May 10 2017_ Board_Agenda_PacketAGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MAY 10, 2017
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: Cand D)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
County Officials:
(See Attached)A
1.Committee Appointments. -------------------------------------------
2.Request from Commissioner of the Revenue for Refunds.
(See Attached)B
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(See Attached)C
3.Road Name Change Requests:------------------------------------
a.Removal of Wisecarver Lane Road Name.
b.Road Name Change from Pactiv Way to Kingspan Way.
Committee Reports:
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MAY 10, 2017
PAGE 2
(See Attached)D
1. Public Safety Committee. --------------------------------------------
(See Attached)E
2. Public Works Committee. --------------------------------------------
(See Attached)F
3. Transportation Committee. ------------------------------------------
Public Hearing:
1. Proposed Ordinance - Salaries of the Board of Supervisors - Pursuant to
Section 15.2-1414.3 of the Code of Virginia, 1950, as Amended, the Board
of Supervisors will Hold a Public Hearing to Fix the Annual Salaries of the
Board of Supervisors as Follows: Chairman, $10,800; Vice Chairman,
$10,200; and Each Other Member of the Board of Supervisors at $9,000.
(See Attached)G
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Planning Commission Business:
Public Hearing:
1. Conditional Use Permit #05-17 for Virginia Preferred Properties,for an
Indoor Commercial Recreation/Private Gym Facility. The Property is
Located at 351 Victory Road, Winchester, Virginia and is Identified with
Property Identification Number 64-A-80D in the Shawnee Magisterial
(See Attached)H
District. --------------------------------------------------------------------
2. Conditional Use Permit #06-17 for Thomas E. Jeffries,for an Indoor
Commercial Recreation/Softball Training Facility. The Property is Located
at 291 Independence Drive, Winchester, Virginia and is Identified with
Property Identification Number 64-11-16 in the Shawnee Magisterial
(See Attached)I
District. --------------------------------------------------------------------
Other Planning Items:
1. Discussion - Medical Offices in the RP (Residential Performance) and
(See Attached)J
RA (Rural Areas) Districts as Conditional Uses. ----------
Board Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MAY 10, 2017
PAGE 3
Adjourn
COUNTY OF FREDERICK
Information Technologies
Patrick Fly, GIS Manager
pfly@co.frederick.va.us
Voice 540.665.5614
Fax 540.722.2169
M E M O
To:
Board of Supervisors
CC:
Brenda Garton, County Administrator
From:
Patrick Fly, GIS Manager
Subject:
Removal of Wisecarver Ln Road Name
Date:
April 19, 2017
Mr. Mark Smith has submitted a formal request for the removal of Wisecarver Ln. Mr. Smith is the
sole property owner affected by the change.
Wisecarver Ln is a private driveway used to access a barn located on the back of his property. This is
the only addressed structure on Wisecarver Ln, Mr. Smith has been informed of the need to change
that address which he has stated he is willing to do.
In accordance with Chapter 56-6 of County Ordinance, GIS has reviewed the request and is
recommending approval of the road name removal.
107 North Kent Street, Winchester, Virginia 22601-5039
µ
Barn with address point:
391 Wisecarver Lane
Approximate
Location
61 A 13A
of existing
50 foot
right-of-way
61 A 11A
easement
61 A 11
rs
622
rs
Legend
732
Parcel Boundary
Cedar Creek Nutrient & Conservation Facility LLC Property
Relevant Properties on Cedar Creek Grade
Feet
70007001,400
Virginia Geographic Information Network (VGIN)
COUNTY OF FREDERICK
Information Technologies
Patrick Fly, GIS Manager
pfly@co.frederick.va.us
Voice 540.665.5614
Fax 540.722.2169
M E M O
To:
Board of Supervisors
CC:
Brenda Garton, County Administrator
From:
Patrick Fly, GIS Manager
Subject:
Road Name Change from Pactiv way to Kingspan Way
Date:
April 19, 2017
Jason Malone Technical Manager for Kingspan Insulation, LLC has requested that Pactiv Way which
is the primary entrance for their facilities be renamed Kingspan Way.
Pactiv Way currently has two addresses on it both are for Kingspan LLC facilities. They believe this
change will be good for their business. The County has reached out to the other property owner that
has access on Pactiv Way and they have agreed to the requested change. Although this change has
minimal impact astheir property is currently vacant. It has been explained to all parties that they
will have to change their addresses as part of this process. The Plant Manager Jamey Walters has
acknowledged this and is willing to do so.
