PIKE
127
APPRENTICE LN
127
APPRENTICE LN
107
APPRENTICE LN
107
APPRENTICE LN
214
APPRENTICE LN
1500
FAIRFAX
PIKE
201
RIDINGS LN
109
1588
280
APPRENTICE LN
FAIRFAX
RIDINGS LN
PIKE
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
01
277
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
Note:
CUP # 03 - 15
M2 (Industrial, General District)
Frederick County Dept of
MH1 (Mobile Home Community District)
Gary Arghyris
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
87 - A - 12D
Winchester, VA 22601
R4 (Residential Planned Community District)
Sale of Sheds
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: September 28, 2015
RA (Rural Area District)
Staff: mcheran
RP (Residential Performance District)
0125250500Feet
1389173
FAIRFAXJOURNEYMAN LN
CUP # 03 - 15
PIKE1415
FAIRFAX
PIKE1445
Gary Arghyris
1457
FAIRFAX
FAIRFAX
PIKE
1465
1475
PIKE
FAIRFAX
PIN:
FAIRFAX
PIKE
1487
PIKE
87 - A - 12D
FAIRFAX
PIKE
Sale of Sheds
160
1436
JOURNEYMAN LN
FAIRFAX
01
PIKE
277
1400
FAIRFAX
PIKE
1553
FAIRFAX
PIKE
1555
FAIRFAX
PIKE
CUP 03-15
87 A 12D
1532
1450
FAIRFAX
FAIRFAX
PIKE
PIKE
127
APPRENTICE LN
127
APPRENTICE LN
107
APPRENTICE LN
107
APPRENTICE LN
214
APPRENTICE LN
1500
FAIRFAX
PIKE
201
RIDINGS LN
109
1588
280
APPRENTICE LN
FAIRFAX
RIDINGS LN
PIKE
01
277
Note:
CUP # 03 - 15
Frederick County Dept of
Gary Arghyris
Planning & Development
I
107 N Kent St
PIN:
Suite 202
87 - A - 12D
Winchester, VA 22601
Sale of Sheds
540 - 665 - 5651
Applications
Map Created: September 28, 2015
Parcels
Staff: mcheran
Building Footprints
0125250500Feet
RESOLUTION
______________________________
Action:
PLANNING COMMISSION: October 21, 2015 - Recommended Approval
BOARD OF SUPERVISORS: November 12, 2015 APPROVED DENIED
RESOLUTION
CONDITIONAL USE PERMIT #03-15
GARY ROGERS ARGHYRIS
WHEREAS, Conditional Use Permit #03-15 Of Gary Rogers Arghyris,
submitted by
Gary Rogers Arghyris, for a cottage occupation for the assembly and sale of sheds was
considered. The property is located at 1518 Fairfax Pike. The property is further identified
with Property Identification Number 87-A-12D in the Opequon Magisterial District. The
conditional use is a permitted use in the RA (Rural Areas) Zoning District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
conditional use permit on October 21, 2015, recommended approval of the Conditional
Use Permit with conditions: and,
WHEREAS,
the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on November 12, 2015; and,
WHEREAS,
the Frederick County Board of Supervisors finds the approval of this
conditional use permit to be in the best interest of the public health, safety, welfare, and
in conformance with the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise
the zoning map to reflect that Conditional Use Permit Application #03-15 Gary Rogers
Arghyris for a cottage occupation for the assembly and sale of sheds is permitted on the
parcel identified by Property Identification Number (PIN) 87-A-12D with the following
conditions:
1.All review agency comments and requirements shall be complied with at all times.
PDRes #45-15 1
2.No more than seven (7) sheds for display or sale shall be allowed on property. Such
sheds shall be kept in the rear of the property.
3.An illustrative sketch plan shall be submitted to and approved by Frederick County,
and all plan improvements shall be implemented prior to operating the business.
4.One business sign shall be allowed and shall conform to the Cottage Occupation sign
requirements and shall no exceed four (4) square feet in size and five (5) feet in
height.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Passed this 12th day of November, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
____________________________
Brenda G. Garton
Frederick County Administrator
PDRes #45-15 2
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Please see attached letter dated July 31, 2015.
Please see attached letter from Uwe E. Weindel, PE, dated
June 29, 2015.
:
Please see attached letter from Roderick B. Williams, County Attorney,
dated July 14, 2015.
Land Use.
Site Access and Transportation.
Environment.
Historical.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
REZ # 07 - 15
Woodside Land Company
PIN:
3191
34 - A - 6D
WOODSIDE RD
281
Rezoning from RA to M2
WOODBINE RD
331
281
WOODBINE RD
WOODBINE RD
184
WOODBINE RD
281
WOODBINE RD
200
WOODBINE RD
208
WOODBINE RD
ST
669
REZ 07-15
34 A 6D
276
WOODBINE RD
280
2973
WOODBINE RD
WOODSIDE RD
0
1
11
Note:
REZ # 07 - 15
Frederick County Dept of
Planning & Development
Woodside Land Company
I
107 N Kent St
PIN:
Suite 202
34 - A - 6D
Winchester, VA 22601
Rezoning from RA to M2
540 - 665 - 5651
Applications
Map Created: September 29, 2015
Parcels
Staff: mruddy
Building Footprints
0200400800Feet
REZ # 07 - 15
Woodside Land Company
PIN:
3191
34 - A - 6D
WOODSIDE RD
281
Rezoning from RA to M2
WOODBINE RD
331
281
WOODBINE RD
WOODBINE RD
184
WOODBINE RD
281
WOODBINE RD
200
WOODBINE RD
208
WOODBINE RD
ST
669
REZ 07-15
34 A 6D
276
WOODBINE RD
Applications
Parcels
Building Footprints
280
2973
WOODBINE RD
B1 (Business, Neighborhood District)
WOODSIDE RD
B2 (Business, General Distrist)
0
1
B3 (Business, Industrial Transition District)
11
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 07 - 15
Frederick County Dept of
MH1 (Mobile Home Community District)
Planning & Development
Woodside Land Company
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
34 - A - 6D
Winchester, VA 22601
R4 (Residential Planned Community District)
Rezoning from RA to M2
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: September 29, 2015
RA (Rural Area District)
Staff: mruddy
RP (Residential Performance District)
0200400800Feet
REZONING APPLICATION #08-15
McCANN OFFICE PARK
Staff Report for the Board of Supervisors
Prepared: October 6, 2015 (Updated October 28, 2015)
Reviewed Action
Planning Commission:
Board of Supervisors:
PROPOSAL:
LOCATION:
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
11/12/15 BOARD OF SUPERVISORS MEETING:
Ultimately, the Planning
Commission did not identify any outstanding concerns with the request and recommended
approval of this request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission:
Board of Supervisors:
PROPOSAL:
LOCATION:
MAGISTERIAL DISTRICT
PROPERTY ID NUMBERS
PROPERTY ZONING:
PRESENT USE:
ADJOINING PROPERTY ZONING & PRESENT USE:
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
Please see attached letter dated September 11, 2015.
Public Works Department:
Frederick County Sanitation Authority:
Please see attached letter from Uwe E. Weindel, PE, dated
March 20, 2015.
Frederick-Winchester Service Authority:
Frederick County Public Schools:
Frederick County Department of Parks & Recreation:
Frederick County Attorney:
Please see attached letter from Roderick Williams, County Attorney,
dated May 11, 2015.
Planning & Zoning:
1)Site History
2)Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Land Use.
Site Access and Transportation.
Environment.
History.
3) Site Suitability/Environment
4) Potential Impacts
5) Proffer Statement
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
PLANNING COMMISSION SUMMARY OF 10/21/15 MEETING:
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
11/12/15 BOARD OF SUPERVISORS MEETING:
Ultimately, the Planning
Commission did not identify any outstanding concerns with the request and recommended
approval of this request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
§81¦¨HOME PARK MARTINSBURGMARTINSBURG2592
STEPHENSON RD
2648
MARTINSBURG
PIKE
300
PIKE
REZ # 08 - 15
Subdivision
MARTINSBURG
PIKE
2562
EBERT RD
PIKE
MARTINSBURG
2489
115
PIKE
MARTINSBURG
McCann Office Park
JIREH LN
2596
PIKE
2546
MARTINSBURG
MARTINSBURG
2459
PIKE
210
PIKE
PINs:
MARTINSBURG
EBERT RD
PIKE
2455
140
2832492
44 - A - 25A, 44 - A - 25B, 44 - A - 40
2518
2379
MARTINSBURG
JIREH
EBERT RDMARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
LANE
PIKE
2482
Rezoning from RA to RA with Proffers,
PIKE
PIKE
MARTINSBURG
203
CARROLL
PIKE
B2, M1, and OM with Proffers
293
OLD CHARLES
INDUSTRIAL PARK
OLD CHARLES
TOWN
Subdivision
2359
337
TOWN
MARTINSBURG
OLD CHARLES
PIKE
TOWN
CHARLES TOWN
114315
EBERT RDOLD CHARLES
CHARLES TOWN
TOWN
116
EBERT RD
2279
386
MARTINSBURG
MILBURN RD
207
PIKE
2259
EBERT RD
MARTINSBURG
2269
195
REZ 08-15
PIKE
MARTINSBURG
EBERT RD
PIKE
2251
MARTINSBURG
PIKE
2239
44 A 40
MARTINSBURG
2075
PIKE
0
1
MARTINSBURG
PIKE
11
2157
386
MARTINSBURG
MILBURN RD
2077
PIKE
MILBURN
MARTINSBURG
2123
102
PIKE
MARTINSBURG
SUBDIVISION
2135
MCCANNS RD
PIKE
2073
2109 Subdivision
MARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
2142
PIKE
PIKE
2126MARTINSBURG
44 A 25A
PIKE
2099MARTINSBURG
2142
PIKE2118 REZ 08-15
MARTINSBURG
MARTINSBURG
PIKEMARTINSBURG
2061
PIKE
PIKE2110
MARTINSBURG
430
MARTINSBURG
PIKE
MARKET ST
2088
PIKE
RUTHERFORDS
MARTINSBURG
2045
562
PIKE
MARTINSBURG142
MILBURN RD
2060
PIKE
MCCANNS RD
44 A 25B
Subdivision
MARTINSBURG
430
PIKE
2024
386
MARKET ST
MARTINSBURG
REZ 08-15
MILBURN RD
MARTINSBURGPIKE
2002
2040
MARTINSBURG2014
MARTINSBURG
PIKE
MARTINSBURG
MARTINSBURG
PIKE
PIKE
1984
2010
MARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
PIKE
1962
562
MARTINSBURG
MILBURN RD
PIKE
1974
MARTINSBURG
1952
PIKE
MARTINSBURG
PIKE
1912
MARTINSBURG
163
PIKE
NULTON LN
185
NULTON LN
§¦¨
81
201
Applications
NULTON LN
Parcels
361
Building Footprints
SNOWDEN
MILBURN RD Stephenson
BRIDGE
Future Rt 37 Bypass
Subdivision
220
B1 (Business, Neighborhood District)
EZRA LN
B2 (Business, General Distrist)
0
1
11
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
361
361
HE (Higher Education District)
MILBURN RD
MILBURN RD
M1 (Industrial, Light District)
Note:
M2 (Industrial, General District)
REZ # 08 - 15
Frederick County Dept of
MH1 (Mobile Home Community District)
McCann Office Park
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PINs:
Suite 202
OM (Office - Manufacturing Park)
44 - A - 25A, 44 - A - 25B, 44 - A - 40
Winchester, VA 22601
R4 (Residential Planned Community District)
Rezoning from RA to RA with Proffers,
540 - 665 - 5651
R5 (Residential Recreational Community District)
B2, M1, and OM with Proffers
Map Created: September 29, 2015
RA (Rural Area District)
Staff: mruddy
RP (Residential Performance District)
04759501,900Feet
§81¦¨HOME PARK MARTINSBURGMARTINSBURG2592
STEPHENSON RD
2648
MARTINSBURG
PIKE
300
PIKE
REZ # 08 - 15
Subdivision
MARTINSBURG
PIKE
2562
EBERT RD
PIKE
MARTINSBURG
2489
115
PIKE
MARTINSBURG
McCann Office Park
JIREH LN
2596
PIKE
2546
MARTINSBURG
MARTINSBURG
2459
PIKE
210
PIKE
PINs:
MARTINSBURG
EBERT RD
PIKE
2455
140
2832492
44 - A - 25A, 44 - A - 25B, 44 - A - 40
2518
2379
MARTINSBURG
JIREH
EBERT RDMARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
LANE
PIKE
2482
Rezoning from RA to RA with Proffers,
PIKE
PIKE
MARTINSBURG
203
CARROLL
PIKE
B2, M1, and OM with Proffers
293
OLD CHARLES
INDUSTRIAL PARK
OLD CHARLES
TOWN
Subdivision
2359
337
TOWN
MARTINSBURG
OLD CHARLES
PIKE
TOWN
CHARLES TOWN
114315
EBERT RDOLD CHARLES
CHARLES TOWN
TOWN
116
EBERT RD
2279
386
MARTINSBURG
MILBURN RD
207
PIKE
2259
EBERT RD
MARTINSBURG
2269
195
REZ 08-15
PIKE
MARTINSBURG
EBERT RD
PIKE
2251
MARTINSBURG
PIKE
2239
44 A 40
MARTINSBURG
2075
PIKE
0
1
MARTINSBURG
PIKE
11
2157
386
MARTINSBURG
MILBURN RD
2077
PIKE
MILBURN
MARTINSBURG
2123
102
PIKE
MARTINSBURG
SUBDIVISION
2135
MCCANNS RD
PIKE
2073
2109 Subdivision
MARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
2142
