PC 06-07-17 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 7, 2017
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) April 19, 2017 Meeting Minutes ..................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #03-17 for Rutherford Crossing, submitted by Greenway Engineering, Inc.,
to rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General
Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial)
District with proffers to the M1 (Light Industrial) District with revised proffers. The
property is fronting on the southeast side of Market Street and the north side of Milton
Ray Drive in the Stonewall Magisterial District, and is identified by Property
Identification Number 43-A-99.
Mrs. Perkins ..................................................................................................................... (B)
6) Draft Update of the 2017-2018 Frederick County Primary and Interstate Road
Improvement Plans - The Primary and Interstate Road Improvement Plans
establish priorities for improvements to the Primary and Interstate road networks
within Frederick County. Comments from the Transportation Committee will be
forwarded to the Planning Commission and Board of Supervisors. Ultimately, the
priorities adopted by the Board of Supervisors will be forwarded to the
Commonwealth Transportation Board for consideration.
The Virginia Department of Transportation and the Planning Commission of
Frederick County, in accordance with Section 33.2-331 of the Code of Virginia,
will conduct a joint public hearing in the Board Room of the Frederick County
Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m.
on Wednesday, June 7, 2017. The purpose of this public hearing is to receive
public comment on the proposed Six Year Plan for Secondary Roads for Fiscal
Year 2018. Copies of the proposed Plan and Budget may be reviewed at the
Edinburg Office of the Virginia Department of Transportation, located at 14031 Old
Valley Pike, Edinburg, Virginia or at the Frederick County offices located at 107
North Kent Street, Winchester, Virginia. All projects in the Secondary Road
Improvement Plan that are eligible for federal funds will be included in the
Statewide Transportation Improvement Program (STIP), which documents how
Virginia will obligate federal transportation funds. Persons requiring special
assistance to attend and participate in this hearing should contact the Virginia
Department of Transportation at 1-800-367-7623. Persons wishing to speak at this
public hearing should contact the Frederick County Planning Department at 540-
665-5651.
Mr. Bishop ....................................................................................................................... (C)
7) Ordinance Amendment to 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 IV AGRICULTURAL
AND RESIDENTIAL DISTRICTS, 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. Revisions to the Frederick County Zoning
Ordinance on Medical Offices in the RP (Residential Performance) and RA (Rural Areas)
District as a Conditional Use.
Mr. Klein .......................................................................................................................... (D)
INFORMATION/DISCUSSION
8) Increase in the Permitted Number of Employees for a Cottage Occupation -
Discussion on revisions to the Frederick County Zoning Ordinance to increase the permitted
number of employees for a Cottage Occupation.
Mr. Klein .......................................................................................................................... (E)
9) Residential Separation Buffer Waiver in the RP District – Discussion on revisions to
the Frederick County Zoning Ordinance to include a waiver opportunity for residential
separation buffer in the RP (Residential Performance) Zoning District.
Mr. Klein .......................................................................................................................... (F)
10) Slaughterhouses as a Conditional Use in the RA District – Discussion on revisions to
the Frederick County Zoning Ordinance to included slaughterhouses as a conditional
use in the RA (Rural Areas) Zoning District.
Mr. Klein .......................................................................................................................... (G)
Other
Adjourn
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Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3436
Minutes of April 19, 2017
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on April 19, 2017
PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall District; William H. Cline, Stonewall District; Greg L. Unger, Back Creek District; J.
Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District;
Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams,
County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District.
STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision
Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the April 19, 2017 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the minutes from the March 1, 2017, and adopted the
minutes from the March 15, 2017 with a correction.
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Frederick County Planning Commission Page 3437
Minutes of April 19, 2017
COMMITTEE REPORTS
Frederick County Sanitation Authority – Mtg. 4/18/17
Commissioner Unger reported the FCSA Board held a public hearing to receive
comments on proposed revisions to the Availability Fees which are fees paid when new construction
connects to the FCSA water and sewer system; more specifically, availability fees are capital
contributions that new construction pays to FCSA for the expansions of the water and sewer system
suitable to serve the needs of new construction. Commissioner Unger noted following the public hearing
the FCSA Board of Directors adopted the revised Availability Fees. Commissioner Unger concluded the
availability fee most common to new home connection will be $17,191, a decrease of $283 from what it
has been for the past decade and the new rates will be effective July 1, 2017. Commissioner Unger
presented the totals for the previous month: total water base customers 15,151; total sanitary sewer
customers 14,659; rainfall 2.75”; Diehl plant 1.5 mgd; Anderson plant 1.5 mgd; purchased 1.7 mgd from
the City of Winchester; average usage 4.7 mgd.
City of Winchester – Mtg. 4/18/17
Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported public
hearings were held for two Conditional Use Permits: conversion of property to mixed use on Valley
Avenue by OakCrest Properties LLC; and pizza restaurant on Loudoun Street at the request of Karen
Darby.
Board of Supervisors Report – Mtg. 4/12/17
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved
REZ #01-17 for JDMJ Holding LLC and CUP #10-16 for William Conley. He continued CUP #01-17
for Shenandoah Mobile LLC was postponed for 30 days and CUP #02-17 for Salvatore Carrano was
denied.
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3438
Minutes of April 19, 2017
PUBLIC HEARING
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
District.