In accordance with Chapter 56-6 of County Ordinance, GIS has reviewed the request and is
recommending approval of the road name removal.
107 North Kent Street, Winchester, Virginia 22601-5039
£
¤
11
43 A 44A
VIRGINIA APPLE STORAGE INC
§
¨¦
81
172 PACTIV WAY
Address subject to change.
'
43 A 44
KINGSPAN INSULATION LLC
174 PACTIV WAY
'
43 A 38A
KINGSPAN INSULATION LLC
§
¨¦
81
Frederick County, Pictometry
µ
Road to be RenamedAffected Parcels
Renaming of
Address PointParcel Boundary
'
Pactiv Way
0100200300400500Feet
Map Produced By Frederick County Information Technologies: 107 N Kent St, Winchester, VA 22601
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, Assistant Director - Transportation
RE:
Transportation Committee Report for Meeting of April 24, 2017
DATE:
May 1, 2017
The Transportation Committee met on April 24, 2017 at 8:30 a.m.
Members Present Members Absent
Gary Lofton Chairman (voting) Mark Davis (liaison Middletown)
Judith McCann-Slaughter (voting) Barry Schnoor (voting)
Gene Fisher (voting)
James Racey (voting)
Gary Oates (liaison PC)
Lewis Boyer (liaison Stephens City)
***Items Requiring Action***
1.Security Drive
Attached, please find materials submitted by Greenway Engineering representing
Navy Federal Credit Union. To accommodate their expansion there is a need to
abandon a portion of right-of-way and seek adoption of a shorter section into the
State System of Highways. Mr. Evan Wyatt and Mr. Tim Markle were present to
represent Navy Federal Credit Union.
Mr. Wyatt reviewed the request with the Committee. Mrs. McCann-Slaughter
asked whether the shorter section request had been communicated to Southern Air
and Mr. Wyatt noted that it had.
Staff noted that this will be a public hearing item and that three actions will be
required of the Board of Supervisors as follows:
1.Rescind previous request to VDOT that requested adoption of the
longer section of Security Drive into the State system.
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
2.A new resolution requested adoption of the shorter section of Security
Drive into the State system.
3.Abandonment of right-of-way for portion of Security Drive that is no
longer being requested to be in the state system.
On a motion by Mr. Fisher that was seconded by Mr. Racey the Committee
recommended that the Board of Supervisors forward the item for public
hearing.
2. Hood Way
Attached please find materials provided by VDOT and Dennie Dunlap in support
of a road abandonment of Hood Way. This road abandonment is to aid in
facilitating changes to their site to facilitate traffic circulation.
Staff noted that while, in most cases, a cul-de-sac that provides access to a single
user typically is not allowed into the State System, Hood Way was built using
Economic Development Access funds which automatically causes the resulting
roadway to be adopted into the State System.
Mr. Oates noted that the parcels fronting on Route 11 and Hood Way should
either be consolidated with the primary Hood Parcel or receive deeded access to
Hood Way in order to prevent future undesired and potentially unsafe additional
entrances onto Route 11.
On a motion by Mr. Fisher and seconded by Mrs. McCann-Slaughter the
Committee recommended that the Board forward the item to public hearing
for abandonment provided the access concerns noted above
.
***Items Not Requiring Action***
3.Route 50 Speed Limit
Supervisor Ewing has received numerous concerns regarding the speed limit on
Route 50 to the east of Poorhouse Road. With the development of the Lutheran
Home property and introduction of the new signal at National Lutheran Boulevard
with their associated extra trips and conflicting movements, many of the nearby
residents feel the speed limit should be maintained at 45 until Poorhouse Road. A
preliminary determination by VDOT traffic engineering regarding a potential
reduction in speed limit indicated that they would not be supportive of a reduction
at this time.
It was noted that when Lutheran Home Boulevard connects back to Retail
Boulevard near the Walmart, the residents will have another signalized
connection to Route 50.
Committee members also noted the need to clear Route 50 traffic as the roadway
opens up after Retail Boulevard.
Major Hawkins noted that they will ask the traffic division to step up enforcement
along that part of the corridor.
By consensus, the Committee chose not to send forward a recommendation to the
Board of Supervisors to request further study by VDOT.
4.County Projects Update
Snowden Bridge Boulevard:
Stub connection from Snowden to Milburn is nearly complete and that will be the
last step of the project prior to requesting adoption into the State System of
Highways.