PIKE
PIKE
2126MARTINSBURG
44 A 25A
PIKE
2099MARTINSBURG
2142
PIKE2118 REZ 08-15
MARTINSBURG
MARTINSBURG
PIKEMARTINSBURG
2061
PIKE
PIKE2110
MARTINSBURG
430
MARTINSBURG
PIKE
MARKET ST
2088
PIKE
RUTHERFORDS
MARTINSBURG
2045
562
PIKE
MARTINSBURG142
MILBURN RD
2060
PIKE
MCCANNS RD
44 A 25B
Subdivision
MARTINSBURG
430
PIKE
2024
386
MARKET ST
MARTINSBURG
REZ 08-15
MILBURN RD
MARTINSBURGPIKE
2002
2040
MARTINSBURG2014
MARTINSBURG
PIKE
MARTINSBURG
MARTINSBURG
PIKE
PIKE
1984
2010
MARTINSBURG
MARTINSBURG
MARTINSBURG
PIKE
PIKE
1962
562
MARTINSBURG
MILBURN RD
PIKE
1974
MARTINSBURG
1952
PIKE
MARTINSBURG
PIKE
1912
MARTINSBURG
163
PIKE
NULTON LN
185
NULTON LN
§¦¨
81
201
NULTON LN
361
SNOWDEN
MILBURN RD Stephenson
BRIDGE
Subdivision
220
EZRA LN
0
1
11
361
361
MILBURN RD
MILBURN RD
Note:
REZ # 08 - 15
Frederick County Dept of
McCann Office Park
Planning & Development
I
107 N Kent St
PINs:
Suite 202
44 - A - 25A, 44 - A - 25B, 44 - A - 40
Applications Winchester, VA 22601
Rezoning from RA to RA with Proffers,
540 - 665 - 5651
Parcels
B2, M1, and OM with Proffers
Map Created: September 29, 2015
Building Footprints
Staff: mruddy
Future Rt 37 Bypass
04759501,900Feet
AMENDMENT
Action:
WHEREAS
Rezoning #08-15, Of McCann Office Park,
,
WHEREAS
WHEREAS
WHEREAS
NOW, THEREFORE, BE IT ORDAINED
A COPY ATTEST
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment
Self-Storage Facilities in the RA (Rural Areas) District
DATE: October 30, 2015
Staff has been requested to assess the potential to include self-storage facilities as a conditional use
in the RA (Rural Areas) District. Currently self-storage is a permitted use in the B2, B3, M1 and M2
Districts. It has been requested that staff look into self-storage in the RA District due to this use
requiring limited infrastructure (such as water and sewer). Cur
permitted through a conditional use permit include:
Country clubs, with or without banquet facilities.
Country general stores.
Service stations.
Antique shops.
Restaurants.
Motels.
Auction houses.
Campgrounds, tourist camps, recreation areas and resorts.
Commercial outdoor recreation, athletic or park facilities.
Nationally chartered fraternal lodges or civic clubs, social cen
Sawmills and planning mills, Type B.
Landscape contracting businesses.
Veterinary office, clinic or hospital, including livestock servi
Day-care facilities.
Welding Repair (SIC 7692).
Flea Markets, Operated Indoors or Outdoors.
The DRRC discussed this amendment at their July 2015 meeting. The DRRC had minor revisions and
sent the proposed changes to the Planning Commission for discussThe Planning Commission
discussed this item on August 19, 2015; the Planning Commission agreed with the changes and sent
the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this
item on September 9, 2015; and the Board expressed concern that this use may not fit in with many
areas zoned Rural Areas and also questioned what would happen if
Board of Supervisors Public Hearing
Self-Storage Facilities in the RA (Rural Areas) District
October 30, 2015
Page 2
Ultimately, the Board of Supervisors sent the proposed amendment forward for public hearing to
solicit citizen comments. After the Board of Supervisors meeting staff added a condition t
proposed amendment requiring that properties be located within a
qualify to apply for a Conditional Use Permit.
The Planning Commission held a public hearing for this
item on October 21, 2015; there were no public comments. The Planning Commission disagreed with
the requirement for Rural Community Centers and recommended appr
removal of that requirement.
The attached document shows the existing ordinance with the prop
DRRC and the Planning Commission (with bold italic for text adde This proposed amendment is being
presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors
on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any
questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined it
2. Resolution
CEP/pd
Proposed Changes to Chapter 165 Self-Storage Facilities
Original language
Draft revisions
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 RA Rural Areas District
§ 165-401.03 Conditional uses.
The following uses of structures and land shall be allowed only been
granted for the use:
NN. Self-Service Storage Facilities
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS
Part 204 Additional Regulations for Specific Uses
§ 165-204.18 Storage facilities, self-service.
Where allowed, self-service storage facilities shall meet the following requirements
A. Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning
districts in which they are permitted.
B. All parking areas, travel aisles and maneuvering areas associate-service storage facility
operations shall be paved with asphalt, concrete or similar mate
surface.
C. Buildings are permitted that provide interior and exterior accessible units. Individual units within the
self-service storage building shall not exceed 1,000 square feet in a
D. Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure th
adequate travel aisles are maintained between buildings.
E. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of
the self-service storage facility, provided that the storage area is sepa
and travel aisles and is depicted on the approved site developmes
purpose shall be exempt from the surface requirements specified 165-204.18B.
F. Self-service storage facilities shall meet the following landscaping eening requirements:
Proposed Changes to Chapter 165 Self-Storage Facilities
(1) Facilities located in the B-2 Business General District shall be completely screened around
perimeter of the property by a double row of evergreen trees tha
maximum of eight feet off center and are a minimum of six feet i height when planted.
(2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall
be required to landscape the yard area within the front yard setback to provide for a double row
of evergreen trees that are staggered and planted a maximum of e
and rear yards shall be planted with a single row of evergreen o
planted a maximum of 40 feet off center. All trees shall be a minimum of
time of planting.
(3) Facilities located on parcels that are within a master planned industrial park or office park shall
be required to landscape the perimeter of the facility with a si
deciduous trees that are planted a maximum of 40 feet off center
of six feet in height at the time of planting.
(4) The required planting of all trees described under this Subsecti F shall occur in an area that is
between the adjoining property boundary line and the placement o
installation of an opaque wall or fence that is a minimum of six
required landscaped areas in all zoning districts.
G. Self-service storage facility operations shall be designed to accommo
commercial and industrial items, excluding hazardous, toxic and
repair or activity other than storage shall be permitted to occur in self-service storage facility
operations. A copy of the lease agreement which describes the re
be approved in conjunction with the site development plan for th-service storage facility
operation.
H. In addition to the above, self-service storage facilities in the RA (Rural Areas) District shaladhere
to the following requirements:
(1)All development shall conform to all B2 (General Business) District standards.
(2)All development shall have direct access onto a paved state road.
ORDINANCE AMENDMENT
______________________________
Action:
PLANNING COMMISSION: October 21, 2015 Recommended Approval
BOARD OF SUPERVISORS: November 12, 2015 APPROVED DENIED
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE IV - AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.03 - CONDITIONAL USES
ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING,
BUFFERS, AND REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.18 STORAGE FACILITIES, SELF-SERVICE
WHEREAS,
an ordinance to amend Chapter 165, Zoning to allow self-storage facilities
as a conditional use in the RA (Rural Areas) District was considered and supplemental
use regulations pertaining to the use; and
WHEREAS,
the Planning Commission held a public hearing on this ordinance
amendment on October 21, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this ordinance
amendment on November 12, 2015; and
WHEREAS,
the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare, and in good
zoning practice; and
-1-
PDRes #36-15
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Chapter 165 Zoning, is amended to modify Article IV Agricultural
Supervisors that
and Residential Districts, Part 401 RA Rural Areas District; §165-401.03
Conditional Uses; Article II Supplementary Use Regulations, Parking, Buffers,
and Regulations for Specific Uses, Part 204 Additional Regulations for Specific
Uses, §165-204.18 ;
Storage Facilities, Self-Service include self-storage facilities as a
conditional use in the RA (Rural Areas) District and supplemental use regulations
pertaining to the use.
Passed this 12th day of November, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
-2-
PDRes #36-15
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment Variance Requirements
DATE: October 30, 2015
During the 2015 Session, the Virginia General Assembly passed am
pertaining to the operation of the local Board of Zoning Appealsrequire revisions to be
made to the Zoning Ordinance to be compliant with the Code of Virginia pertaining to the Boar
Zoning Appeals and the standards by which the Board reviews vari Specific changes
include:
The administrative appeals section has been updated to be consistent with the Code of
Virginia the determination of the Zoning Administrator shall be presumed
correct and the burden of proof falls on the applicant to rebut
correctness.
Within Section C Variances -
Several other minor revisions have been included that reformat t
with the changes.
The DRRC discussed this amendment at their July 2015 meeting. The DRRC endorsed the changes and
sent the amendment forward to the Planning Commission for discussion. The Planning Commission
discussed this item on August 19, 2015; the Planning Commission agreed with the changes and sent the
item forward for review by the Board of Supervisors. The Board of Supervisors discussed this item on
September 9, 2015; the Board of Supervisors agreed with the proposed changes and se
amendment forward for public hearing. The Planning Commission held a public hearing for this item on
October 21, 2015; there were no public comments and the Planning Commission recommended
approval.
The attached document shows the existing ordinance with the propby the
DRRC and the Planning Commission (with strikethroughs for text e
added). This proposed amendment is being presented to the Board of Super
item. A decision by the Board of Supervisors on this proposed Zoning Ordinance text amendment is
sought. Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italic
2. Code of Virginia BZA and Variances
3. Resolution
CEP/pd
Proposed Changes to Chapter 165 Variances
Original language
Draft revisions
ARTICLE X
BOARD OF ZONING APPEALS
Part 1001 Board of Zoning Appeals
§ 165-1001.01 Appointment; organization; terms.
A Board of Zoning Appeals shall be appointed by the Circuit Courand
provisions of the Code of Virginia. The Board of Zoning Appeals
according to all requirements of the Code of Virginia. The Board
members appointed for five-year terms.
§ 165-1001.02 Powers and duties.
