PC 03-15-17 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 15, 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) February 15, 2017 Meeting Minutes ............................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter-Lewis, P.L.C., to revise
proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which
currently prohibits fast food restaurants with drive through service windows. The properties
are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer
Avenue). The properties are identified with Property Identification Numbers 64A-4-16A,
64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19 and 64A-4-20, in the Shawnee Magisterial
District.
Mrs. Perkins ..................................................................................................................... (B)
6) Conditional Use Permit #02-17 for Salvatore Carrano, which submitted for a rooming
house (AirBnB). The property is located at 132 Seabreeze Lane, Winchester and is
identified with Property Identification Number 54I-7-1-90 in the Shawnee Magisterial
District.
Mr. Klein .......................................................................................................................... (C)
INFORMATION/DISCUSSION ITEMS
7) Medical Office in the RP (Residential Performance) District and RA (Rural Areas)
District as a Conditional Use – Discussion on revisions to the Frederick County Zoning
Ordinance to allow Medical Office in the RP and RA Districts.
Mr. Klein .......................................................................................................................... (D)
-2-
8) Permitted and Conditional Uses in the RA (Rural Areas) District – Discussion on
revisions to the Frederick County Zoning Ordinance on permitted and conditional uses,
supplemental regulations and definitions of new uses in the RA Zoning District.
Mr. Klein .......................................................................................................................... (E)
9) Front Setbacks on Private Right-of-Ways – Discussion on revisions to the Frederick
County Zoning Ordinance on the reduction of the required setback for accessory
structures on private right-of-ways.
Mr. Klein .......................................................................................................................... (F)
Other
Adjourn
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
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Minutes of February 15, 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 February 15, 2017
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin
Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County
Attorney.
ABSENT: Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler
Klein, Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the February 15, 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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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the December 7, 2016 meeting.
Frederick County Planning Commission Page 3408
Minutes of February 15, 2017
COMMITTEE REPORTS
Frederick County Sanitation Authority (FCSA) – Mtg. 01/17/17
Commissioner Unger reported the FCSA Board reviewed and discussed the draft
FY2018-27 Capital Improvement Plan, he noted the 10 year plan has a project total of approximately $71
million. Commissioner Unger explained the two projects of most significance are: re-located Anderson
Water Treatment Plant, which will enable FCSA to more economically produce more than 10 million
gallons of drinking water every day and the relocated plant will save FCSA customers over $1 million
dollars annually by no longer requiring payments to Carmeuse for the purchase of water from quarries;
Opequon Water Supply Plan, which will enable FCSA to draw up to 8 million gallons a day from the
Opequon Creek. Commissioner Unger reported the operations report for December 2016: total customer
base water 15,151; total customer base sanitary 14,659; rainfall 1.69” and the 12 month average is 3.05”;
water production Diehl Plant 1.659 MGD; water production Anderson Plant 1.480 MGD; water purchases
from City of Winchester 2.021 MGD.
Transportation Committee – Mtg. 01/23/17
Commissioner Unger reported the committee held a lengthy discussion with Warren
County in regards to taking tractor trailer trucks off of Reliance Road from Middletown to Route 522. He
noted Frederick County plans to join Warren County to prohibit this due to the narrow road in certain
areas.
Development Review and Regulations Committee (DRRC) – Mtg. 01/20/17
Commissioner Unger reported the committee elected Chairman and Vice-Chairman;
Commissioner Unger will serve as Chairman and Keven Kenney will serve as Vice -Chairman. He
continued a discussion was held on a request to include chiropractors as a conditional use in the RP
District. He concluded also discussed was the potential additional permitted and conditional uses in the
RA district.
Board of Supervisors Report – Mtg. 01/11/17
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved the
following items sent forth by the Planning Commission: Ordinance Amendment for Right -of-Way
Widths for Family Lot Subdivisions; Ordinance Amendment for Discontinuance of Nonconforming Uses;
Ordinance Amendment for the Removal of Motorcycle Repair in the B2 District; Ordinance Amendment
for Indoor Recreation in the M1 and OM District; Ordinance Amendment for the Minor Site Plan
Threshold. Supervisor Dunn noted the Board also reviewed the 2035 Comprehensive Plan.