Action – Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator began by highlighting the
Frederick County Zoning Ordinance allows for commercial indoor recreational facilities in the M1 (Light
Industrial) Zoning District with an approve CUP (Conditional Use Permit). Mr. Cheran reported this
application is a request for an indoor recreation/private gym facility. He continued the propert y 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. Mr. Cheran presented a locations map of the property. He
explained this proposed gym will occupy 4,000 sq. ft. within a 15,000 sq. ft. warehouse. Mr. Cheran
noted the gym will be a twenty-four (24) hour operation.
Mr. Cheran 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 plan improvements shall be
implemented prior to operating the business. He noted these improvements will include: twenty (20)
required parking spaces for this use; designated pick-up and drop-off areas for all patrons, which provides
safe access. Mr. Cheran presented the conditions recommended by Staff 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.
Commissioner Oates requested verification that the business was already open. Mr.
Cheran explained that is correct. Commissioner Oates 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. Mr. Cheran noted if the Planning Commission feels it is
appropriate, a timeframe can be added to Condition #2.
Commissioner Kenney requested verification that twenty (20) parking spaces will be
required and that VDOT is on board with this. Mr. Cheran explained the site plan will require all agency
comments to include VDOT as does the CUP.
Commissioner Dunlap asked if the facility will be staff at all times during the twenty-four
(24) hours. Mrs. Frogale, the Co-Applicant came forward and clarified that it will be staffed during the
entire 24 hours.
The Co-Applicant, Mr. Robert Frogale provided an overview of the business. He noted it
was originally opened for their employees; however the intent now is to maintain the gym or lease the
space as a gym. Commissioner Kenney asked if the rest of the building would be used. Mr. Frogale
noted yes; it will be for the expansion of his other business.
Frederick County Planning Commission Page 3439
Minutes of April 19, 2017
Commissioner Unger inquired if all parking spaces will be completed before opening.
Mr. Frogale commented yes, that will be done.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Commissioner Kenney requested clarification that the CUP is only for the 4,000 sq. ft.
Mr. Cheran confirmed that is correct and if the Applicant wishes to expand they must go back through the
CUP process.
Upon motion made by Commissioner Manuel 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)
and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of 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 District.
(Note: Commissioner Thomas was absent from the meeting)
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 District.
Action – Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator, reported this application is for a
indoor commercial recreation/softball training facility and is located at 291 Independence Drive; is zoned
M1 (Light Industrial); and the current land use is Warehouse. Mr. Cheran continued, the Frederick
County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 Zoning District
with an approved CUP (Conditional Use Permit). He 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.
Mr. Cheran 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. Mr. Cheran noted the Applicant has engaged with an adjoining property owner to
execute a shared parking agreement. He continued, this agreement allows for the use of sixteen (16)
parking spaces; this will allow the Applicant to meet the parking requirements. Mr. Cheran 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. He noted this has been reviewed and
it does meet the County’s parking requirements; this agreement will be recorded. Mr. Cheran concluded
it may be considered to allow 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; an additional condition
may be added. Mr. Cheran reported the conditions recommended by Staff for this CUP:
Frederick County Planning Commission Page 3440
Minutes of April 19, 2017
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.
Commissioner Mohn inquired is there public access or a pedestrian walkway between the
two parking locations affected by the parking agreement. Mr. Cheran explained there is not 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.
Commissioner Marston inquired what the distance is between the two
properties/buildings. Mr. Thomas “Eddie” Jeffries, the Applicant noted it is approximately 150 to 200
yards. Mr. Cheran noted there is a site plan in place that identifies the parking.
Commissioner Oates requested clarification that the business is already in operation. Mr.
Cheran explained that is correct and this came to the attention of Staff through a zoning violation.
Commissioner Oates recommended a timeframe be placed on Condition #2 rather than making the
Applicant close completely. Mr. Cheran noted he believes this can be accomplished in a reasonable time.
Commissioner Kenney asked what the hours of operation will be. Mr. Cheran stated
there are no hours placed on the conditions and the Applicant will elaborate.
Commissioner Unger commented he had 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 ver y little traffic on this
strip of road so the impacts from one parking lot to another should be minimal.
Commissioner Kenney inquired will there be any lighting for the pedestrian walkway
between parking lots. Mr. Cheran stated as of now there are no lights, however, this can be considered.
Commissioner Manuel asked if this is a recorded deed of easement and it cannot be
rescinded. Mr. Cheran noted that is correct.
Mr. Jeffries came forward and presented an overview of his business an noted; he wants
to provide a facility for the youth in our area that is comparable to some facilities in Norther 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 he is willing to put lighting where it may be needed.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Commissioner Manuel commented he supports this application and would recommend
building lights be mounted for this operation. Commissioner Mohn 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.
Frederick County Planning Commission Page 3441
Minutes of April 19, 2017
Commissioner Manuel recommended a timeframe of six (6) months be added to
Condition #2 and to have the necessary site improvements completed to include lighting.
Chairman Wilmot asked the Applicant, Mr. Jeffries if he would be in agreeance with the
request. Mr. Jeffries responded he absolutely would agree.
Upon motion made by Commissioner Manual, and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of 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
District.
(Note: Commissioner Thomas was absent from the meeting)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
REZONING APPLICATION #03-17
RUTHERFORD CROSSING
Staff Report for the Planning Commission
Prepared: May 25, 2017
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 06/07/17 Pending
Board of Supervisors: 07/12/17 Pending
PROPOSAL: To rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General
Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with
proffers to the M1 (Light Industrial) District with revised proffers.