Tevis Street Extension/Airport Road/I-81 Bridge:
Bridge design is ongoing and draft environmental documents for VDOT have
been received. Bridge design has reached 75% and comments have been received
for that. Pennoni is incorporating the recent round of comments on the TIA, as
well as incorporating additional scenarios to evaluate a potentially reduced section
for the Northern Y. Staff has had numerous coordination meetings with VDOT to
try to streamline the process and speed review comments.
Renaissance Drive:
Awaiting TPOF agreements from VDOT. Evaluating with the Board the status of
revenue sharing matching funds prior to beginning design. Completing new
project documentation for CSX through the County Attorney.
Valley Mill Road Realignment:
Private partner has indicated a desire not to continue the project. Staff is
following up to clarify their intentions.
Coverstone Drive:
No activity at this time.
Jubal Early Drive Extension and Interchange with Route 37:
Staff has participated in a number of recent meetings regarding the status of
previous design work and permits.
5.Other
JAB/pd
CONDITIONAL USE PERMIT #05-17
VIRGINIA PREFERRED PROPERTIES
Staff Report for the Board of Supervisors
Prepared: April 28, 2017
Staff Contact: Mark R. 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:
04/19/17 Public Hearing Held; Recommended
Approval
Board of Supervisors:
05/10/17 Pending
EXECUTIVE SUMMARY& CONCLUSION FOR THE 5/10/17 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a
Commercial Indoor Recreation/Private Gym. Should the Board of Supervisors find this use to be
appropriate, the Planning Commission recommended that the following conditions be attached to
the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to and approved by Frederick County within a six
(6) month timeframe and all improvements completed prior to establishment of the use.
3.Any expansion or change of use will 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 #05-17, Virginia Preferred Properties
April 28, 2017
LOCATION
: This property is located at 351 Victory Road, Winchester, Virginia
MAGISTERIAL DISTRICT:
Shawnee
PROPERTY ID NUMBER:
64-A-80D
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehousing
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Manufacturing
South: M1 (Light Industrial) Use: Manufacturing/Warehousing
East: RA (Rural Areas) Use: Residential
West: M1 (Light Industrial Light) Use: Warehousing
PROPOSED USE:
Commercial Indoor Recreation/Private Gym
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a conditional use permit for this
property appears to have little measurable impact on Route 728, 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:
Area shall comply with The Virginia Existing Building Code,
The Virginia Uniform Statewide Building Code, Section 302 B, Business Use Group and
Section 306. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings
and Facilities.
Existing area used for employee use to be opened to public. A change of use permit is required
for existing area. Please submit a detailed floor plan with your permit. Public restroom facilities
shall be provided and shall meet ANSIA A117.1-09. Van accessible parking and unloading are
provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to
main entrance is 5%.
Page 3
CUP #05-17, Virginia Preferred Properties
April 28, 2017
Van accessible signage shall be provided per USBC Section 1106.8.
Lever type hardware shall be provided on all doors along the accessible route to restroom area.
20% ANSI A117.01-09 rule applies.
Alteration to existing building shall comply with USBC Section 110.3 for asbestos.
Frederick County Fire Marshall:
Approved. A Life Safety Inspection shall have to be
conducted by the Frederick County F
Winchester-Frederick County Health Department:
The facility appears to be served by
Public Water and Sewer Services. No conflict with any proposed or existing wells or sewage
disposal systems is anticipated. This Health Department has no objection to the proposed
facility.
Frederick County Sanitation Authority:
No comments at this time.
Winchester Regional Airport:
Proposed CUP would not impact airport operations for interior
improvements or modification.
City of Winchester:
No comments.
Planning and Zoning:
The Frederick County Zoning Ordinance allows for commercial indoor
recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional
Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit
(CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires
that any proposed commercial indoor recreation facilities be subject to additional performance
standards in order to promote safety to the patrons and mitigate any negative impacts with the
M1 Zoning District were the use will operate.
This proposed gym will occupy 4,000 sq. ft. within a warehouse of 15,000 sq. ft. in size. The
gym will be a 24 hour operation. Prior to operation of this gym the Applicant will need a site
plan to be submitted and approved by Frederick County. All plan improvements shall be
implemented prior to operating the business. These improvements will include: the twenty (20)
required parking spaces for this use. The designated pick-up and delivery areas for all patrons,
that provides safe access. These requirements are in keeping with Section §165-204.29 of the
Frederick County Zoning Ordinance.
STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for Commercial Indoor Recreation/Private
Gym. Should the Planning Commission find this use to be appropriate, Staff recommends that
the following conditions be attached to the CUP:
Page 4
CUP #05-17, Virginia Preferred Properties
April 28, 2017
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3.Any expansion or change of use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/19/17 MEETING:
Staff reported this is a request for a commercial indoor recreation/private gym facility. Mr.
Cheran continued the property is located at 351 Victory Road and the adjacent properties are
zoned M1 and RA (Rural Areas) and the uses are Manufacturing/Warehouse, and Residential.
Staff presented a location map of the property. Mr. Cheran explained this proposed gym will
occupy 4,000 sq. ft. within a 15,000 sq. ft. warehouse. Staff noted the gym will be a 24 hour
operation.
Staff reported prior to the operation of this gym the Applicant will need a site plan submitted and
approved by Frederick County. Mr. Cheran explained all planned improvements shall be
implemented prior to operating the business. Staff noted these improvements will include:
twenty (20) required parking spaces for this use; and designated pick-up and drop-off areas for
all patrons, which provides safe access. Staff presented the conditions recommended for this
CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick
County and all improvements shall be completed prior to establishment of the
use.
3. Any expansion or change of use will require a new Conditional Use Permit.
Commission Member requested verification that the business was already open. Staff explained
that is correct. The Commission Member inquired if the business will be closed until Condition
#2 requirements are met or possibly a timeframe be placed with this condition to allow the
Applicant ample time for completion. Staff noted if the Planning Commission feels it is
appropriate, a timeframe can be added to Condition #2.
Commission Member requested verification that twenty (20) parking spaces will be required and
that VDOT is on board with this. Staff explained the site plan will require all agency comments
to include VDOT as does the CUP. Commission Member asked if the facility will be staffed at
all times during the twenty-four (24) hours. Mrs. Frogale, the Co-Applicant came forward and
clarified that yes it will be staffed during the entire 24 hours.
Page 5
CUP #05-17, Virginia Preferred Properties
April 28, 2017
The Co-Applicant, Mr. Robert Frogale provided an overview of the business. Mr. Frogale noted
it was originally opened for their employees; however the intent now is to maintain the gym or
lease the space as a gym. A Commission Member asked if the rest of the building would be
used. Mr. Frogale noted yes; it will be for the expansion of his other business.
Commission Member inquired if all parking spaces will be completed before opening. Mr.
Frogale commented yes, that will be done. Commissioner Member requested clarification that
the CUP is only for the 4,000 sq. ft. Staff confirmed, that is correct and if the Applicant wishes
to expand they must go back through the CUP process.
A motion was made, seconded, and unanimously passed to recommend approval of CUP #05-17
for Virginia Preferred Properties with the addition of a six (6) month timeframe added to
Condition #2 (An engineered site plan shall be submitted to and approved by Frederick County
and all improvements shall be completed prior to establishment of the use).
(Note: Commissioner Thomas was absent from the meeting)
CONCLUSION FOR THE 05/10/17 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor
Recreation/Private Gym. Should the Board of Supervisors find this use to be appropriate, the
Planning Commission recommended that the following conditions be attached to the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to and approved by Frederick County within a
six (6) month timeframe and all improvements completed prior to establishment of the
use.
3.Any expansion or change of use will 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.