Citizen Appointments
Chairman Wilmot appointed the following citizens for two committees. Appointed to the
Comprehensive Plans and Programs Committee (CPPC) are: Jim Golladay; Kay Dawson to Red Bud;
Tony Morelli to Opequon. Appointed to the Development Review and Regulations Committee (DRRC)
are: Jay Banks, Back Creek; Tim Stowe, Back Creek; Dwight Shenk, Gainesboro; Whit Wagner,
Stonewall.
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Minutes of February 15, 2017
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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PUBLIC HEARING
Rezoning #02-17 for Express oil Change & Tire Engineers, submitted by Greenway Engineering,
Inc., to rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The property is located on the west side of Front Royal Pike
(Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of
the Intestate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property
Identification Number 64-A-1F.
Action – Recommend Approval
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
Assistant Director, Candice E. Perkins reported this is an application to rezone 0.604
acres from the B2 (General Business) District to the B3 (Industrial Transition) District with prof fers. She
noted the Applicant is seeking to rezone the site to the B3 District to enable the construction of an express
oil and tire facility. Ms. Perkins presented a locations map of the property which is located on the west
side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately
1,000’ south of the Interstate 81 Exit 313. Ms. Perkins continued the property is located within the Sewer
and Water Service Area (SWSA) and the 2035 Comprehensive Plan identifies this property to be
developed with commercial land uses. She noted the existing B2 as well as the requested B3 Districts
both conform to this designation. Staff concluded with this rezoning the Applicant has proffered:
To exclude certain uses in the proffer statement (such as landscape services,
warehousing, utility facilities, and trailer parking).
Limit new commercial entrance access to the property to a right in/right out only
partial access.
Inter parcel connectivity between the property and parcel 64-A-2 (IHOP) to
facilitate access to the Front Royal Pike (Route 522)/ Travel Lodge Drive
signalized entrance.
Provide a monetary contribution of $.10 per developed square foot for Frederick
County Fire and Rescue Services.
Commissioner Oates asked in regards to the proffer to exclude certain uses such as
landscaping or transit services; is that something Staff requested the Applicant remove. Ms. Perkins
noted it was not requested by Staff and it was something the Applicant provided.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted a group
that has traveled from Alabama to attend tonight’s meeting: From Express Oil Change, John Davis; the
contract purchasers, Charles Thompson and Kim Johnson. Mr. Wyatt reported Express Oil Change
reflects a business model of the 10 minute oil change; they also do light auto service such as tires,
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Minutes of February 15, 2017
alignments, and tune-ups. He noted this project will be the first Express Oil Change in the valley along
the I-81 corridor, the fifth in the state of Virginia and he is pleased the group has considered our
community as a first stop on the I-81 corridor. Mr. Wyatt elaborated on the proffer of inter parcel
connectivity; the Applicant has an agreement with IHOP and the property owners which is cir culating for
all required signatures that will facilitate access to Front Royal Pike via the signalized entrance that is
existing.
Commissioner Ambrogi inquired will most of the operations be completed indoors. Mr.
Wyatt confirmed that is correct. Commissioner Kenney inquired if there will be a traffic barrier in front
of this location similar to the one in front of Costco. Mr. Wyatt confirmed there will be a barrier which
will be designed then must meet the requirements and approval of VDOT.
Commissioner Thomas asked for clarification if there will be 3 oil change bays and 2
service bays because in the proffers it reads 3 oil bays and 3 service bays and will the structure be the
same square footage. Mr. Wyatt noted the building footprint had to be reduced therefore resulting in 5
bays total rather than 6.
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.
Upon motion made by Commissioner Ambrogi, and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #02-17 for Express oil Change & Tire Engineers, submitted by Greenway
Engineering, Inc., to rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial
Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route
522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Intestate 81
Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A-
1F.
(Note: Commissioner Mohn and Commissioner Dunlap were absent from the meeting)
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ACTION ITEM
Rezoning #01-17 DMJ Holding L.L.C. submitted by Painter-Lewis, P.L.C., to revise proffers
associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer
which currently prohibits fast food restaurants with drive through service windows. If approved
the site would permit the construction of fast food restaurants with drive through service windows
if all other requirements are met. All other proffers remain the same. The properties are located at
the northwest corner of the District, and are identified by Property Identification Numbers 54A -4-
16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20.