LOCATION: The subject property fronts on the southeast side of Market Street and the north side of
Milton Ray Drive within the Rutherford Crossing Development.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/07/17 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1
Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District
with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District
with revised proffers.
The subject property is located within the Sewer and Water Service Area (SWSA) and is located within
the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan
identifies this property with an industrial land use designation which is reflective of the current zoning
of the subject property. Staff would note that the property is adjacent to commercial zoning B2
(General Business) on two sides and residential zoning RP (Residential Performance) on one side.
Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District
could be acceptable. The remainder of the site, which is located the northwestern side of the W&W
Railroad Line, will retain the existing M1 zoning designation.
The property was originally zoned to the M1 District in 2001 and revised in 2004 and 2007. The
proffers associated with this rezoning are constant with the obligations entered into with the original
rezoning. Specifically, the application still accounts for the 1,245,000 sf building cap, the dedication of
Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the
26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant
has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue.
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
Planning Commission.
Rezoning #03-17 Rutherford Crossing
May 25, 2017
Page 2
This report is prepared by the Frederick County Planning Staff to provide information t o 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: 06/07/17 Pending
Board of Supervisors: 07/12/17 Pending
PROPOSAL: To rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General
Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with
proffers to the M1 (Light Industrial) District with revised proffers.
LOCATION: The subject property fronts on the southeast side of Market Street and the north side of
Milton Ray Drive within the Rutherford Crossing Development.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-A-99
PROPERTY ZONING: M1 (Light Industrial)
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M2 (Industrial General) Use: Vacant
RA (Rural Areas) Use: Residential
South: RP (Residential Performance) Use: Residential
B2 (General Business) Commercial
M1 (Light Industrial) Office/Vacant
East: RA (Rural Areas) Use: Residential
M1 (Light Industrial) Office
M2 (Industrial General) Use: Vacant
West: M1 (Light Industrial) Use: Vacant
B2 (General Business) Commercial
Rezoning #03-17 Rutherford Crossing
May 25, 2017
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: A VDOT review has been completed on the Rutherford Crossing
Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is
satisfied with the transportation proffers offered in this rezoning application.
Frederick County Fire Marshall: Plan approved.
Frederick County Sanitation Authority: Please see letter from Eric R. Lawrence, AICP, Executive
Director dated April 5, 2017.
Frederick County Department of Public Works: Upon review of the subject rezoning request, we
offer the following comments:
A comprehensive review of stormwater management, erosion and sediment control, site
grading, etc. will be performed at the time of site plan review.
Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and
submission of any federal, state, or local environmental permits shall be submitted at the time of
land disturbance application.
As part of the original Rutherford Crossing Development, off-site improvements were
performed on the DeHaven property. A review and inspection of the downstream properties
shall be performed by the developer, downstream property owners and Frederick County Staff
to ensure the channel improvements are functioning as designed and constructed. During this
inspection, we want to ensure no erosion and degradation of the channel is occurring. If it’s
determined that impacts are occurring, the channel work shall be performed as part of the new
development. It is possible that additional stormwater management controls on site could be
necessary. The stormwater design requirements shall comply with Frederick County Chapter
143 and VADEQ requirements.
We offer no additional comments. We recommend approval of the subject rezoning.
Frederick County Attorney: The proffer statement dated April 19, 2017 is legally sufficient as a
proffer statement.
City of Winchester: The City of Winchester has no comments as water and sewer is provided by the
F.C.S.A.
Planning & Zoning:
1) Site History
On April 22, 2002 the County approved Rezoning #07-01 which rezoned 113 acres from the RA
(Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M1
(Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP
District to the B2 (General Business) District, rezoned 14.5 acres from the RA District to the B3
(Industrial Transition) District with proffers (including an IA Interstate Area Overlay).
Rezoning #03-17 Rutherford Crossing
May 25, 2017
Page 4
On July 14, 2004 the County approved Rezoning #06-04 which rezoned 13.4 acres from the RA
(Rural Areas) District, the B2 (General Business) District, the B3 (Industrial Transition) District
and the M1 (Light Industrial) District to the B2 and B3 Districts with proffers. This was a
reconfiguration of 12.65 acres that was part of Rezoning #07-01, plus the rezoning of .75
adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward
to Rezoning #06-04.
On January 24, 2007 the County approved Rezoning #17-06 which rezoned a portion of the
property to the B2 District and also updated the proffers for the remainder of the site which
totaled 138.6 acres (minus the FEMA property).
2) Comprehensive Policy Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The subject property is located within the Sewer and Water Service Area (SWSA) and is located
within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The
Comprehensive Plan identifies this property with an industrial land use designation which is
reflective of the current zoning of the subject property. Staff would note that the property is
adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP
(Residential Performance) on one side. Therefore, the request for a portion of the property to be
rezoned to the B2 (General Business) District could be acceptable. The remainder of the site,
which is located on the northwestern side of the W&W Railroad Line, will retain the existing
M1 zoning designation.
Environmental Features
It should be noted that approximately 95% of the property located on the northwestern side of
the W&W Railroad Line (the retained M1 area) is within the Hiatt Run floodplain. A portion of
the subject property proposed to be rezoned to the B2 District also contains floodplain.
Transportation and Site Access
The subject property has frontage on both Milton Ray Drive and Market Street; access will be
determined in the future at the site plan stage.