A. Administrative appeals. The Board of Zoning Appeals shall hear a
requirement, decision or determination made by the Zoning Administrator, Director of Planning and
Development or other administrative officer with authority to ad
requirements of this chapter. The determination of the Zoning Administrator shall be presumed
be correct. At a hearing, the Zoning Administrator shall explain the basis for
after which the appellant has the burden of proof to rebut such
preponderance of the evidence. The Board of Zoning Appeals shalany applicable
ordinances, laws and regulations in making its decision.
(1) Procedures. An appeal to the Board of Zoning Appeals may be take
board, County or municipality aggrieved or affected by any decis
Such appeal shall be taken within 30 days after the decision by iling with the Zoning
Administrator and Board of Zoning Appeals a notice of appeal spe
The Zoning Administrator shall transmit to the Board all the pap
which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the
action appealed unless the Zoning Administrator certifies to the
stated in the certificate, a stay would, in his opinion, cause i
which case proceedings shall not be stayed otherwise than by a restrai
Board or by a court of record, on application and on notice to t
good cause shown.
(2) The Board shall fix a reasonable time for the hearing of an appl
public notice thereof as well as due notice to the parties in in
within 60 days. The Board may reverse or affirm wholly or partly or may modify a
requirement, decision or determination appealed according to the
Code of Virginia.
B. Map interpretations. The Board of Zoning Appeals shall hear and
interpretation of the Zoning District Map after notice to the ow
after a public hearing held according to the requirements of the Code of Virginia. The Board shall
Proposed Changes to Chapter 165 Variances
interpret the map in such a way as to carry out the intent and p
particular district in question. The Board shall not have the po
locations of district boundaries as established by this chapter. The Board sh
rezone property.
C. Variances. The Board of Zoning Appeals shall hear and decide applications for variances from specific
terms or requirements of this chapter in specific cases. Varianc
in the following cases:
(1) When granting the variance will not be contrary to the public in The burden of proof shall
be on the applicant for a variance to prove by a preponderance o
application meets the standard for a variance as defined;
(2) A variance shall be granted if the evidence shows that the stric
ordinance would unreasonably restrict the utilization of the pro
the variance would alleviate a hardship due to a physical condition relating to the property or
improvements thereon at the time of the effective date of the ordinance and:
a.The property interest for which the variance is being requested
faith;
b.Any hardship was not created by the applicant for the variance;
c.The granting of the variance will not be of substantial detrimen
and nearby properties in the proximity of that geographical area
d.Condition or situation of the property concerned is not of so gen
nature as to make reasonably practicable the formulation of a ge
be adopted as an amendment to the ordinance;
e.The granting of the variance does not result in a use that is not
such property or a change in the zoning classification of the property; and
f.The relief or remedy sought by the variance application is not av
Conditional Use Permit process or the process for modification of a zoning ordinance.
(2) When owing to special conditions, a literal enforcement of the p
result in unnecessary hardship. Variances shall only be granted
show that his property was acquired in good faith and where the owner can show that
hardship was not self-inflicted. Variances shall be granted where, by reason of the ex
conditions on the property at the time of the effective date of lication
of the requirements of this chapter would effectively prohibit o
the property. Variances shall be granted to alleviate a clearly
approaching confiscation. Variances shall not be granted to provide a special privilege or
convenience sought by the applicant. A variance shall not be gra
alleviated is of a recurring nature so that the condition could
amendment.
(3) When the granting of the variance will maintain the intent of th
(4) Variances shall be granted to alleviate the following types of c
Proposed Changes to Chapter 165 Variances
(a) Narrowness, shallowness, size or shape of a specific piece of pr
(b) Exceptional topographic conditions.
(c) Extraordinary conditions concerning the use of adjacent properties.
(d) Other extraordinary conditions of the specific parcel of land.
(5) Variances shall only be authorized if the Board finds the follow
(a) That the strict application of this chapter would produce undue
above.
(b) That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity.
(c) That the authorization of such variance will not be of substanti
property and that the character of the district will not be changed by granting
variance.
(3) No variance shall be granted for any proposed use, development o Floodway
District that will cause any increase in flood levels during the-hundred-year flood.
(4) When considering a variance application located within the floodplain districts, additional
factors contained in ARTICLE VII, § 165-702.18, must be followed.
D. Procedures. Applications for variances shall be made to the Zoni
rules adopted by the Zoning Administrator. Plans, maps and other
provided by the applicant as required. Variances; shall be promptly transmitted to the Board of
Zoning Appeals for public hearing. No variance shall be granted
hearing is held according to the requirements of the Code of Vir
be accompanied by a nonrefundable fee in an amount as set by resolution of the Board
Supervisors from time to time.
APPEALS AND VARIANCES
Proposed Changes to Chapter 165 Variances
Complete Petition Filed with Planning
Department (Variance or Appeal)
Notification of BZA
Public Hearing
BZA Meeting
Favorable Unfavorable
Decision Decision
Variance or Variance or
Appeal Approved Appeal Denied
E. Conditions. In granting a variance, the Board of Zoning Appeals may impose such conditio
regarding the location, character and other features of the prop
necessary in the public interest and may require a guaranty or bthat the conditions
imposed are being and will continue to be complied with.
F. Decisions of the Board of Zoning Appeals may be appealed to the to
procedures set forth in the Code of Virginia.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 General Provisions
§ 165-101.02 Definitions and word usage.
VARIANCE - A reasonable deviation from those provisions regulating the shape, size or area of a lot or
parcel of land, or the size, height, area, bulk or location of a building or structure when the stric
application of this chapter would result in unnecessary or unreasonable hardship to the property o
unreasonably restrict the utilization of the property, and such need for a variance would not be shared
generally by other properties, and provided that such variance ithe intended spirit and
purpose of this chapter and would result in substantial justice being done.
VIRGINIAACTSOFASSEMBLY2015SESSION
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CHAPTER597
AnActtoamendandreenact§§15.22201,15.22308,15.22309,and15.22314oftheCodeof
----
VirginiaandtoamendtheCodeofVirginiabyaddingasectionnumbered15.22308.1,relatingto
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variances.
[H1849]
ApprovedMarch26,2015
BeitenactedbytheGeneralAssemblyofVirginia:
1.That§§15.22201,15.22308,15.22309,and15.22314oftheCodeofVirginiaareamendedand
----
reenactedandthattheCodeofVirginiaisamendedbyaddingasectionnumbered15.22308.1as
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follows:
§15.22201.Definitions.
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Asusedinthischapter,unlessthecontextrequiresadifferentmeaning:
"Affordablehousing"means,asaguideline,housingthatisaffordabletohouseholdswithincomesat
orbelowtheareamedianincome,providedthattheoccupantpaysnomorethanthirtypercentofhis
grossincomeforgrosshousingcosts,includingutilities.Forthepurposeofadministeringaffordable
dwellingunitordinancesauthorizedbythischapter,localgovernmentsmayestablishindividual
definitionsofaffordablehousingandaffordabledwellingunitsincludingdeterminationoftheappropriate
percentofareamedianincomeandpercentofgrossincome.
"Conditionalzoning"means,aspartofclassifyinglandwithinalocalityintoareasanddistrictsby
legislativeaction,theallowingofreasonableconditionsgoverningtheuseofsuchproperty,such
conditionsbeinginadditionto,ormodificationoftheregulationsprovidedforaparticularzoning
districtorzonebytheoverallzoningordinance.
"Development"meansatractoflanddevelopedortobedevelopedasaunitundersingleownership
orunifiedcontrolwhichistobeusedforanybusinessorindustrialpurposeoristocontainthreeor
moreresidentialdwellingunits.Theterm"development"shallnotbeconstruedtoincludeanytractof
landwhichwillbeprincipallydevotedtoagriculturalproduction.
"Historicarea"meansanareacontainingoneormorebuildingsorplacesinwhichhistoricevents
occurredorhavingspecialpublicvaluebecauseofnotablearchitectural,archaeologicalorotherfeatures
relatingtotheculturalorartisticheritageofthecommunity,ofsuchsignificanceastowarrant
conservationandpreservation.
"Incentivezoning"meanstheuseofbonusesintheformofincreasedprojectdensityorother
benefitstoadeveloperinreturnforthedeveloperprovidingcertainfeatures,designelements,uses,
services,oramenitiesdesiredbythelocality,includingbutnotlimitedto,sitedesignincorporating
principlesofnewurbanismandtraditionalneighborhooddevelopment,environmentallysustainableand
energyefficientbuildingdesign,affordablehousingcreationandpreservation,andhistorical
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preservation,aspartofthedevelopment.
"Localplanningcommission"meansamunicipalplanningcommissionoracountyplanning
commission.
"Militaryinstallation"meansabase,camp,post,station,yard,center,homeportfacilityforanyship,
orotheractivityunderjurisdictionoftheU.S.DepartmentofDefense,includinganyleasedfacility,or
anylandorinterestinlandownedbytheCommonwealthandadministeredbytheAdjutantGeneralof
VirginiaortheVirginiaDepartmentofMilitaryAffairs."Militaryinstallation"doesnotincludeany
facilityusedprimarilyforcivilworks,riversandharborsprojects,orfloodcontrolprojects.
"Mixedusedevelopment"meanspropertythatincorporatestwoormoredifferentuses,andmay
includeavarietyofhousingtypes,withinasingledevelopment.
"Officialmap"meansamapoflegallyestablishedandproposedpublicstreets,waterways,andpublic
areasadoptedbyalocalityinaccordancewiththeprovisionsofArticle4(§15.22233etseq.)hereof.
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"Plannedunitdevelopment"meansaformofdevelopmentcharacterizedbyunifiedsitedesignfora
varietyofhousingtypesanddensities,clusteringofbuildings,commonopenspace,andamixof
buildingtypesandlandusesinwhichprojectplanninganddensitycalculationareperformedforthe
entiredevelopmentratherthanonanindividuallotbasis.
"Planningdistrictcommission"meansaregionalplanningagencycharteredundertheprovisionsof
Chapter42(§15.24200etseq.)ofthistitle.
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"Plat"or"platofsubdivision"meanstheschematicrepresentationoflanddividedortobedivided
andinformationinaccordancewiththeprovisionsof§§15.22241,15.22242,15.22258,15.22262,
----
and15.22264,andotherapplicablestatutes.
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"Preliminarysubdivisionplat"meanstheproposedschematicrepresentationofdevelopmentor
subdivisionthatestablisheshowtheprovisionsof§§15.22241and15.22242,andotherapplicable
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statuteswillbeachieved.
"Residentcurator"meansaperson,firm,orcorporationthatleasesorotherwisecontractstomanage,
preserve,maintain,operate,orresideinahistoricpropertyinaccordancewiththeprovisionsof
§15.22306andotherapplicablestatutes.
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"Siteplan"meanstheproposalforadevelopmentorasubdivisionincludingallcovenants,grantsor
easementsandotherconditionsrelatingtouse,locationandbulkofbuildings,densityofdevelopment,
commonopenspace,publicfacilitiesandsuchotherinformationasrequiredbythesubdivision
ordinancetowhichtheproposeddevelopmentorsubdivisionissubject.
"Specialexception"meansaspecialuse,thatisausenotpermittedinaparticulardistrictexceptby
aspecialusepermitgrantedundertheprovisionsofthischapterandanyzoningordinancesadopted
herewith.
"Street"meanshighway,street,avenue,boulevard,road,lane,alley,oranypublicway.
"Subdivision,"unlessotherwisedefinedinanordinanceadoptedpursuantto§15.22240,meansthe
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divisionofaparceloflandintothreeormorelotsorparcelsoflessthanfiveacreseachforthepurpose
oftransferofownershiporbuildingdevelopment,or,ifanewstreetisinvolvedinsuchdivision,any
divisionofaparcelofland.Thetermincludesresubdivisionand,whenappropriatetothecontext,shall
relatetotheprocessofsubdividingortothelandsubdividedandsolelyforthepurposeofrecordation
ofanysingledivisionoflandintotwolotsorparcels,aplatofsuchdivisionshallbesubmittedfor
approvalinaccordancewith§15.22258.