CUP # 05 - 17
140
ARBOR CT
Virginia Preferred Properties
PIN:
182
ARBOR CT
220
64 - A - 80D
ARBOR CT
Indoor Commercial
Recreation - Private Gym Facility
119
ARBOR CT
Location Map
441
220
VICTORY RD
ARBOR CT
266
ARBOR CT
441
VICTORY RD
CUP #05-17
64 A 80D
321
140
ARBOR CT
ST
INDEPENDENCE DR
728
368
VICTORY RD
331
VICTORY RD
287
VICTORY RD
344
VICTORY RD
140
INDEPENDENCE DR
287
310
320
01
VICTORY RD
VICTORY RD
VICTORY RD
50
212
INDEPENDENCE DR
296
380
VICTORY RD
280
ARBOR CT
VICTORY RD
382
ARBOR CT
CUP # 05 - 17
Note:
Virginia Preferred
Frederick County Dept of
Planning & Development
I
Properties
107 N Kent St
Suite 202
PIN:
Winchester, VA 22601
64 - A - 80D
540 - 665 - 5651
Indoor Commercial
Applications
Map Created: March 22, 2017
Recreation - Private Gym Facility
Parcels
Staff: mcheran
Location Map
Building Footprints
0125250500Feet
RESOLUTION
______________________________
Action:
PLANNING COMMISSION: April 19, 2017 Recommended Approval
BOARD OF SUPERVISORS: May 10, 2017 APPROVED DENIED
RESOLUTION
CONDITIONAL USE PERMIT #05-17
VIRGINIA PREFERRED PROPERTIES
WHEREAS, Conditional Use Permit #05-17 for a commercial indoor
recreation/private gym,
submitted by Virginia Preferred Properties, was considered. The
Property is located at 351 Victory Road, Winchester, Virginia and is further identified with
Property Identification Number 64-A-80D, in the Shawnee Magisterial District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on April 19, 2017, and 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 May 10, 2017; 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 #05-17 for a
commercial indoor recreation/private gym on the parcel identified by Property
Identification Number 64-A-80D with the following conditions:
1.All review agency comments and requirements shall be complied with at all times.
PDRes #17-17
1
2.An engineered site plan shall be submitted to and approved by Frederick County
within a six (6) month timeframe and all improvements completed prior to
establishment of the use.
3.Any expansion or change of use will require a new Conditional Use Permit.
Passed this 10th day of May, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Bill M. Ewing ____ Judith McCann-Slaughter ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
____________________________
Brenda G. Garton
Frederick County Administrator
PDRes #17-17
2
CONDITIONAL USE PERMIT #06-17
COMMERCIAL INDOOR RECREATON FACILITY
THOMAS E. JEFFRIES/dba Shenval Softball Training
Staff Report for the Board of Supervisors
Prepared: April 28, 2017
Staff Contact: Mark R. 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:
04/19/17 Public Hearing Held; Recommended
Approval
Board of Supervisors:
05/10/17 Pending
EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/10/17 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a
Commercial Indoor Recreation/Softball Training Facility. Should the Board of Supervisors find
this use to be appropriate, the Planning Commission recommended that the following conditions
be attached to the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.A shared parking agreement shall be submitted to and approved by Frederick County prior to
the use of the property as a Commercial Indoor Recreation Facility and to include lighting for
pedestrians within six (6) months of approval.
3.Any expansion or change of use will 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 #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 28, 2017
LOCATION
: This property is located at 291 Independence Drive, Winchester, Virginia
MAGISTERIAL DISTRICT:
Shawnee
PROPERTY ID NUMBER:
64-11-16
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Construction Company
South: M1 (Light Industrial) Use: Office
East: M1 (Light Industrial) Use: Airport
West: M1 (Light Industrial)Use: Warehouse
PROPOSED USE:
Commercial Indoor Recreation/Softball Training Facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a conditional use permit for this
property appears to have little measurable impact on Route 1092, 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:
Alteration to existing building requires permits and inspection.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to entrance shall be provided.
Frederick County Fire Marshall:
Approved. A Life Safety Inspection is done by the
Frederick County Sanitation Authority:
No comments.
City of Winchester:
No comments.
Page 3
CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 28, 2017
Planning and Zoning:
The Frederick County Zoning Ordinance allows for commercial indoor
recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional
Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit
(CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires
that any proposed commercial indoor recreation facilities be subject to additional performance
standards in order to promote safety to the patrons and mitigate any negative impacts with the
M1 Zoning District were the use will operate.
This proposed use will be conducted within a 6,000 sq. ft. building. The use will be for softball
training for girls and this use will be conducted in the evenings and on weekends. This property
has an approved site plan that meets the requirements of Section §165-204.29 of the Frederick
County Zoning Ordinance, with regards to safe pick-up and delivery areas for patrons. However,
the property only has a total of seventeen (17) parking spaces. This commercial indoor recreation
use will require a total of thirty (30) parking spaces based on the square footage of the building.
The Applicant has engaged with an adjoining property owner to execute a shared parking
agreement. This agreement allows for the use of sixteen (16) parking spaces. This will allow the
Applicant to meet the parking requirements.
The Planning Commission and Board of Supervisors may want to consider allowing other uses to
be permitted with this CUP approval in the case that an alternative use with a similar amount of
use would want to operate in this facility. If this is the case an additional condition stating such
may be appropriate.
STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor
Recreation/Softball Training Facility. Should the Planning Commission find this use to be
appropriate, Staff recommends that the following conditions be attached to the CUP
1All review agency comments and requirements shall be complied with at all times.
2.A shared parking agreement shall be submitted to and approved by Frederick County
prior to the use of the property as a Commercial Indoor Recreation Facility.
3.Any expansion or change of use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/19/17 MEETING:
Staff reported this is a request application for an indoor commercial recreation/softball training
Page 4
CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 28, 2017
facility which is located at 291 Independence Drive and is zoned M1 (Light Industrial). The
current land use is a Warehouse. Staff continued, the Frederick County Zoning Ordinance
allows for commercial indoor recreation facilities in the M1 Zoning District with an approved
CUP (Conditional Use Permit). Mr. Cheran noted this proposed softball training facility will
take place in a 6,000 sq. ft. building and the property has an approved site plan that meets the
requirements for safe pick-up and drop-off.
Staff reported the property only has a total of seventeen (17) parking spaces; this commercial
indoor recreation use will require a total of thirty (30) parking spaces based on the square footage
of the building. Staff noted the Applicant has engaged with an adjoining property owner to
execute a shared parking agreement. Mr. Cheran continued, this agreement allows for the use of
sixteen (16) parking spaces; this will allow the Applicant to meet the parking requirements. Staff
provided a Pictometry image of where the shared parking will be located. Mr. Cheran explained
the Applicant has spoken with the adjoining property owner; the two will enter into an
agreement; the Zoning Administrator will review the agreement to make sure of a safe ingress
and egress. Staff
requirements; this agreement will be recorded. Staff concluded it may be considered to allow
other uses be permitted with this CUP approval in the case that an alternative use with a similar
amount of use would want to operate in this facility; an additional condition may be added. Staff
recommended the following conditions for this CUP:
1. All review agency comments shall be complied with at all times.
2. A shared parking agreement shall be submitted to and approved by
Frederick County prior to the use of the property as a commercial
indoor recreation facility.
3. Any expansion or change of use will require a new Conditional Use
Permit.
Commission Member inquired if there is public access or a pedestrian walkway between the two
parking locations affected by the parking agreement. Staff explained there is not a public access
at this time nor are sidewalks required in the M1 District; however this can be addressed as a
requirement of the shared parking agreement.
Commission Member inquired what the distance is between the two properties/building. Mr.
, noted it is approximately 150 to 200 yards. Staff noted
there is a site plan in place that identifies the parking.
Commission Member requested clarification that the business is already in operation. Staff
explained that is correct; this came to the attention of Staff through a zoning violation.
Page 5
CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 28, 2017
Commission Member recommended a timeframe be placed on Condition #2 rather than making
the Applicant close completely. Staff noted he believes this can be accomplished in a reasonable
time.
Commission Member asked what the hours of operation are. Staff stated there are not hours
placed on the conditions and the Applicant will elaborate. Commission Member commented he
visited the facility some time ago; most of the traffic is drop-off and did not see the parking
being an issue. He noted there is very little traffic on this strip of road so the impacts from one
parking lot to another should be minimal.
Commission Member inquired will there be any lighting for the pedestrian walkway between
parking lots. Staff stated as of now there are no lights however this can be considered.
Commission Member asked if this is a recorded deed of easement and it cannot be rescinded.
Staff noted that is correct.
Mr. Jeffries came forward and presented an overview of his business and noted he wants to
provide a facility for the youth in our area that is comparable to some facilities in Northern
Virginia in order to help them excel and be competitive in softball. Mr. Jeffries continued the
business involved in the parking agreement is CW Wright Construction; they are closed every
Friday, closed each weekend, close daily by 4:00 p.m. He noted the hours of operation will be
4:00 10:00 p.m. during the school year for his facility. Mr. Jeffries explained he has ceased all
membership sales until this issue is resolved. He concluded by saying he is willing to put
lighting where it may be needed.
Commission Member commented he supports this application and would recommend building
lights be mounted for this operation. Commission Member agreed and wants lighting provided.
Mr. Jeffries noted the building does have mounted lights however the area for pedestrians to
walk between parking lots does not.
Commission Member recommended a timeframe of six (6) months be added to Condition #2 and
to have the necessary site improvements completed to include lighting. Commission Member
asked the Applicant, Mr. Jeffries, if he would be in agreeance with the request. Mr. Jeffries
responded he absolutely would agree.