Rezoning #03-17 Rutherford Crossing
May 25, 2017
Page 5
The proffers associated with this rezoning are consistent with the obligations entered into with
the 2006 proffer statement for this property. Specifically, the proffer statement continues to
dedicate the land area within the property for the 350 foot wide Route 37 corridor and the
interchange ramp access area. The Owners shall prepare and submit the plat for the dedication
within 90 days of request by the County. The proffer statement also continues to require a
Transportation Impact Analysis (TIA) for future site plans that exceed the 26,652 ADT as
calculated for the total acreage of the Rutherford Crossing Development. The Owners have
proffered that the improvements demonstrated by the TIA shall be included in the site plan
design for the development application. All other transportation improvements identified in the
2006 proffer statement have been completed.
3) Proffer Statement – Dated March 7, 2017, Revised April 19, 2017:
A. RZ #17-06 Proffer Statement:
The Owners recognize that parcel 43-A-99 was one of three parcels covered under
Rezoning #17-06. The Owners recognize that the 2006 rezoning established a limit of
1,245,000 square feet of total building structural area and limited the site to three
Interstate Overlay signs. The Owners agree that future development activities within
the property will be subject to these limitations.
Staff Note: The site is currently approved for 430,795 sf of structural area
(includes constructed and approved totals).
B. Transportation Enhancements:
Proffer to dedicate the land area within the property for the 350 foot wide Route 37
corridor and the interchange ramp access area. The Owners shall prepare and submit
the plat for the dedication within 90 days of request by the County.
The Owner proffers to submit a Transportation Impact Analysis (TIA) for future site
plans proposed for the property that exceed 26,652 ADT as calculated for land
developed within the total acreage of Parcels 43-A-98, 43-A-99 and 43-A-100 (as they
existed when approved with Rezoning #17-06). The Owners proffer that the
improvements demonstrated by the TIA shall be included in the site plan design for the
development application.
Staff Note: As outlined in the Applicant’s Impact Analysis, the current project
volume from the site for all constructed and approved development totals
24,095 ADT.
C. Property Development Requirements:
Monetary Contribution of $0.10 per developed primary structural square foot for Fire
and Rescue.
Prohibited Use – Truck Stops (SIC 5541)
Rezoning #03-17 Rutherford Crossing
May 25, 2017
Page 6
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/07/17 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1
Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District
with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District
with revised proffers.
The subject property is located within the Sewer and Water Service Area (SWSA) and is located within
the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan
identifies this property with an industrial land use designation which is reflective of the current zoning
of the subject property. Staff would note that the property is adjacent to commercial zoning B2
(General Business) on two sides and residential zoning RP (Residential Performance) on one side.
Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District
could be acceptable. The remainder of the site, which is located the northwestern side of the W&W
Railroad Line, will retain the existing M1 zoning designation.
The property was originally zoned to the M1 District in 2001 and revised in 2004 and 2007. The
proffers associated with this rezoning are constant with the obligations entered into with the original
rezoning. Specifically, the application still accounts for the 1,245,000 sf building cap, the dedication of
Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the
26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant
has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue.
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
Planning Commission.
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B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
M2 (Industrial General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
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111MERCHANT ST 1840MARTINSBURGPIKE
1854MARTINSBURGPIKE
1864MARTINSBURGPIKE
1912MARTINSBURGPIKE
141NULTON LN 149NULTON LN 163NULTON LN
191MARKET ST
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552WELLTOWN RD 195EBERT RD
560WELLTOWN RD
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222MIRACLEWAY570WELLTOWN RD
586WELLTOWN RD
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Business
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Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Sensitive Natural Areas
Institutional
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
B2 / B3
Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
TO: Frederick County Planning Commission
FROM: John A. Bishop, AICP, Assistant Director - Transportation
RE: Update of the Interstate, Primary, and Secondary Road Plans
DATE: May 30, 2017
This is a public hearing item to consider the update of the 2017 – 2018 Interstate,
Primary, and Secondary Road Improvement Plans.
Summary of Changes:
1. Interstate Road Improvement Plan – Updated Exit 310 from Phase I to Phase II
2. Primary Road Improvement Plan – No Change
3. Secondary Road Improvement Plan
a. Update of rankings and promotion of Old Baltimore Road and Babbs
Mountain Road to scheduled list for non-hard surface roads.
The Transportation Committee reviewed this item on May 22, 2017 and has
recommended approval to the Board of Supervisors. Staff is seeking a recommendation
from the Planning Commission to the Board of Supervisors on the plans.
Attachments
JAB/pd
MEMORANDUM
2017-2018
INTERSTATE ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/22/2017
Frederick County Planning Commission: 6/07/2017
Frederick County Board of Supervisors:
I-81 Improvements:
Provide additional travel lanes on the main line, evaluate collector-distributor lanes
adjacent to the main line, modifications to existing interchange areas, and develop new
interchange areas and bridge crossings of the main line as recommended by the WinFred
MPO Long Range Plan.
In addition, as the State continues to work toward an ultimate plan for the I-81 widening,
the County of Frederick continues to support the study of Eastern Route 37 as a potential
corridor on new location as an alternative for that effort.
Moreover, the County of Frederick supports exploration of the potential for rail
transportation as a component of the Interstate 81 Corridor improvements.
A) Phase 2 of the FHWA approved interchange modification to Exit 310
(as illustrated on map as priority A)
B) Relocate Exit 307 further south to alleviate existing and future congestion on
Route 277. Note: Relocation study is underway.