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"Variance"means,intheapplicationofazoningordinance,areasonabledeviationfromthose
provisionsregulatingtheshape,size,orareaofalotorparcelofland,orthesize,height,area,bulk,or
locationofabuildingorstructurewhenthestrictapplicationoftheordinancewouldresultin
unnecessaryorunreasonablehardshiptothepropertyownerunreasonablyrestricttheutilizationofthe
property,andsuchneedforavariancewouldnotbesharedgenerallybyotherproperties,andprovided
suchvarianceisnotcontrarytotheintendedspiritandpurposeoftheordinance,andwouldresultin
substantialjusticebeingdone.Itshallnotincludeachangeinuse,whichchangeshallbeaccomplished
byarezoningorbyaconditionalzoning.
"Zoning"or"tozone"meanstheprocessofclassifyinglandwithinalocalityintoareasanddistricts,
suchareasanddistrictsbeinggenerallyreferredtoas"zones,"bylegislativeactionandtheprescribing
andapplicationineachareaanddistrictofregulationsconcerningbuildingandstructuredesigns,
buildingandstructureplacementandusestowhichland,buildingsandstructureswithinsuchdesignated
areasanddistrictsmaybeput.
§15.22308.Boardsofzoningappealstobecreated;membership,organization,etc.
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A.Everylocalitythathasenactedorenactsazoningordinancepursuanttothischapterorprior
enablinglaws,shallestablishaboardofzoningappealsthatshallconsistofeitherfiveorseven
residentsofthelocality,appointedbythecircuitcourtforthelocality.Boardsofzoningappealsfora
localitywithinthefifteenthornineteenthjudicialcircuitmaybeappointedbythechiefjudgeorhis
designatedjudgeorjudgesintheirrespectivecircuit,uponconcurrenceofsuchlocality.Theirtermsof
officeshallbeforfiveyearseachexceptthatoriginalappointmentsshallbemadeforsuchtermsthat
thetermofonemembershallexpireeachyear.Thesecretaryoftheboardshallnotifythecourtatleast
thirtydaysinadvanceoftheexpirationofanytermofoffice,andshallalsonotifythecourtpromptlyif
anyvacancyoccurs.Appointmentstofillvacanciesshallbeonlyfortheunexpiredportionoftheterm.
Membersmaybereappointedtosucceedthemselves.Membersoftheboardshallholdnootherpublic
officeinthelocalityexceptthatonemaybeamemberofthelocalplanningcommission.Amember
whosetermexpiresshallcontinuetoserveuntilhissuccessorisappointedandqualifies.Thecircuit
courtfortheCityofChesapeakeandtheCircuitCourtfortheCityofHamptonshallappointatleast
onebutnotmorethanthreealternatestotheboardofzoningappeals.Attherequestofthelocal
governingbody,thecircuitcourtforanyotherlocalitymayappointnotmorethanthreealternatestothe
boardofzoningappeals.Thequalifications,termsandcompensationofalternatemembersshallbethe
sameasthoseofregularmembers.Aregularmemberwhenheknowshewillbeabsentfromorwill
havetoabstainfromanyapplicationatameetingshallnotifythechairmantwentyfourhourspriorto
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themeetingofsuchfact.Thechairmanshallselectanalternatetoserveintheabsentorabstaining
membersplaceandtherecordsoftheboardshallsonote.Suchalternatemembermayvoteonany
applicationinwhicharegularmemberabstains.
B.Localitiesmay,byordinancesenactedineachjurisdiction,createajointboardofzoningappeals
thatshallconsistoftwomembersappointedfromamongtheresidentsofeachparticipatingjurisdiction
bythecircuitcourtforeachcountyorcity,plusonememberfromtheareaatlargetobeappointedby
thecircuitcourtorjointlybysuchcourtsifmorethanone,havingjurisdictioninthearea.Thetermof
officeofeachmembershallbefiveyearsexceptthatofthetwomembersfirstappointedfromeach
jurisdiction,thetermofoneshallbefortwoyearsandoftheother,fouryears.Vacanciesshallbefilled
fortheunexpiredterms.Inotherrespects,jointboardsofzoningappealsshallbegovernedbyallother
provisionsofthisarticle.
C.Withtheexceptionofitssecretaryandthealternates,theboardshallelectfromitsown
membershipitsofficerswhoshallserveannualtermsassuchandmaysucceedthemselves.Theboard
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mayelectasitssecretaryeitheroneofitsmembersoraqualifiedindividualwhoisnotamemberof
theboard,excludingthealternatemembers.Asecretarywhoisnotamemberoftheboardshallnotbe
entitledtovoteonmattersbeforetheboard.ForNotwithstandinganyotherprovisionoflaw,generalor
special,fortheconductofanyhearing,aquorumshallbenotlessthanamajorityofallthemembersof
theboardandtheboardshallofferanequalamountoftimeinahearingonthecasetotheapplicant,
appellantorotherpersonaggrievedunder§15.22314,andthestaffofthelocalgoverningbody.
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Exceptformattersgovernedby§15.22312,noactionoftheboardshallbevalidunlessauthorizedbya
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majorityvoteofthosepresentandvoting.Theboardmaymake,alterandrescindrulesandformsforits
procedures,consistentwithordinancesofthelocalityandgenerallawsoftheCommonwealth.Theboard
shallkeepafullpublicrecordofitsproceedingsandshallsubmitareportofitsactivitiestothe
governingbodyorbodiesatleastonceeachyear.
D.Withinthelimitsoffundsappropriatedbythegoverningbody,theboardmayemployorcontract
forsecretaries,clerks,legalcounsel,consultants,andothertechnicalandclericalservices.Membersof
theboardmayreceivesuchcompensationasmaybeauthorizedbytherespectivegoverningbodies.Any
boardmemberoralternatemayberemovedformalfeasance,misfeasanceornonfeasanceinoffice,or
forotherjustcause,bythecourtthatappointedhim,afterahearingheldafteratleastfifteendays
notice.
E.Notwithstandinganycontraryprovisionsofthissection,intheCityofVirginiaBeach,members
oftheboardshallbeappointedbythegoverningbody.Thegoverningbodyofsuchcityshallalso
appointatleastonebutnotmorethanthreealternatestotheboard.
§15.22308.1.Boardsofzoningappeals,expartecommunications,proceedings.
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A.Thenonlegalstaffofthegoverningbodymayhaveexpartecommunicationswithamemberof
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theboardpriortothehearingbutmaynotdiscussthefactsorlawrelativetoaparticularcase.The
applicant,landownerorhisagentorattorneymayhaveexpartecommunicationswithamemberofthe
boardpriortothehearingbutmaynotdiscussthefactsorlawrelativetoaparticularcase.Ifanyex
partediscussionoffactsorlawinfactoccurs,thepartyengaginginsuchcommunicationshallinform
theotherpartyassoonaspracticableandadvisetheotherpartyofthesubstanceofsuch
communication.Forpurposesofthissection,regardlessofwhetherallpartiesparticipate,exparte
communicationsshallnotinclude(i)discussionsaspartofapublicmeetingor(ii)discussionspriorto
apublicmeetingtowhichstaffofthegoverningbody,theapplicant,landownerorhisagentorattorney
areallinvited.
B.Anymaterialsrelatingtoaparticularcase,includingastaffrecommendationorreportfurnished
toamemberoftheboard,shallbemadeavailablewithoutcosttosuchapplicant,appellantorother
personaggrievedunder§15.22314,assoonaspracticablethereafter,butinnoeventmorethanthree
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businessdaysofprovidingsuchmaterialstoamemberoftheboard.Iftheapplicant,appellantorother
personaggrievedunder§15.22314requestsadditionaldocumentsormaterialsbeprovidedbythe
-
localityotherthanthosematerialsprovidedtotheboard,suchrequestshallbemadepursuantto
§2.23704.Anysuchmaterialsfurnishedtoamemberoftheboardshallalsobemadeavailablefor
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publicinspectionpursuanttosubsectionFof§2.23707.
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C.Forthepurposesofthissection,"nonlegalstaffofthegoverningbody"meansanystaffwhois
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notintheofficeoftheattorneyforthelocality,orfortheboard,orwhoisappointedbyspeciallawor
pursuantto§15.21542.Nothinginthissectionshallprecludetheboardfromhavingexparte
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communicationswithanyattorneyorstaffofanyattorneywheresuchcommunicationisprotectedbythe
attorneyclientprivilegeorothersimilarprivilegeorprotectionofconfidentiality.
-
D.Thissectionshallnotapplytocaseswhereanapplicationforaspecialexceptionhasbeenfiled
pursuanttosubdivision6of§15.22309.
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§15.22309.Powersanddutiesofboardsofzoningappeals.
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Boardsofzoningappealsshallhavethefollowingpowersandduties:
1.Tohearanddecideappealsfromanyorder,requirement,decision,ordeterminationmadebyan
administrativeofficerintheadministrationorenforcementofthisarticleorofanyordinanceadopted
pursuantthereto.Thedecisiononsuchappealshallbebasedontheboardsjudgmentofwhetherthe
administrativeofficerwascorrect.Thedeterminationoftheadministrativeofficershallbepresumedto
becorrect.Atahearingonanappeal,theadministrativeofficershallexplainthebasisforhis
determinationafterwhichtheappellanthastheburdenofprooftorebutsuchpresumptionof
correctnessbyapreponderanceoftheevidence.Theboardshallconsiderthepurposeandintentofany
applicableordinances,laws,andregulationsinmakingitsdecision.Forpurposesofthissection,
determinationmeansanyorder,requirement,decisionordeterminationmadebyanadministrative
officer.Anyappealofadeterminationtotheboardshallbeincompliancewiththissection,
notwithstandinganyotherprovisionoflaw,generalorspecial.
2.ToauthorizeNotwithstandinganyotherprovisionoflaw,generalorspecial,tograntuponappeal
ororiginalapplicationinspecificcasessuchavarianceasdefinedin§15.22201fromthetermsofthe
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ordinanceaswillnotbecontrarytothepublicinterest,when,owingtospecialconditionsaliteral
enforcementoftheprovisionswillresultinunnecessaryhardship;,providedthatthespiritofthe
ordinanceshallbeobservedandsubstantialjusticedone,asfollows:theburdenofproofshallbeonthe
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applicantforavariancetoprovebyapreponderanceoftheevidencethathisapplicationmeetsthe
standardforavarianceasdefinedin§15.22201andthecriteriasetoutinthissection.
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WhenapropertyownercanshowthathisNotwithstandinganyotherprovisionoflaw,generalor
special,avarianceshallbegrantediftheevidenceshowsthatthestrictapplicationofthetermsofthe
ordinancewouldunreasonablyrestricttheutilizationofthepropertyorthatthegrantingofthevariance
wouldalleviateahardshipduetoaphysicalconditionrelatingtothepropertyorimprovementsthereon
atthetimeoftheeffectivedateoftheordinance,and(i)thepropertyinterestforwhichthevarianceis
beingrequestedwasacquiredingoodfaithandwherebyreasonoftheexceptionalandanyhardship
wasnotcreatedbytheapplicantforthevariance;narrowness,shallowness,size,orshapeofaspecific
pieceofpropertyatthetimeoftheeffectivedateoftheordinance,orwherebyreasonofexceptional
topographicconditionsorotherextraordinarysituationorconditionofthepieceofproperty,orofthe
condition,situation,ordevelopmentofpropertyimmediatelyadjacentthereto,thestrictapplicationof
thetermsoftheordinancewouldeffectivelyprohibitorunreasonablyrestricttheutilizationofthe
propertyorwheretheboardissatisfied,upontheevidenceheardbyit,thatthegrantingofthevariance
willalleviateaclearlydemonstrablehardship,asdistinguishedfromaspecialprivilegeorconvenience
soughtbytheapplicant,providedthatallvariancesshallbeinharmonywiththeintendedspiritand
purposeoftheordinance.(ii)thegrantingofthevariancewillnotbeofsubstantialdetrimentto
adjacentpropertyandnearbypropertiesintheproximityofthatgeographicalarea;(iii)thecondition
orsituationofthepropertyconcernedisnotofsogeneralorrecurringanatureastomakereasonably
practicabletheformulationofageneralregulationtobeadoptedasanamendmenttotheordinance;
(iv)thegrantingofthevariancedoesnotresultinausethatisnototherwisepermittedonsuch
propertyorachangeinthezoningclassificationoftheproperty;and(v)therelieforremedysoughtby
thevarianceapplicationisnotavailablethroughaspecialexceptionprocessthatisauthorizedinthe
ordinancepursuanttosubdivision6of§15.22309ortheprocessformodificationofazoning
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ordinancepursuanttosubdivisionA4of§15.22286atthetimeofthefilingofthevarianceapplication.