A motion was made, seconded, and unanimously passed to recommend approval of CUP #06-17
for Thomas E. Jeffries with a timeframe of six (6) months be added to Condition #2 and to have
the necessary site improvements completed to include lighting.
(Note: Commissioner Thomas was absent from the meeting)
Page 6
CUP #06-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries
dba Shenval Softball Training
April 28, 2017
CONCLUSION FOR THE 05/10/17 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor
Recreation/Softball Training Facility. Should the Board of Supervisors find this use to be
appropriate, the Planning Commission recommended that the following conditions be attached to
the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.A shared parking agreement shall be submitted to and approved by Frederick County
prior to the use of the property as a Commercial Indoor Recreation Facility and to
included lighting for pedestrians within six (6) months of approval.
3.Any expansion or change of use will 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.
INDEPENDENCE DR212
322
INDEPENDENCE DR
CUP # 06 - 17
INDEPENDENCE DR
320
INDEPENDENCE DR
Thomas E. Jeffries
250
INDEPENDENCE DR
PIN:
64 - 11 - 16
Indoor Commercial
Recreation - Softball Training Facility
120
Location Map
SECURITY
DRIVE
220
VICTORY RD
CUP #06-17
285
INDEPENDENCE DR
64 11 16
1039
AIRPORT RD
Note:
CUP # 06 - 17
Frederick County Dept of
Thomas E. Jeffries
Planning & Development
I
107 N Kent St
PIN:
Suite 202
64 - 11 - 16
Winchester, VA 22601
Indoor Commercial
540 - 665 - 5651
Applications
Recreation - Softball Training Facility
Map Created: March 24, 2017
Location Map
Parcels
Staff: mcheran
Building Footprints
0100200400Feet
RESOLUTION
______________________________
Action:
PLANNING COMMISSION: April 19, 2017 Recommended Approval
BOARD OF SUPERVISORS: May 10, 2017 APPROVED DENIED
RESOLUTION
CONDITIONAL USE PERMIT #06-17
COMMERCIAL INDOOR RECREATION FACILITY
THOMAS E. JEFFRIES/dba Shenval Softball Training
WHEREAS, Conditional Use Permit #06-17 for a commercial indoor
recreation/softball training facility,
submitted by Thomas E. Jeffries/dba Shenval Softball
Training, was considered. The Property is located at 291 Independence Drive, Winchester,
Virginia and is further identified with Property Identification Number 64-11-16, in the
Shawnee Magisterial District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on April 19, 2017, and 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 May 10, 2017; 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 #06-17 for a
commercial indoor recreation/softball training facility on the parcel identified by Property
Identification Number 64-11-16 with the following conditions:
PDRes #18-17
1
1.All review agency comments and requirements shall be complied with at all times.
2.A shared parking agreement shall be submitted to and approved by Frederick County
prior to the use of the property as a Commercial Indoor Recreation Facility and to
include lighting for pedestrians within six (6) months of approval.
3.Any expansion or change of use will require a new Conditional Use Permit.
Passed this 10th day of May, 2017 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Bill M. Ewing ____ Judith McCann-Slaughter ____
Gene E. Fisher ____ Blaine P. Dunn ____
Robert W. Wells ____
A COPY ATTEST
____________________________
Brenda G. Garton
Frederick County Administrator
PDRes #18-17
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO:
Frederick County Board of Supervisors
FROM:
M. Tyler Klein, AICP, Planner
SUBJECT:
Ordinance Amendment Medical Offices in the RP (Residential Performance)
and RA (Rural Areas) Districts as Conditional Uses
DATE:
May 1, 2017
This is a proposed amendment to Chapter 165 Zoning Ordinance, to add Medical Offices as a
conditional use in the RP (Residential Performance) and RA (Rural Areas) Zoning Districts.
Currently, this use is permitted by right in the B1 (Neighborhood Business) and the B2 (General
Business) Zoning Districts.
Staff has drafted an amendment to add Medical Offices as a conditional use in the RP and RA
Districts. Staff has also drafted supplemental use regulations that would correspond to the use
additional requirements could be added during the Conditional Use Permit process if necessary.