(as illustrated on map as priority B)
C) Widen I-81 from Fairfax Pike to Route 37 North. This should include the
relocation of the 277 Interchange.
From: Route 277, Exit 307
To: Route 37 North, Exit 310
(as illustrated on map as priority C)
D) Widen Remainder of I-81 in Frederick County
From: West Virginia line
To: Warren County line
(as illustrated on map as priority D)
E) Spot Improvements on I-81 in Frederick County. Provide spot improvements at
various interchanges to increase capacity and/or enhance safety for the motoring
public.
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Winchester
Middletown
StephensCity 2017 - 2018Interstate RoadImprovement Plan
0 2.5 51.25 Miles
Priority A
Priority B
Priority C
Make Safety & Operational Improvements at Exit 310!(
Widen I81 fromRt277 N to Rt37 N
Widen Remainder of I81Priority D
!(Urgent Need for Increased StudyRelocate Exit 307 at RT 277
2017-2018
PRIMARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/22/2017
Frederick County Planning Commission: 6/07/2017
Frederick County Board of Supervisors:
1) Route 37 Bypass
A. Route 37 - Phase 1
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate
I-81 to Front Royal Pike (Route 522 South).
(As illustrated on map as priority 1A)
B. Route 37 - Phase 2
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between existing Route 37 around Stonewall
Industrial Park and Route 7.
(As illustrated on map as priority 1B)
C. Route 37 - Phase 3
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between Route 7 and Route 522.
(As illustrated on map as priority 1C)
2) Route 277 (East of Stephens City)
From: I-81/Route 277/Route 647 Intersection (East of Stephens City)
To: Route 340/Route 522 South Intersection (East of Double Toll Gate)
Improve to a four lane divided roadway with County Staff to work with site developers to
acquire dedicated right-of-way and achieve grading, drainage, and construction
improvements in conjunction with development projects which occur along the corridor
until such time that funding is available for construction.
Establish a construction schedule for the phased improvement of Fairfax Pike (Route
277).
Program funding for the completion of right-of-way acquisition and construction of each
phase as described above.
3) Route 11 (North and South of Winchester)
A) Establish an Urban Divided Four Lane System
From: Southern limits of the City of Winchester
To: 0.4 miles south of intersection of Route 37 South, Exit 310
(As illustrated on map as priority 3A)
B) Establish an Urban Divided Six Lane System
From: Northern limits of the City of Winchester
To: Intersection of Cedar Hill Road
(As illustrated on map as priority 3B)
C) Establish an Urban Divided Four Lane System
From: Intersection of Cedar Hill Road
To: West Virginia line
(As illustrated on map as priority 3C)
4) Route 7 – Establish a 6 Lane Cross Section
From: Exit 315 Interchange
To: Future Route 37 Interchange
(As illustrated on map as priority 4)
5) Route 50 East and West
A) Establish a 6 Lane Cross Section
From: The Interchange at Exit 313
To: The Future Route 37 Interchange
(As illustrated on map as priority 5A)
B) Establish a 6 Lane Cross Section
From: The Interchange with Route 37
To: Poorhouse Road
(As illustrated on map as priority 5B)
6) South Frederick County Parkway
From: Relocated Exit 307
To: Intersection with Route 277 approximately 1 mile west of the intersection of
Route 277 and Route 522
This is a planned new roadway with limited access points serving a mixture of
predominantly commercial and industrial development.
There is a need to study this project in conjunction with the Exit 307 relocation and
planning for Route 277 improvements noted in item 3.
Phasing of this project is not yet clearly defined, however general phasing would be from
West to East with the clear first phase being from relocated Exit 307 to Warrior Drive.
(As illustrated on map as priority 6)
7) Commuter Park and Ride Lots
Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work
with the Northern Shenandoah Valley Regional Commission to determine appropriate
locations for park and ride facilities at other strategic locations within the County’s Urban
Development Area. For Park and Ride locations in Frederick County the primary goal
should be that they are situated in such a manner that they reduce traffic in Frederick
County in addition to adjacent localities.
(As illustrated on map as priority 7)
1A
2
3C
3A
1B
1B
1C
2
3B
5A
5B
4
6
Winchester
Stephens City
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2017 - 2018Primary RoadImprovementPlan
0 1 20.5 Miles
Rt37 By pass Phases
Priority 1A
Priority 1B
Priority 1C
Rt277 East of StephensCity
Priority 2
Rt11 North & South
Priority 3A
Priority 3B
Priority 3C
Rt7
Priority 4
Rt50
Priority 5A
Priority 5B
South Frederick County Parkway
Priority 6
Commuter - Park & Ride Lots
!(Priority 7
3B
2017/18-2022/23
SECONDARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/22/2017
Frederick County Planning Commission: 6/07/2017
Frederick County Board of Supervisors:
MAJOR ROAD IMPROVEMENT PROJECTS
2017/2018 through 2022/2023
Major road improvement projects command the reconstruction of hardsurfaced roads to
enhance public safety. Improvements required for road width, road alignment, road strength,
and road gradient are considered major road improvements projects.
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C O M M E N T S
1)
655
Sulphur Springs
Road
Route 50
.30 Mi East
Rt. 656
6000
1.1 miles
SH
$7,505,445
After
2022
$5,798,052
Allocated SSYP
Smart-Scale
2)
661
Red Bud Road
.47 Mi
South
Route 11
Int.
Snowden
Bridge
Blvd.