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Nosuchvarianceshallbeauthorizedbytheboardunlessitfinds:
a.Thatthestrictapplicationoftheordinancewouldproduceunduehardshiprelatingtotheproperty;
b.Thatthehardshipisnotsharedgenerallybyotherpropertiesinthesamezoningdistrictandthe
samevicinity;and
c.Thattheauthorizationofthevariancewillnotbeofsubstantialdetrimenttoadjacentpropertyand
thatthecharacterofthedistrictwillnotbechangedbythegrantingofthevariance.
Novarianceshallbeauthorizedconsideredexceptafternoticeandhearingasrequiredby
§15.22204.However,whengivinganyrequirednoticetotheowners,theiragentsortheoccupantsof
-
abuttingpropertyandpropertyimmediatelyacrossthestreetorroadfromthepropertyaffected,the
boardmaygivesuchnoticebyfirstclassmailratherthanbyregisteredorcertifiedmail.
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Novarianceshallbeauthorizedunlesstheboardfindsthattheconditionorsituationoftheproperty
concernedisnotofsogeneralorrecurringanatureastomakereasonablypracticabletheformulationof
ageneralregulationtobeadoptedasanamendmenttotheordinance.
Inauthorizinggrantingavariance,theboardmayimposesuchconditionsregardingthelocation,
character,andotherfeaturesoftheproposedstructureoruseasitmaydeemnecessaryinthepublic
interest,andmayrequireaguaranteeorbondtoensurethattheconditionsimposedarebeingandwill
continuetobecompliedwith.Notwithstandinganyotherprovisionoflaw,generalorspecial,the
propertyuponwhichapropertyownerhasbeengrantedavarianceshallbetreatedasconformingforall
purposesunderstatelawandlocalordinance;however,thestructurepermittedbythevariancemaynot
beexpandedunlesstheexpansioniswithinanareaofthesiteorpartofthestructureforwhichno
varianceisrequiredundertheordinance.Wheretheexpansionisproposedwithinanareaofthesiteor
partofthestructureforwhichavarianceisrequired,theapprovalofanadditionalvarianceshallbe
required.
3.Tohearanddecideappealsfromthedecisionofthezoningadministratorafternoticeandhearing
asprovidedby§15.22204.However,whengivinganyrequirednoticetotheowners,theiragentsor
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theoccupantsofabuttingpropertyandpropertyimmediatelyacrossthestreetorroadfromtheproperty
affected,theboardmaygivesuchnoticebyfirstclassmailratherthanbyregisteredorcertifiedmail.
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4.Tohearanddecideapplicationsforinterpretationofthedistrictmapwherethereisany
uncertaintyastothelocationofadistrictboundary.Afternoticetotheownersofthepropertyaffected
bythequestion,andafterpublichearingwithnoticeasrequiredby§15.22204,theboardmayinterpret
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themapinsuchwayastocarryouttheintentandpurposeoftheordinancefortheparticularsectionor
districtinquestion.However,whengivinganyrequirednoticetotheowners,theiragentsorthe
occupantsofabuttingpropertyandpropertyimmediatelyacrossthestreetorroadfromtheproperty
affected,theboardmaygivesuchnoticebyfirstclassmailratherthanbyregisteredorcertifiedmail.
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Theboardshallnothavethepowertochangesubstantiallythelocationsofdistrictboundariesas
establishedbyordinance.
5.Noprovisionofthissectionshallbeconstruedasgrantinganyboardthepowertorezoneproperty
ortobaseboarddecisionsonthemeritsofthepurposeandintentoflocalordinancesdulyadoptedby
thegoverningbody.
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6.Tohearanddecideapplicationsforspecialexceptionsasmaybeauthorizedintheordinance.The
boardmayimposesuchconditionsrelatingtotheuseforwhichapermitisgrantedasitmaydeem
necessaryinthepublicinterest,includinglimitingthedurationofapermit,andmayrequireaguarantee
orbondtoensurethattheconditionsimposedarebeingandwillcontinuetobecompliedwith.
Nospecialexceptionmaybegrantedexceptafternoticeandhearingasprovidedby§15.22204.
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However,whengivinganyrequirednoticetotheowners,theiragentsortheoccupantsofabutting
propertyandpropertyimmediatelyacrossthestreetorroadfromthepropertyaffected,theboardmay
givesuchnoticebyfirstclassmailratherthanbyregisteredorcertifiedmail.
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7.Torevokeaspecialexceptionpreviouslygrantedbytheboardofzoningappealsiftheboard
determinesthattherehasnotbeencompliancewiththetermsorconditionsofthepermit.Nospecial
exceptionmayberevokedexceptafternoticeandhearingasprovidedby§15.22204.However,when
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givinganyrequirednoticetotheowners,theiragentsortheoccupantsofabuttingpropertyandproperty
immediatelyacrossthestreetorroadfromthepropertyaffected,theboardmaygivesuchnoticeby
firstclassmailratherthanbyregisteredorcertifiedmail.Ifagoverningbodyreservesuntoitselfthe
-
righttoissuespecialexceptionspursuantto§15.22286,and,ifthegoverningbodydeterminesthat
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therehasnotbeencompliancewiththetermsandconditionsofthepermit,thenitmayalsorevoke
specialexceptionsinthemannerprovidedbythissubdivision.
8.Theboardbyresolutionmayfixascheduleofregularmeetings,andmayalsofixthedayordays
towhichanymeetingshallbecontinuedifthechairman,orvicechairmanifthechairmanisunableto
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act,findsanddeclaresthatweatherorotherconditionsaresuchthatitishazardousformembersto
attendthemeeting.Suchfindingshallbecommunicatedtothemembersandthepressaspromptlyas
possible.Allhearingsandothermatterspreviouslyadvertisedforsuchmeetinginaccordancewith
§15.22312shallbeconductedatthecontinuedmeetingandnofurtheradvertisementisrequired.
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§15.22314.Certioraritoreviewdecisionofboard.
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Anypersonorpersonsjointlyorseverallyaggrievedbyanydecisionoftheboardofzoningappeals,
oranyaggrievedtaxpayeroranyofficer,department,boardorbureauofthelocality,mayfilewiththe
clerkofthecircuitcourtforthecountyorcityapetitionthatshallbestyled"InRe:dateDecisionof
theBoardofZoningAppealsof[localityname]"specifyingthegroundsonwhichaggrievedwithin30
daysafterthefinaldecisionoftheboard.
Uponthepresentationofsuchpetition,thecourtshallallowawritofcertioraritoreviewthe
decisionoftheboardofzoningappealsandshallprescribethereinthetimewithinwhichareturn
theretomustbemadeandserveduponthesecretaryoftheboardofzoningappealsor,ifnosecretary
exists,thechairoftheboardofzoningappeals,whichshallnotbelessthan10daysandmaybe
extendedbythecourt.Theallowanceofthewritshallnotstayproceedingsuponthedecisionappealed
from,butthecourtmay,onapplication,onnoticetotheboardandonduecauseshown,granta
restrainingorder.
Anyreviewofadecisionoftheboardshallnotbeconsideredanactionagainsttheboardandthe
boardshallnotbeapartytotheproceedings;however,theboardshallparticipateintheproceedingsto
theextentrequiredbythissection.Thegoverningbody,thelandowner,andtheapplicantbeforethe
boardofzoningappealsshallbenecessarypartiestotheproceedingsinthecircuitcourt.Thecourtmay
permitinterventionbyanyotherpersonorpersonsjointlyorseverallyaggrievedbyanydecisionofthe
boardofzoningappeals.
Theboardofzoningappealsshallnotberequiredtoreturntheoriginalpapersacteduponbyitbutit
shallbesufficienttoreturncertifiedorsworncopiesthereoforoftheportionsthereofasmaybecalled
forbythewrit.Thereturnshallconciselysetforthsuchotherfactsasmaybepertinentandmaterialto
showthegroundsofthedecisionappealedfromandshallbeverified.
If,uponthehearing,itshallappeartothecourtthattestimonyisnecessaryfortheproperdisposition
ofthematter,itmaytakeevidenceorappointacommissionertotakeevidenceasitmaydirectand
reporttheevidencetothecourtwithhisfindingsoffactandconclusionsoflaw,whichshallconstitutea
partoftheproceedingsuponwhichthedeterminationofthecourtshallbemade.Thecourtmayreverse
oraffirm,whollyorpartly,ormaymodifythedecisionbroughtupforreview.
Inthecaseofanappealfromtheboardofzoningappealstothecircuitcourtofanorder,
requirement,decisionordeterminationofazoningadministratororotheradministrativeofficerinthe
administrationorenforcementofanyordinanceorprovisionofstatelaw,oranymodificationofzoning
requirementspursuantto§15.22286,thefindingsandconclusionsoftheboardofzoningappealson
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questionsoffactshallbepresumedtobecorrect.Theappealingpartymayrebutthatpresumptionby
provingbyapreponderanceoftheevidence,includingtherecordbeforetheboardofzoningappeals,
thattheboardofzoningappealserredinitsdecision.Anypartymayintroduceevidenceinthe
proceedingsinthecourt.Thecourtshallhearanyargumentsonquestionsoflawdenovo.
Inthecaseofanappealbyapersonofanydecisionoftheboardofzoningappealsthatdeniedor
grantedanapplicationforavariance,orapplicationforaspecialexception,thedecisionoftheboardof
zoningappealsshallbepresumedtobecorrect.Thepetitionermayrebutthatpresumptionbyshowing
tothesatisfactionofthecourtthattheboardofzoningappealsappliederroneousprinciplesoflaw,or
wherethediscretionoftheboardofzoningappealsisinvolved,thedecisionoftheboardofzoning
6of6
appealswasplainlywrongandinviolationofthepurposeandintentofthezoningordinanceprovingby
apreponderanceoftheevidence,includingtherecordbeforetheboardofzoningappeals,thatthe
boardofzoningappealserredinitsdecision.
Inthecaseofanappealbyapersonofanydecisionoftheboardofzoningappealsthatdeniedor
grantedapplicationforaspecialexception,thedecisionoftheboardofzoningappealsshallbe
presumedtobecorrect.Thepetitionermayrebutthatpresumptionbyshowingtothesatisfactionofthe
courtthattheboardofzoningappealsappliederroneousprinciplesoflaw,orwherethediscretionof
theboardofzoningappealsisinvolved,thedecisionoftheboardofzoningappealswasplainlywrong,
wasinviolationofthepurposeandintentofthezoningordinance,andisnotfairlydebatable.
Inthecaseofanappealfromtheboardofzoningappealstothecircuitcourtofadecisionofthe
board,anypartymayintroduceevidenceintheproceedingsinthecourtinaccordancewiththeRules
ofEvidenceoftheSupremeCourtofVirginia.
Costsshallnotbeallowedagainstthelocality,unlessitshallappeartothecourtthatitactedinbad
faithorwithmalice.Intheeventthedecisionoftheboardisaffirmedandthecourtfindsthatthe
appealwasfrivolous,thecourtmayorderthepersonorpersonswhorequestedtheissuanceofthewrit
ofcertioraritopaythecostsincurredinmakingthereturnoftherecordpursuanttothewritof
certiorari.Ifthepetitioniswithdrawnsubsequenttothefilingofthereturn,thelocalitymayrequestthat
thecourthearthematteronthequestionofwhethertheappealwasfrivolous.