The Development Review & Regulations Committee (DRRC) discussed this proposed
amendment at their January 26, 2017 meeting. The amendment was originally initiated by a
citizen seeking to allow the use in the RP Zoning District. The DRRC agreed with the proposed
change, and further recommended it also be allowed in the RA Zoning District through a
conditional use, and the item was forwarded to the Planning Commission for discussion. The
Planning Commission discussed at their March 15, 2017 meeting. The attached document shows
the existing ordinance with the proposed change supported by the DRRC and Planning
Commission (with bold italic for text added), and additional supplemental use regulations were
added as a result of the Board of Supervisors discussion on April 12, 2017. This item is
Staff is seeking direction from the Board of Supervisors on this
presented for discussion.
Zoning Ordinance text amendment;
attached is a resolution directing the item to public
hearing should the Board of Supervisors deem it appropriate.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. SIC Manuel 801, 802, 803, and 804
3. Resolution
MTK/pd
Attachment 1
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
granted for the use:
NN. Offices and clinics of doctors of medicine, dentists and other h
803, and 804).
Part 402 RP Residential Performance District
§ 165-402.03 Conditional uses.
Uses and associated signs permitted with a conditional use permit shall be as follows:
A. Convalescent and nursing homes and adult care residences and as
B. Cottage occupations, as defined.
C. Nationally chartered fraternal lodges or civic clubs, social ce
an approved site plan, meeting the requirements of this chapter
(1) All principal activities shall take place entirely within an en
(2) All outdoor facilities shall be incidental to the principal fac
(3) No facility or activity shall be erected or conducted less than
or area within other districts which are predominantly residenti
D. Day-care facilities.
E. Rooming houses, boardinghouses and tourist homes.
F. Veterinary offices, veterinary clinics or veterinary hospitals,
nonmedical purposes.
G. Museums
F. Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803,
and 804).
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS
Part 204 Additional Regulations for Specific Uses
§ 165-204.30. Doctors of medicine, dentists and other health practitioners in the RP (Residential
Performance) District and the RA (Rural Areas) District.
Doctors of medicine, dentists and other health practitioners in the RP (Residential Performance)
District and the RA (Rural Areas) District shall be subject to the following requirements:
A.The use and site shall adhere to, and implement, General Business (B2) Zoning District design
standards;
B.The use must front on and be accessed via a collector or arteriadway;
C.
D.The use shall not be located within a residential development/su
E.Buffers and screening (including distance, opaque elements, and landscaping) shall be
determined by the Zoning Administrator.
Attachment 2
____________________________
Action:
BOARD OF SUPERVISORS: May 10, 2017 APPROVED DENIED
RESOLUTION
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165, ZONING
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.03 CONDITIONAL USES
PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT
§165-402.03 CONDITIONAL USES
ARTICLE II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND
REGULATIONS FOR SPECIFIC USES
PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204-30. DOCTORS OF MEDICINE, DENTISTS AND OTHER HEALTH
PRACTITIONERS IN THE RP (RESIDENTIAL PERFORMANCE) DISTRICT
AND THE RA (RURAL AREAS) DISTRICT
WHEREAS,
an ordinance to amend Chapter 165, Zoning to add Medical Offices as a
conditional use in the RP (Residential Performance) District and RA (Rural Areas)
District was considered along with supplemental use regulations that would correspond to
the use; and
WHEREAS,
The Development Review and Regulations Committee (DRRC) reviewed
the change at their January 26, 2017 meeting and agreed with the proposed changes to
add Medical Offices to the RP Zoning District along with a further recommendation it
also be allowed in the RA Zoning District and sent the item forward for review by the
Planning Commission and Board of Supervisors; and
PDRes #08-17
-2-
WHEREAS,
the Planning Commission discussed the proposed changes at their regularly
scheduled meeting on March 15, 2017 and agreed with the proposed changes; and
WHEREAS,
the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on April 12, 2017, and additional supplemental use regulations were
added as a result of the Board of Supervisors discussion; and
WHEREAS,
the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on May 10, 2017; and
WHEREAS,
the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding an amendment to Chapter
165; and
NOW, THEREFORE, BE IT REQUESTED
by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to add Medical Offices as a conditional use in the RP (Residential Performance) District
and RA (Rural Areas) District, including supplemental use regulations that would
correspond to the use.
Passed this 10th day of May, 2017 by the following recorded vote:
This resolution was approved by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Bill M. Ewing ____ Blaine P. Dunn ____
Gene E. Fisher ____ Robert W. Wells ____
Judith McCann-Slaughter ____
A COPY ATTEST
______________________________
Brenda G. Garton
Frederick County Administrator
PDRes #08-17