1300
0.5 miles
ST
$2,000,000
After
2022
Partial
Funded
Relocation
3)
672
Brucetown Road
Route 11
.35 Mi East
3200
0.35 miles
ST
$1,500,000
Significantly
Variable
UN/SH
Partial
Funded
$100,000
Thru Plan
4)
788
East Tevis Street
Route 522
W inchester
City Limit
N/A
0.44 miles
SH
$10,414,000
Revenue
Sharing
UN/SH
Applied for
R/S Funds
5)
788
East Tevis Street
Route 522
I-81
N/A
0.40 miles
SH
$1,400,000
Revenue
Sharing
UN/SH
Cover Overall
Project Needs
6)
11
Martinsburg Pike
Under 81
Overpass
Exit 317
16000
0.20 miles
ST
$3,346,924
Revenue
Sharing
UN/SH
LF Turn Lns
SBound @
I-81 Overpass
$1.9 M
Smart Scale
7)
723
Carpers Valley Road
At Clarke
County line
1100
N/A
SH
$1,262,327
2017
Federal
Bridge
Replacement
Funding
8)
788
Renaissance
.24 Mi
West
Route 11
Int. Shady
Elm Road
N/A
.18 miles
BC
$1,635,658
UN/SH
R/S &
TPOF
Funds
9)
659
Valley Mill Road
.5 Mi East
Of
Channing
Dr.
Rt. 7
N/A
.65 miles
RB
$7,200,000
UN/SH
R/S Funds
Under Funded
$5.2M
10)
645
Airport Road
Extension
Int
Route 522
Int East
Tevis
Road
N/A
.4 Miles
SH
$5,600,000
UN/SH
R/S
Funds
11)
1012
Town Run Lane
280 Ft. S.
Stickley Drive
Int.
210 Ft. N.
Stickley
Drive
Int.
N/A .1 Miles $150,000 UN/SH
Funded
$150,000 Thru
Plan
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Winche ster
Stephens City
Frederick CountyMajor RoadImprovement Projects2017/2018 thru 2022/2023
0 1 20.5 Milesµ
1
2
3
4 5
6
78
9
10
11
1. Sulphur Springs Rd2. Redbud Rd3. Brucetown Rd4. East Tevis Street
6. Martinsburg Pike
7. Carpers Valley Rd
8. Renaissance Dr
9. Valley Mill Rd
5. East Tevis Street
10. Airport Rd Extension
11. Town Run Ln
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2017/2018 through 2022/2023
Non-Hardsurface road improvement projects provide impervious resurfacing and reconstruction
of non-hardsurfaced secondary roads. Non-Hardsurface improvement projects are prioritized by
an objective rating system, which considers average daily traffic volumes; occupied st ructures;
physical road conditions including geometrics, drainage, and accident reports; school bus
routing; and the time that project requests have been on the Secondary Road Improvement
Plan.
RA
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NA
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629
Carter Lane
Route 631
Route 625
220
1.8 miles
BC
$549,000
2020 CTB Unpaved
Roads Funding
692
Pack Horse Road
1.2 Mi NE
of Rt. 600
Route 671
210
1.4 miles
GA
$427,000
2021
CTB Unpaved
Roads Funding
629
Laurel Grove Road
Route 622
1.25 Mi W
of
Rt. 622
200
1.25 miles
BC
$376,000
2022 CTB Unpaved
Roads Funding
629
Laurel Grove Road
1.25 Mi W
of
Rt. 622
2.5 Mi W of
Rt. 622
200
1.25 miles
BC
$376,000
2021 CTB Unpaved
Roads Funding
707
Hollow Road
WV state
line
Rt. 610
Muse Road
190
1.8 miles GA
$495,000 2021 CTB Unpaved
Roads Funding
734
North Sleepy Creek Road 1.27 MI S of
RT 522
2.27 MI S
of RT 522
50
0.9 miles
GA
$305,000
2021 District Grant
Unpaved Road
730
Babbs Mountain Road Route 654 Route 677
130
0.9 miles
GA
$275,000
2022 District Grant
Unpaved Road
677
Old Baltimore Road Route 676 Route 672
90
1.23 miles
GA
$366,000
2023 District Grant
Unpaved Road
*NOTE: Projects are placed on the scheduled list based upon VDOT revenue projections. Changes to those projections can lead to
projects being delayed or removed from the scheduled list.