ORDINANCE AMENDMENT
______________________________
Action:
PLANNING COMMISSION: October 21, 2015 Recommended Approval
BOARD OF SUPERVISORS: November 12, 2015 APPROVED DENIED
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE X BOARD OF ZONING APPEALS
PART 1001 BOARD OF ZONING APPEALS
§165-1001.02 POWER AND DUTIES
ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND
CONDITIONAL USE PERMITS
PART 101 GENERAL PROVISIONS
§165-101.02 DEFINITIONS AND WORD USAGE
WHEREAS,
during the 2015 Session of the Virginia General Assembly passed an
amendment to the Code of Virginia pertaining to the operation of the local Board of
Zoning Appeals; and
WHEREAS,
The Frederick County Planning Department has drafted revisions to Article
X and Article I of the Zoning Ordinance to be compliant with the Code of Virginia
pertaining to the Board of Zoning Appeals and the standards by which the Board review
variance requests; and
WHEREAS,
the Planning Commission held a public hearing on this ordinance
amendment on October 21, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this ordinance
amendment on November 12, 2015; and
-1-
PDRes #35-15
WHEREAS,
the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare, and in good
zoning practice; and
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Chapter 165 Zoning is amended to modify Article X Board of
Supervisors that
Zoning Appeals, Part 1001 Board of Zoning Appeals, §165-1001.02 Powers and
Duties and Article I General Provisions Amendments, and Conditional Use
Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage
to be compliant with the Code of Virginia pertaining to the Board of Zoning Appeals and
the standards by which the Board reviews variance requests.
Passed this 12th day of November, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
-2-
PDRes #35-15
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment
Setbacks from Agricultural and Forestal Districts
DATE: October 30, 2015
During the 2015-2020 Agricultural and Forestal District update, concern was presented over the
inclusions of parcels less than five (5) acres into the district
parcels that were not in agricultural districts. The concern was that placement of these parcels of
less than five (5) acres in size into the Agricultural District
and interests, and often contained residences, yet the resulting 200-foot setback placed greater
restrictions on their adjacent neighbors. Essentially, someone
the 200-ft setback was applied).
The Board of Supervisors held a public hearing for the inclusion of these par less than five (5)
acres into the agricultural districts at their August 12, 2015 meeting. At that meeting they deferred
action on accepting or denying the inclusion of many of these parcels and directed staff to draft an
ordinance amendment that would allow the inclusion of the parcel
parcels.
Staff has drafted an amendment to the RA (Rural Areas) District
proposed amendment includes the following:
Utilizes the RA setback requirement based on adjoining parcel si
adopted in 2007.
Includes setbacks for parcels that abut an agricultural district, based on the size of
the parcel within the adopted agricultural district.
Parcels within an agricultural district that are six (6)
setback and parcels over six (6) .
The Planning Commission discussed this item their August 19, 2015 meeting; at that meeting the
Planning Commission discussed the acreage cutoff at 6 acres or above and below six (6) acres and
felt this change addresses the issues raised with the Agricultur
The DRRC discussed this at their August 27, 2015 meeting; the DRRC requested that the acreage be
changed from six (6) acres to two (2) acres. The DRRC felt that five (5) and six (6) acre parcels still
Board of Supervisors Public Hearing
Setbacks from Agricultural and Forestal Districts
October 30, 2015
Page 2
have a high potential for agricultural uses and the 200 foot setback was appropriate. The
committee felt that reducing the acreage to two (2) acres for the 50 foot building restriction line
would be more acceptable. The Board of Supervisors discussed this item on September 9, 2015; the
Board of Supervisors discussed the six (6) and two (2) acre options. Ultimately the Board of
Supervisors sent the amendment forward for public hearing with t (6) acre requirement.
The
Planning Commission held a public hearing for this item on Octob
comments. The Commission discussed the six (6) and two (2) acre options previously presented, a
member felt that the two (2)
six (6) acre. Ultimately the Planning Commission recommended approval of the amendment with the
six(6) acre provision.
The attached document shows the existing ordinance with the prop
DRRC and the Planning Commission (with strikethroughs for text e
added). This proposed amendment is being presented to the Board of Supervisors as a public hearing
item. A decision by the Board of Supervisors on this proposed Zonin
sought. Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Resolution
CEP/pd
Attachment 1
Original language
Draft revisions
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 RA Rural Areas District
§ 165-401.07 Setback requirements.
The following setback requirements shall apply to all parcels wi District:
A. Setbacks for all lots other than rural preservation lots shall b
[Amended 2-28-2007; 4-27-2011]
(1) Front setbacks. The front setback for any principal or acceslocated on a
traditional five-acre lot shall be 60 feet from the property line or right-of-way of the street,
road or ingress/egress easement.
(2) Side or rear setbacks. The minimum side or rear setback for
be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size Setback (Side and Rear) (feet)
6 acres or less 50
More than 6 acres 100
Agricultural and Forestal District, 6 50
acres or less
Agricultural and Forestal District, 200
more than 6 acres
Orchard (regardless of parcel size) 200
ORDINANCE AMENDMENT
______________________________
Action:
PLANNING COMMISSION: October 21, 2015 Recommended Approval
BOARD OF SUPERVISORS: November 12, 2015 APPROVED DENIED
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE IV - AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.07 SETBACK REQUIREMENTS
WHEREAS,
Staff has been directed to prepare an amendment to Chapter 165, Zoning to
reduce the setbacks off of parcels within the Agricultural and Forestal District. Staff has
drafted an amendment to the RA (Rural Areas) District setbacks that would require
parcels abutting a property within an agricultural district that is six acres or less to have a
WHEREAS,
the Planning Commission held a public hearing on this ordinance
amendment on October 21, 2015; and
WHEREAS,
the Board of Supervisors held a public hearing on this ordinance
amendment on November 12, 2015; and
WHEREAS,
the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare, and in good
zoning practice; and
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Chapter 165 Zoning, is amended to modify Article IV Agricultural
Supervisors that
and Residential Districts, Part 401 RA Rural Areas District; §165-401.07
Setback Requirements
requiring parcels abutting a property within an agricultural
-1-
PDRes #37-15
Passed this 12th day of November, 2015 by the following recorded vote:
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Charles S. DeHaven, Jr. ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
-2-
PDRes #37-15
MEMORANDUM
Staff is requesting Board action on the inclusion of 35 parcels totaling 70.94 acres into the
2015-2020 Agricultural and Forestal District.
On May 27, 2015, the Board of Supervisors requested that each of these parcels be
given further consideration, and that the property owners be given an opportunity to
participate in the evaluation.
The ADAC recommended
that all forty-six (46) parcels be included in their respective Districts.
Attachment1
MEETING SUMMARY
OF THE
AGRICULTURAL DISTRICT ADVISORY COMMITTEE
Held in the Board of Supervisors Room of the Frederick County Ad
Kent Street in Winchester, Virginia on June 24, 2015.
PRESENT: Carly C. Ay, Stonewall District; Dudley H. Rinker, Back Creek Di
District; John D. Cline, Stonewall District; and Cordell L. Watt
ABSENT: Harman Brumback, Back Creek District; Jason McDonald, Shawnee Di
Back Creek District Alternate
Staff: Eric Lawrence, Director of Planning & Development; Mark R. Cher
Pam Deeter, Secretary
OTHER: Ellen Murphy, Commissioner of Revenue; Seth Thatcher, Assessor; ight property owners
and/or representatives.
The meeting was called to order by Mr. Cheran. Items one and tware two new
properties that want to come into the Agricultural and Forestal
properties that were not included in the renewal of the 2015-202
which the Board of Supervisors requests a re-evaluation.
Mr. Cheran stated that people continue to express a desire to be
agenda this evening is an opportunity to consider their addition
Item 1: Addition of 5 acres, PIN 43-A-159A, to 2015-2020 Red Bud
This is a request to the Frederick County Agricultural District
acre parcel, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultura
located along Red Bud Road and the District currently has 985.59acres. If approved this would increase
the 2015-2020 Red Bud Agricultural and Forestal District to 990. This addition meets the
intent of Chapter 43, Section 15.2-4300 of the Code of Virginia,
with the 2030 Comprehensive Plan which keeps this area rural in
On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADAed approval of the
addition of the 5.0+/- acres, PIN 43-A-159A, to the 2015-2020 Red Bud Agricultural and Forestal District.
1
Item 2: Addition of 175 acres, PIN 85-A-3, to 2015-2020 South Frederick Agricultural and Forestal
District
This is a request to the Frederick County Agricultural District
acre parcel, PIN 85-A-3, to the 2015-2020 South Frederick Agricu
located along Conestoga Lane. If approved this would increase t
Agricultural and Forestal District to 6,020.90+/- acres. This addition meets the intent of Chapter 43,
Section 15.2-4300 of the Code of Virginia, and has been evaluate
Comprehensive Plan which keeps this area rural in nature.
On a motion made by Mr. Watt and seconded by Mr. Rinker, the ADAed approval of the
addition of the 175 acres, PIN 85-A-3, to the 2015-2020 South Frederick Agricultural and Forestal
District.
Item 3: Re-Evaluation of the addition of 46 parcels, totaling 87 acres, to
Forestal Districts.
Mr. Cheran gave background information that at the ADAC meeting in February 2015, ADAC discussed
whether properties that were less than 5 acres in size and not i
Program should be included in an agricultural and forestal distr
District could impact adjacent property owners by requiring a bu
agricultural district boundaries. The ADAC recommended that su
Agricultural and Forestal District.
The Board of Supervisors met on May 27, 2015, and adopted the eight 2015-2020 Agricultural
Forestal Districts totaling 11,425 acres which did not include 4
Program. The Board of Supervisors
requested that the ADAC review the 46 parcels, and permit the 46
participate in the evaluation.
Before the presentation started, an ADAC member spoke about the
helped create the individual Agricultural and Forestal Districts
agricultural in the County, and therefore should be included in
Mr. Cheran stated that as the ADAC reviews the 46 parcels, staff
parcel, and include the 200 foot buffer area on adjacent propert
2
PIN 42-A-61 Mr. Cheran started his presentation with the Albin District. Th
and the size of the parcel is 2.50 acres. A committee member sp
landowner if he wants to be in the Agricultural District to prot
surrounded by the Agricultural District, and there are no adjace
Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommen
A-61 into the 2015-2020 Albin Agricultural and Forestal District.
PIN(s) 31-A-170 and 31-A-171 Located in the Apple Pie Ridge District, these two parcels are o
Fruit Hill Orchard Inc. One parcel has 0.34 acres and the other
200 foot setback of how it would affect adjoining property owner
that these properties already adjoin an orchard.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 31-A-170 and 31-A-171 into the 2015-2020 Apple Pie Ridge Agricultu
Forestal District.
PIN 85-A-25 The next 10 properties are located in the Double Church Agricult
The first to consider is PIN 85-A-25, a 0.50 acre parcel owned b
with limited expansion opportunity. Placement of the property i
additional setback burdens on its adjacent properties. A committif this restriction
affects the parcel that is in Agricultural District from buildin
member stated then why do we want to restrict an adjacent parcel
A committee member said if a landowner wants to be back in the D
in. A question was posed is this a new addition or was this proper
replied this landowner was already in the District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
including PIN 85-A-25 into the 2015-2020 Double Church Agricultu
committee member opposed the motion.
PIN 85-A-33 PIN 85-A-33 is owned by Jessie Judd and the parcel size is 0.37
the buffers on the map which could affect the properties to the . It was noted that
placement of this property in the District is impacting the neig
fields were in the Agricultural District and Mr. Cheran said no.
Another member spoke up and said he helped to form the District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
including PIN 85-A-33 into the 2015-2020 Double Church Agricultu
committee members opposed the motion.
3
PIN 85-A-132 PIN 85-A-132 is owned by Sandra Ritenour, and is 3.67 acres. The property owner came
forward to speak. This piece of land was cut from the original on the
property and surrounding this property is Agricultural and Fores
property owners stated she has raised corn, steers, goats, and s
would like to stay in the District.
On a motion made by Mr. Stetzl and seconded by Mr. Rinker, the A
approval of including PIN 85-A-132 into the 2015-2020 Double Chu
PIN 85-A-139A PIN 85-A-139A is owned by Gary and Linda Scothorn, and contains
Scothorn came forward to speak. Mr. Scothorn confirmed the areahe could build. He expressed
that he would obtain a building permit if he decided to build. H
property and he owns several other smaller parcels with separate
On a motion made by Mr. Ay and seconded by Mr. Stelzel, the ADAC
approval of including PIN 85-A-132 into the 2015-2020 Double Chu
PIN 86-A-33 PIN 86-A-33 is owned by Betty Stelzl, and contains .12 acres.
mother, and stated that the buffer does come onto his farm whichAgricultural District and also
across the road and this property is surround by farmland. This
when Grim Road went in this piece of property was separated from
On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC
approval of including PIN 86-A-33 into the 2015-2020 Double Chur
Mr. Stelzl abstained from voting and the vote was unanimously pa
PIN 86-A-230A PIN 86-A-230A is owned by Jeffery and Joseph Gore, and the pa
Cheran said the 200 foot buffer has been placed on the map and t
property owners
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-230A into the 2015-2020 Double Ch
District.
PIN 86-A-231 PIN 86-A-231 is owned by Fred Gore, and the parcel has 2.50 acre
appears to be less than 100 feet wide, possibly an old right-of-way. The properties on both side of this
parcel are in the Agricultural and Forestal District.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-231 into the 2015-2020 Double Church Agricultural and Forestal Dis
PIN 86-A-245 PIN 86-A-245 is owned by John and Virginia Booth and the parcel A
committee member spoke up and said that Ms. Booth contacted him
in the Agricultural and Forestal District.
4
On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD
approval of including PIN 86-A-245 into the 2015-2020 Double Chu
PIN(s) 86-A-264 and 86-A-264A PIN(s) 86-A-264 and 86-A-264A are owned by Shirley Ritenour, one
parcel is 0.50 and the other is 0.53 acres in size. A committee
back is Clevenger Property and to the best of his knowledge thisDistrict.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 86-A-264 and 86-A-264A into the 2015-2
Forestal District.
PIN 43-A-159 The next 11 properties are located in the Red Bud Agricultural a
first to consider is PIN 43-A-159, a 2 acre property owner by R
Mr. Oates came forward to speak on behalf of the property owner.
of the R & J Land Development land was just recommended for appr
go into the Agricultural District.
that is a front setback and on other side of this property is a
impact on this property. The landowner wants to stay in the Agr
all buffer stops at the state maintained road or right-of- the road.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 43-A-159 into the 2015-2020 Red Bud Ag
PIN 44-A-28C PIN 44-A-28C is owned by Robert and Marsha Boden and the parcel
Oates came forward to speak on behalf of the landowners. The pr
are in the Agricultural District. When the District was formed t
a lot of these little parcels to meet the criteria to form a Dis
parcels.
A committee member gave his opinion that putting on an addition
different from someone trying to put in 20 lots. Maybe there ne
Mr. Cheran said if you are adding onto the principal structure t
play. Now, if you were putting up an acces
On a motion made by Mr. Rinker and seconded by Mr. Ay, the ADAC
approval of including PIN 44-A-28C into the 2015-2020 Red Bud Ag
PIN 44D-2-6 PIN 44D-2-6 is owned by Charles Willis and the parcel is 2.00 a
contacted staff and wants to be in the Agricultural and Forestal District
when this District was formed he needed this piece to connect to
the Agricultural District. Mr. Oates said when the District was formed there was no lot size. We need to
5
have 200 acres to form the Districts and the properties could be
be in the Agricultural District.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 44D-2-6 into the 2015-2020 Red Bud Agr
PIN 55-A-5B PIN 55-A-5B is owned by Vera Herring and the parcel size is 1.0
again this is another property that helped form the District. T
belongs to her son; to the West is the Battlefield. Ms. Herring affect anyone since
surrounding property is in Agricultural District.
On a motion made by Mr. Rinker and seconded by Mr. Cline, the AD
approval of including PIN 55-A-5B into the 2015-2020 Red Bud Agr
PIN 55-A-5D PIN 55-A-5D is owned by Kevin Herring and the parcel size is 1.21 acres. Mr.
this is Vera Herring son and he is surrounded by Agricultural District land.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 55-A-5D into the 2015-2020 Red Bud Agr
PIN 55-A-14 PIN 55-A-14 is owned by Ernest Lam and the parcel size is 2.00 acres. The buf
shown on the map for viewing to the Committee. Mr. Oates spoke
helped form the District and would like to remain in the Distric
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 55-A-14 into the 2015-2020 Red Bud Agr
PIN(s) 55-A-115 and 55-A-117 PIN(s) 55-A-115 and 55-A-117 are owned by Mr. Jeff Jenkins through
two different holding companies: Jeffrey Jenkins and R & J Land
has 1.75 acres and the R & J Land Development has 4.33 acres in
both surrounded by Church and a subdivision
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 55-A-115 and 55-A-117 into the 2015-2020 Red Bud Agricultural and
Forestal District.
PIN 55-A-118 PIN 55-A-118 is owned by Dawn Stultz and her parcel contains 1.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 55-A-118 into the 2015-2020 Red Bud Ag
PIN(s) 55-A-177 and 55-A-178A PIN(s) 55-A-177 and 55-A-178A are owned by William Schuller Jr., and
William and Genevieve Schuller. One parcel contains 0.38 acres a
in size. Mr. Oates said Mr. Schuller has purchased these proper
consolidated the land. Each of the properties might have an old
Mr. Schuller has cattle on the land and also uses the fields for
6
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 55-A-177 and 55-A-178A into the 2015-2
District.
PIN 77-A-83 The next 21 properties are located in the South Frederick Agricultural and
The first to consider is PIN 77-A-83, a 0.5 acre property owned
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 77-A-83 into the 2015-2020 South Frede
PIN(s) 73-A-27 and 73-A-28 PIN(s) 73-A-27 and 73-A-28 are owned by Martha Cooley and Vernon Riding
Trust. Ms. Cooley property has 4.00 acres in size and the Trust property has 4.00se
properties are along Germany Road.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended
approval of including PIN(s) 73-A-27 and 73-A-28 into the 2015-2020 South Frederick Agricultural and
Forestal District.
PIN(s) 73-A-30, 73-A-30A, and 73-A-30E PIN(s) 73-A-30, 73-A-30A, and 73-A-30E are owned by Dudley
other property is 1.01 acres in size. Mr. and Mrs. Noffke property has 1.71 acres. Mr. Rinker has
abstained from the vote.
On a motion made by Mr. Cline and seconded by Mr. Stelzl, the AD
approval of including PINs 73-A-30, 73-A-30A, and 73-A-30E into the 2015-2020 South Frederick
Agricultural and Forestal District.
PIN 73-A-34 PIN 73-A-34 is owned by Charles Hamilton and consists of 4.80 acres.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the AD
approval of including PIN 73-A-34 into the 2015-2020 South Frederick Agricultural and Forest
PIN 73-A-38 PIN 73-A-38 is owned by Mark and Roxanna Orndorff and consists
property is along Middle Road.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 73-A-38 into the 2015-2020 South Frederick Agricultural and Forest
PIN 73-12-11 PIN 73-12-11 is owned by Charles and Vicky Murphy and consists of 2.86 ac
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 73-12-11 into the 2015-2020 South Frederick Agricultural and Forestal
7
PIN(s) 73-12-23 and 73-12-26 PIN(s) 73-12-23 and 73-12-26 are owned by David and Patricia Hlavinka
and David and Julie Menefee. The Hlavinka property consists of
consists of 2.29 acres in size. The Menefee sent in a letter wa It
was noted that these lots are in a Rural Preservation Subdivisio
200 foot Agricultural District buffer will not affect the lots w
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN(s) 73-12-23 and 73-12-26 into the 2015-2020 South Frederick Agricultural and
Forestal District.
PIN 74-A-10F PIN 74-A-10F is owned by Larry and Joyce Earhart and consists o. Mr. and
Mrs. Earhart came forward to speak. Mrs. Earhart expressed their concerns
have to be in land use to be in the Agricultural District and th
they have a small parcel which is not in the land use program. They support the Agricultural District and
have been in the district for many years. The surrounding propA
committee member asked the property owner if their larger property is in the Land Use Program and
Agricultural and Forestal District Program. Mrs. Earhart said y stated
that they did not want their neighbor to construct a house, and
District buffer placed on the adjacent property would prohibit t
adjacent property, further preserving their farming operation.
On a motion made by Mr. Stelzl and seconded by Mr. Rinker, the A
approval of including PIN 74-A-10F into the 2015-2020 South Frederick Agricultural and Fores
PIN(s) 74-A-14, 74-A-15A, and 74-A-15 PIN(s) 74-A-14, 74-A-15A, and 74-A-15 are owned by Cheryl
Humphries and Pamela Lewis. Two of the properties owned by Ms. H
1.23 acres. The joint property with Pamela Lewis is 3.00 acres
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 74-A-14, 74-A-15A, and 74-A-15 into the 2015-2020 South Frederick
Agricultural and Forestal District.
PIN 61-A-23A PIN 61-A-23A is owned by BHS, LC and the parcel is 1.00 acre in
On a motion made by Mr. Rinker and seconded by Mr. Watt, the ADA
approval of including PIN 61-A-23A into the 2015-2020 South Frederick Agricultural and Fores
PIN 62-A-27 PIN 62-A-27 is owned by William Copenhaver and the parcel is 1.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 62-A-27 into the 2015-2020 South Frederick Agricultural and Forest
8
PIN 61-A-29 PIN 61-A-29 is owned by BHS, LC and the parcel is 1.25 acres in size.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 61-A-29 into the 2015-2020 South Frederick Agricultural and Forest
PIN(s) 61-A-43E and 61-A-44 PIN(s) 61-A-43E and 61-A-44 are owned by Carol Melby and Joseph
Snapp. Ms. is property is 1.00 acre in size and Mr. Snapp is 2.20 acres.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN(s) 61-A-43E and 61-A-44 into the 2015-2020 South Frederick Agricultur
Forestal District.
PIN 73-A-64A PIN 73-A-64A is owned by Holly and Samuel Dillender and the par
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the ADAC unanimously recommended
approval of including PIN 73-A-64A into the 2015-2020 South Frederick Agricultural and Fores
PIN 26-A-61A The next parcel is located in the South Timber Ridge Agricultura
PIN 26-A-61A, is a 2 acre property owned by CLW Holdings. The surrounding is al
Forestal District.
On a motion made by Mr. Rinker and seconded by Mr. Stelzl, the A
approval of including PIN 26-A-61A into the 2015-2020 South Timber Ridge Agricultural and Fo
District. Mr. Watt abstained from the vote.
Mr. Cheran will take the recommendation to the Planning Commissi
of Supervisors on August 12, 2015.
Mr. Watt wanted to get the opinion of the committee members abou
home. Mr. Watt stated that he does not believe the intent of an
ing addition to his or her house. But,
A committee member noticed on the map that the future Route 37 e
and Forestal District. The committee member wanted to know how
noted that when an Agricultural District is either created or re
noted that a major road or subdivision is in the Comprehensive P
establishment of the Agricultural District will hinder the abili
But it was also noted that the Board could elect not to include a parc
planned infrastructure was envisioned to be constructed within t
9
the planned infrastructure should supersede the agricultural protections offered by participation in an
Agricultural District.
A committee member had a question about PATH (Power Lines). If
Forestal District, is approached by a utility company for a righof-way through his property is this
allowed. Mr. Cheran replied the way state code is written it s
District and should be taken into consideration but not sure if
landowner opposed this action it would certainly strengthen the
District.
The meeting adjourned at 7:25 p.m.