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Winche ster
Stephens City
Middletown
Frederick CountyNon-Hardsurfaced RoadImprovement Projects2017/2018 thru 2022/2023
µ
0 4 82 Mil es
1. Carters Ln
2. Pack Horse Rd
3. Laurel Grove Rd
4. Laurel Grove Rd
5. Hollow Rd
6. North Sleepy Creek Rd
7. Babbs M ountain Rd
8. Old Baltimore R d
2
5
4
3 1
8
7
6
UNSCHEDULED
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
RATINGS NOT UPDATED
2017/2018 through 2022/2023
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1 Middle Fork Rd 695 *522 WV Line 50 0.9 GA 68.33
2 Timberlakes Ln 811 671 *671 280 0.25 ST 68.00
3 East Parkins Mill Rd 644 50 Clark Line 200 0.81 SH 66.79
4 Fletcher Rd 733 50 707 170 1.3 GA 66.65
5 Fishel Rd 612 600 600 60 1.6 BC 66.56
6 Canterburg Rd 636 640 641 140 1.5 OP 63.17
7 Clark Rd 638 625 759 70 0.8 BC 62.94
8 Heishman Rd 607 600 600 70 0.78 BC 62.37
9 Glaize Orchard Rd 682 608 654 240 1.54 GA 61.22
10 Sir John's Road 667 672 Last Residence 290 2.37 ST 60.44
11 South Timber Ridge 696 522 694 220 1.3 GA 58.58
12 Cougill Rd 634 635 11 120 0.25 BC 58.00
13 Huttle Rd 636 709 735 110 1.1 OP 53.05
14 Light Rd 685 600 681 80 1.3 BC 51.46
15 McDonald Rd 616 608 .44 N. of 608 60 0.45 BC 51.33
16 Cattail Rd 731 608 654 60 1.7 GA 51.24
17 Hunting Ridge Rd 608 682 681 90 2.44 GA 51.01
18 Mount Olive Road 615 50 Hammack Lane 110 0.37 BC 49.00
19 Shockeysville Road 671 690 .90 miles west of 690 120 0.9 GA 46.67
20 Mount Olive Road 615 Hammack Lane 600 110 0.4 BC 38
Note: Project ratings are updated only when funding is available to promote projects to the scheduled
list.
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BACK CREEK
GAINESB ORO
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REDBUDWinchester
Stephens City
Middletown
Frederick CountyUnscheduledNon-Hardsurfaced RoadImprovement ProjectsRatings Not Updated2017/2018 thru 2022/2023
µ
0 4 82 Miles
1. Middle F ork R d
2. Timberlakes Ln
3. East Parkins Mill Rd
4. Fletcher R d
5. Fishel R d
6. Canterburg Rd
7. Clark R d
8. Heishman Ln
9. Glaize Orchard Rd
10. Sir John's R d
11. South Timber R idge R d
12. C ougill R d
13. H uttle R d
14. Light Rd
15. McDonald R d
16. C attail Rd
17. H unting Ridge Rd
18. Mount Olive R d
19. Shockeysville Rd
20. Mount Olive R d
D
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
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 30, 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 DRRC discussed this proposed amendment at their January 2017 meeting. The DRRC
agreed with the proposed change, and further recommended it also be allowed in the RA Zoning
District through a conditional use. This item was discussed by the Planning Commission on
March 15, 2017. The Board of Supervisors discussed this item at their April 12, 2017 and the
Board of Supervisors requested additional supplemental use regulations be included, such as
restricting the use from residential subdivisions and neighborhoods in the RP Zoning District,
requiring the primary use be medical office, and requiring frontage on collector or arterial
roadways. The Board of Supervisors discussed this item again at their May 10, 2017 meeting
and was supportive of the proposed amendment.
The attached document shows the existing ordinance with the proposed change supported by the
DRRC (with bold italic for text added). This proposed amendment is being presented to the
Planning Commission as a public hearing item. Staff is seeking a recommendation from
the Planning Commission. The recommendation from the Planning Commission will be
forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. SIC Manuel – 801, 802, 803, and 804
MTK/pd
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 if a conditional use permit has been
granted for the use:
NN. Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802,
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 assisted living care facilities.
B. Cottage occupations, as defined.
C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with
an approved site plan, meeting the requirements of this chapter and with the following conditions:
(1) All principal activities shall take place entirely within an enclosed structure.
(2) All outdoor facilities shall be incidental to the principal facility or activity.
(3) No facility or activity shall be erected or conducted less than 30 feet from any residential district
or area within other districts which are predominantly residential in nature.
D. Day-care facilities.
E. Rooming houses, boardinghouses and tourist homes.
F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for
nonmedical purposes.
G. Museums
F. Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803,
and 804).
Attachment 1
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.
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 arterial roadway;
C. The primary use of the structure shall be the doctor’s office;
D. The use shall not be located within a residential development/subdivision; and
E. Buffers and screening (including distance, opaque elements, and landscaping) shall be
determined by the Zoning Administrator.
A
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E
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Increase in the Permitted Number of Employees for
Cottage Occupations
DATE: May 30, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance to increase the permitted
number of employee’s for cottage occupation uses. A cottage occupation is a profession carried
on in a residential dwelling unit or accessory building. Currently only one person, other than
members of the family residing on the premise, are permitted. Staff has drafted a revision to the
Zoning Ordinance to allow up to two (2) persons, other than those residing on the premise, as
employees to the cottage occupation.
This item was proposed by a DRRC committee member at the December 2016. The DRRC
agreed with the proposed change, and the item was forwarded to the Planning Commission for
discussion. The attached document shows the existing ordinance with the proposed change
supported by the DRRC (with bold italic for text added). This item is presented for discussion.
Comments and suggestions from the Planning Commission will be forwarded to the Board of
Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
Article I
General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§ 165-101.02. Definitions and word usage.
Cottage Occupation (definition)
An occupation or profession customarily carried on in a dwelling unit or an accessory building
which:
A. Actually is carried on wholly within the principle residential building or an accessory building
or structure;
B. Is carried on by no more than one two persons 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.
F
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Residential Separation Buffer Waiver
DATE: May 30, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance to allow a waiver, reduction
or modification to the requirement for residential separation buffer requirements in the RP
(Residential Performance) Zoning District. Currently, residential separation buffers are required
to adequately buffer different housing types from dissimilar housing types within adjacent
separate developments.
Staff has drafted a revision to the Zoning Ordinance to allow the Zoning Administrator to
administratively reduce and/or modify the residential separation buffer required between
different housing types, provided certain conditions are met. The proposed amendment includes
a requirement for an existing buffer to meet the current Zoning Ordinance requirements for
adjacent property.
This item was proposed through a request from a land developer and discussed by the DRRC at
their April 27, 2017 and May 25, 2017 regular meetings. The DRRC agreed with the proposed
changes, and the item was forwarded to the Planning Commission for discussion. The attached
document shows the existing ordinance with the proposed change supported by the DRRC (with
bold italic for text added). This item is presented for discussion. Comments and suggestions
from the Planning Commission will be forwarded to the Board of Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES
Part 203. Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
C. Residential separation buffers. Residential separation buffers shall be established to adequately
buffer different housing types from dissimilar housing types within adjacent separate developments.
The requirements for residential separation buffers are as follows:
(8) When an adjacent development has already installed a residential separation buffer, the Zoning
Administrator may reduce and/or modify a required residential separation buffer upon showing that
the installed buffer on the adjacent property meets or exceeds all elements of a full screen buffer
(landscaping and distance) and that reducing or modifying the buffer will not negatively impact the
adjacent property. A waiver may be requested as part of a Master Development Plan (MDP).
G
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Slaughterhouses as CUP in RA (Rural Areas) Zoning
District
DATE: May 30, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance to allow slaughterhouses in
the RA (Rural Areas) Zoning District. Currently, manufacturing of “meat products” is only
allowed in the M2 (Industrial General) Zoning District by right.
Staff has drafted a revision to the Zoning Ordinance to include a new definition for
slaughterhouses and provides additional supplemental use regulations. Staff proposes inclusions
of this use as a conditional use requiring a conditional use permit (CUP) in the RA Zoning
District. The inclusion of this use seeks to expand and clarify opportunities for agribusiness in
the County’s rural areas and is supported by the 2035 Comprehensive Plan Rural Areas and
Agribusiness Development sections.
This item was proposed to staff by a business owner and current slaughterhouse operator seeking
to expand and/or relocate their nonconforming use. This item was discussed by the DRRC at
their April 27, 2017 regular meeting, and the DRRC agreed with the proposed ordinance
amendment. The item was forwarded to the Planning Commission for discussion. The attached
document shows the existing ordinance with the proposed change supported by the DRRC (with
bold italic for text added). This item is presented for discussion. Comments and suggestions
from the Planning Commission will be forwarded to the Board of Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
ATTACHMENT 1
Article I
General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§ 165-101.02. Definitions and Word Usage.
SLAUGHTERHOUSES. Establishments primarily engaged in the slaughtering, or processing of meats for
human consumption or other related products.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.17 Slaughterhouses and rendering plants.
A. It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where
animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed,
unless such place or establishment is maintained and operated in a clean and sanitary manner at all
times.
B. Such establishments shall be so constructed and maintained as to effectively control the entrance of
insects and rodents. The doors, windows and other openings thereof shall be fitted with screen doors
and wire window screens of not coarser than fourteen-gauge mesh.
C. The word "slaughterhouse," as used in this section, shall not be construed to prohibit persons who
are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.
D. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet
from all property lines.
E. Total building(s) square footage should not exceed 20,000 square feet (SF).
F. All operations must be under roof and screened from view from adjoining properties and public
streets.
G. Additional buffering and screening may be required as specified the Zoning Administrator.
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 if a conditional use permit has been
granted for the use:
A. Bed and Breakfasts, Farm Stay
B. Country clubs, with or without banquet facilities.
C. Manufacture or sale of feed and other farm supplies and equipment.
D. Fruit packing plants.
E. Off-premise farm markets.
F. Off-premises wayside stands.
G. Country general stores.
H. Service stations.
I. Antique shops.
J. Restaurants.
K. Kennels.
L. Petting farms.
M. Television or radio stations.
N. Motels.
O. Auction houses.
P. Campgrounds, tourist camps, recreation areas and resorts.
Q. Commercial outdoor recreation, athletic or park facilities.
R. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
S. Sawmills and plaining mills, Type B.
T. Ambulance services.
U. Retailing or wholesaling of nursery stock and related products.
V. Landscape contracting businesses.
W. Public garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. This fence or screen shall be
adequately maintained.
X. Public garages with body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. This fence or screen shall be
adequately maintained.
Y. Sand, shale and clay mining, provided that the following conditions are met:
(1) All mining shall be above the mean, existing grade level of a parcel of land.
(2) All mining operations shall meet all applicable requirements of state and federal agencies.
(3) Such mining operations shall meet the landscaping and screening requirements, supplementary
regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
Z. Cottage occupations (as defined).
AA. Cottage occupation signs.
BB. Veterinary office, clinic or hospital, including livestock services.
CC. Day-care facilities.
DD. Humanitarian aid organizational office.
EE. Schools (with residential component).
FF. Fruit and vegetable stands (SIC 5431).
GG. Blacksmith shops (SIC 7699).
HH. Farriers (SIC 7699).
II. Horseshoeing (SIC 7699).
JJ. Taxidermists (SIC 7699).
KK. Welding Repair (SIC 7692).
LL. Flea Markets, Operated Indoors or Outdoors.
MM. Treatment Home.
NN. Special event facility.
OO. Commercial shooting and archery ranges (indoor or outdoor).
PP. Ice cream parlor or bakery.
QQ. Craft and gift shops.
RR. Slaughterhouses.