10
Attachment2
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Attachment 3
Attachment 4
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HALL DWAYNE N
85 A 33
LAYMAN EARL L
LAYMAN EARL L
MANGUM PROPERTIES LLC
MANGUM PROPERTIES LLC
0
1
11
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 33JUDD, JESSIE F0.37Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0150.030.06Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
0
1
11
FLETCHER THEODORE M
SIEVER ROGER DALE
85 A 25
NEELD JOSEPH A
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 25SIEVER, ROGER DALE0.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0150.030.06Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GORE FRED B ET ALS
86 A 230A
DALE DENNIS M
GORE JEFFREY M
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 230AGORE, JEFFERY M & JOSEPH F0.97Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BROWN LAURA H
GORE JEFFREY M
GORE LACEE J
86 A 231
WHITE HOWARD W
GORE JEFFREY M
BRANNON REBECCA W
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 231GORE, FRED B ET ALS2.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HELSLEY PEGGY V
HELSLEY PEGGY V
86 A 245
LACEY JOHN M
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 245BOOTH, JOHN H. & VIRGINIA G.0.50Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
CLEVENGER NELSON R
86 A 264
86 A 264A
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Frestal Districts
86 A 264RITENOUR, SHIRLEY0.50Double Church
86 A 264ARITENOUR, SHIRLEY0.53Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
86 A 33
MADAGAN STUART M TRUSTEE
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
86 A 33STELZL, BETTY R0.12Double Church
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
CRIDER & SHOCKEY INC OF WV
SHENANDOAH VALLEY BATTLEFIELDS
43 A 159
REDBUD RD
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
43 A 159R & J LAND DEVELOPMENT, LLC2.00Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SEIPEL WAYNE D
SUPREME COUNCIL OF THE HOUSE
SEIPEL WAYNE D
55 A 118
55 A 118
COMMONWEALTH-OF VIRGINIA BOARD OF
GAME AND INLAND FISHERIES
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 118STULTZ, DAWN M1.13Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BOYD ROBERT S JR
62 A 27
MOON KUNDUCK
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
62 A 27COPENHAVER, WILLIAM R1.30South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
61 A 44
NELSON BARBARA SNAPP
61 A 43E
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Frestal Districts
61 A 43EMELBY, CAROL J1.00South Frederick
61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
HARRAH DANNY HUESTON
73 A 38
PALMER RONALD S
RICHARDS FRUIT MARKET LLC
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 38ORNDORFF, MARK A & ROXANNA M3.57South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BANKS JAY STEVEN
SIMPSON JOHN I
73 12 11
LILLY STEVEN LEE
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 12 11MURPHY, CHARLES R & VICKY O2.86South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SIMPSON JOHN I
SIMPSON JOHN I
KIM SUE CORP
BRIM STEPHEN DUBOIS ETALS
GRIST JOHN D
PAINTER MARK C
73 12 26
73 12 23
JENNINGS BARBARA H
HERSHMAN CECELIA A
TONEY LUCINDA A TRUSTEE ETALS
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 12 23HLAVINKA, DAVID D & PATRICIA E2.98South Frederick
73 12 26MENEFEE, DAVID & JULIE2.29South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
DEHAVEN RICHARD A
31 A 170
BHS LC
31 A 171
50 Foot Buffer
Parcels
Agricultural & Forestal District
Apple Pie Ridge
PINOwnerAcresAg & Forestal Districts
31 A 170FRUIT HILL ORCHARD INC0.34Apple Pie Ridge
31 A 171FRUIT HILL ORCHARD INC1.07Apple Pie Ridge
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GUARD RALPH P ETALS
85 A 132
RITENOUR FARM L P
50 Foot Buffer
Parcels
Agricultural & Forestal District
Double Church District
PINOwnerAcresAg & Forestal Districts
85 A 132RITENOUR, SANDRA R3.67Double Church
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
JOBE ALLEN B
44 A 28C
44 A 28C
BODEN ROBERT R JR
HOLLIDAY MARTHA OMPS
WILLIS DONNA MARIE
50 Foot Buffer
Parcels
Future Route 37 Bypass
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
44 A 28CBODEN, ROBERT R. JR. & MARSHA4.30Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
BIG O PARTNERSHIP
WILLIS DONNA MARIE
44D 2 6
SNAPP RONALD G
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
44D 2 6WILLIS, CHARLES I.2.37Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
GREGG DAVID M
KECKLEY LINDA FAY
HARRIS EMMA ET ALS
55 A 14
ANGSTADT AARON N
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 14LAM, ERNEST L2.00Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
AMBERS LANDON A
SUPREME COUNCIL OF THE HOUSE
GRIMES CAROLYN LEE
BOYD CHARLES E
55 A 115
55 A 117
SUPREME COUNCIL OF THE HOUSE
JENKINS JEFFREY G
COMMONWEALTH-OF VIRGINIA BOARD OF
GAME AND INLAND FISHERIES
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 115JENKINS, JEFFREY G1.75Red Bud
55 A 117R & J LAND DEVELOPMENT, LLC4.33Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SCHULLER WILLIAM H SR
55 A 178A
55 A 177
RACEY CHARLES RICHARD
50 Foot Buffer
Parcels
Agricultural & Forestal District
Red Bud
PINOwnerAcresAg & Forestal Districts
55 A 177SCHULLER, WILLIAM HAMPTON JR0.38Red Bud
55 A 178ASCHULLER, WILLIAM H SR & GENEVIEVE1.28Red Bud
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
61 A 44
NELSON BARBARA SNAPP
61 A 43E
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Frestal Districts
61 A 43EMELBY, CAROL J1.00South Frederick
61 A 44SNAPP, JOSEPH DAVISON2.20South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
WOODBINE FARMS INC
WHITACRE SUSAN BRUMBACK TRUSTEE
73 A 64A
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 64ADILLENDER, HOLLY B & SAMUEL C JR2.32South Frederic
I
Note:
Frederick County Dept of Planning & Development
00.020.040.08Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
SNYDER LANNY EUGENE
73 A 34
JUDD SCOTT W
CATLETT DUANE W
WEDDLE ARVIN A
KARCHE SUSAN A
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 34HAMILTON, CHARLES A.4.80South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
ANDERSON PAUL G JR
ANDERSON MICHAEL P ETALS
73 A 28
ANDERSON PAUL G JR
JACKSON JANET M
73 A 27
RAUSER DAVID M
OSCAR GALEN E
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 27COOLEY, MARTHA4.00South Frederick
73 A 28RIDINGS, L VERNON RESIDUAL TRUST4.00South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
PHILLIPS DEBORAH A
73 A 30A
ROSENBERRY MARLIN
73 A 30E
RINKER DUDLEY H
73 A 30
RIDINGS L VERNON RESIDUAL TRUST
LOY RICHARD A
JEFFRIES THOMAS H JR
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
73 A 30RINKER, DUDLEY H.4.83South Frederick
73 A 30ANOFFKE, KENTON L & KATHY C1.71South Frederick
73 A 30ERINKER, DUDLEY H.1.01South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
Property Removed from the
2015-2020 Agricultural & Forestal Districts
74 A 10F
TONEY LUCINDA A TRUSTEE ET ALS
EARHART LARRY L
50 Foot Buffer
Parcels
Agricultural & Forestal District
South Frederick District
PINOwnerAcresAg & Forestal Districts
74 A 10FEARHART, LARRY L & JOYCE C1.46South Frederick
I
Note:
Frederick County Dept of Planning & Development
00.0250.050.1Miles
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: November 2, 2015
PIN Owner Acres Ag & Forestal
Districts
Not Adjacent nor Encapsulated by existing Ag District
85-A-33 JUDD, JESSIE F 0.37 Double Church
85-A-25 SIEVER, ROGER DALE 0.50 Double Church
86-A-230A GORE, JEFFERY M & JOSEPH F 0.97 Double Church
86-A-231 GORE, FRED B ET ALS 2.50 Double Church
86-A-245 BOOTH, JOHN H. & VIRGINIA G. 0.50 Double Church
86-A-264A RITENOUR, SHIRLEY 0.53 Double Church
86-A-264 RITENOUR, SHIRLEY 0.50 Double Church
86-A-33 STELZL, BETTY R 0.12 Double Church
43-A-159 R & J LAND DEVELOPMENT, LLC 2.00 Red Bud
55-A-118 STULTZ, DAWN M 1.13 Red Bud
62-A-27 COPENHAVER, WILLIAM R 1.30 South Frederick
61-A-43E MELBY, CAROL J 1.00 South Frederick
73-A-38 ORNDORFF, MARK A & ROXANNA M 3.57 South Frederick
73-12-11 MURPHY, CHARLES R & VICKY O 2.86 South Frederick
73-12-26 MENEFEE, DAVID & JULIE 2.29 South Frederick
73-12-23 HLAVINKA, DAVID D & PATRICIA E 2.98 South Frederick
Ag & Forestal
PIN Owner Acres Districts
Adjacent to Existing Ag District
31-A-170 FRUIT HILL ORCHARD INC 0.34 Apple Pie Ridge
31-A-171 FRUIT HILL ORCHARD INC 1.07 Apple Pie Ridge
85-A-132 RITENOUR, SANDRA R 3.67 Double Church
44-A-28C BODEN, ROBERT R. JR. &MARSHA 4.30 Red Bud
44D-2-6 WILLIS, CHARLES I 2.37 Red Bud
55-A-14 LAM, ERNEST L 2.00 Red Bud
55-A-117 R & J LAND DEVELOPMENT, LLC 4.33 Red Bud
55-A-115 JENKINS, JEFFREY G 1.75 Red Bud
55-A-178A SCHULLER, WILLIAM H SR & GENEVIEVE 1.28 Red Bud
55-A-177 SCHULLER, WILLIAM HAMPTON JR 0.38 Red Bud
61-A-44 SNAPP, JOSEPH DAVISON 2.20 South Frederick
73-A-64A DILLENDER, HOLLY B & SAMUEL C JR 2.32 South Frederick
73-A-34 HAMILTON, CHARLES A. 4.80 South Frederick
73-A-28 RIDINGS, L VERNON RESIDUAL TRUST 4.00 South Frederick
73-A-27 COOLEY, MARTHA 4.00 South Frederick
73-A-30A NOFFKE, KENTON L & KATHY C 1.71 South Frederick
73-A-30E RINKER, DUDLEY H. 1.01 South Frederick
73-A-30 RINKER, DUDLEY H. 4.83 South Frederick
74-A-10F EARHART, LARRY L & JOYCE C 1.46 South Frederick
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
Memorandum
To: Frederick County Board of Supervisors
From: Mark R. Cheran, Zoning and Subdivision Administrator
Date: November 12, 2015
RE: Santa Maria Estates Knock Lane
The following addition to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby requested;
the right-of-way for which, including additional easements for cuts, fills and
drainage, as required, is hereby guaranteed:
Knock Lane, State Route Number 1601 0.15 miles
Staff is available to answer any questions.
MRC/dlw
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
RESOLUTION
BY THE
FREDERICK COUNTY BOARD OF
SUPERVISORS
The Board of Supervisors of Frederick County, in regular meeting on the 12th day of
November, 2015, adopted the following:
WHEREAS,
the streets described on the attached Form AM-4.3, fully incorporated
Court of Frederick County; and
WHEREAS,
the Resident Engineer of the Virginia Department of Transportation has
advised this Board that the streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of Transportation; and
WHEREAS,
the County and the Virginia Department of Transportation have entered
into an agreement on June 9, 1993, for comprehensive stormwater detention which
applies to this request for addition; and
NOW, THEREFORE, BE IT RESOLVED,
this Board requests the Virginia
Department of Transportation to add the streets described in the attached Form AM-4.3 to
the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the
Subdivision Street Requirements; and
BE IT FURTHER RESOLVED,
this Board guarantees a clear and unrestricted right-of-
way, as described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED,
that a certified copy of this resolution be forwarded to
the Resident Engineer for the Virginia Department of Transportation.
Richard C. Shickle, Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Robert W. Wells ____
Blaine P. Dunn ____ Gene E. Fisher ____
Charles S. DeHaven, Jr. ____
A COPY ATTEST
_____________________________
Brenda G. Garton
Frederick County Administrator
PDRes.#48-15