Action – Postponement
Assistant Director, Candice E. Perkins reported this is an application to revise proffers
associated with Rezoning #05-09. She continued this minor proffer amendment proposed to remove a
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Minutes of February 15, 2017
proffer which currently prohibits fast food restaurants with drive through service windows. Ms. Perkins
explained if this application is approved, the site would permit the construction of a fast food restaurant
with a drive through service window if all other requirements are met. Ms. Perkins noted all other
proffers will remain the same as in Rezoning #05-09. Ms. Perkins provided a location map of the
property which is located at the northwest corner of the intersection of Route 50 and Route 781 (Custer
Avenue). She continued the potential impacts associated with this rezoning were revi ewed by Staff and
noted the approved proffer currently limits any future use(s) to those that will not generate in excess of
200 vehicle trips per hour during any day. Ms. Perkins noted this proffer remains unchanged from the
2009 approval. Ms. Perkins concluded if a fast food restaurant with a drive through service window is
constructed on the parcel it would max out the hourly cap of the uses therefore the remainder of the
property has the potential to remain undeveloped without a future rezoning.
Commissioner Oates commented he does not agree this revision is minor and feels this
should go to Public Hearing and allow the neighbors to have a voice, considering the traffic, noise, odors,
that a fast food restaurant would create. He inquired if the increase in traffic is the only parameter looked
at by Staff. Ms. Perkins explained when reviewing the allowance that is built into the zoning ordinance
per the State Code, this met those allowances to be considered a minor proffer amendment. She
continued the previous rezoning did not have any limitations on the hours of operation and it already
allowed for a fast food restaurant; the only addition is the allowance for a drive through and it did not
increase the maximum cap on the traffic, it still fell under the minor proffer amendment standards.
Commissioner Thomas, Commissioner Unger, and Commissioner Kenney inquired how
the 200 trips per hour would be monitored. Ms. Perkins explained this would be done through the site
plan process and based on the trip generation manual; the use the Applicant is proposing along with the
building square footage would have to equate to no more than 200 vehicle trips. Ms. Perkins noted the
only enforcement would be prior to the final approval and based on the square footage and what it would
generate based on the manuals. Ms. Perkins noted the potential would still exist under the previous
rezoning because multiple buildings could have been constructed and still would have equated to the
certain number of trips per day based on the manual. Commissioner Thomas commented if adding the
drive through component will there be some type of protection for the neighbors from traffic headlights.
Ms. Perkins noted under the site plan, landscaping would have to a 36 inch evergreen hedge screening for
anything that would generate impacts to lighting.
John Lewis of Painter-Lewis P.L.C. representing the Applicant came forward. Mr. Lewis
presented a brief overview; since 2009 the original rezoning in which the use of a fast food re staurant
with drive through service was proffered out, the only interest brought forward to the owners have been
for a fast food restaurant. He continued when originally rezoned there were concerns from neighbors
about a fast food restaurant at which time the owner decided to remove that option. Mr. Lewis explained
regarding the trip limitations in the 2009 rezoning there was a 200 peak hour trip limit also, and at that
time there was no concern raised on enforcement of this. He noted the reason for this rezoning is there
has not been any interest in the parcel other than a fast food restaurant. Mr. Lewis continued, they met
with the HOA in 2009 and that is how the original proffers were crafted; this time they have tried to
contact the HOA and have not heard from anyone, then letters were sent to seven adjoining neighbors and
they received a response from one. A final point made by Mr. Lewis is the current zoning ordinance has
design standards all of which still apply to this rezoning.
Commissioner Unger commented he agrees it will be highly unlikely a fast food
restaurant would exceed the 200 trip limit in this area. Commissioner Thomas commented he finds it
concerning that in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant
with a drive through and now without giving anyone the opportunity to comment we would remove this
Frederick County Planning Commission Page 3412
Minutes of February 15, 2017
proffer to allow the drive through. Commissioner Oates reiterated that he would be comfortable if this
item were brought back before the Planning Commission as a Public Hearing.
Upon motion made by Commissioner Thomas, and seconded by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement and a Public Hearing be held for Rezoning #01-17 DMJ Holding L.L.C. submitted by
Painter-Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This minor proffer
amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive
through service windows. If approved the site would permit the construction of fast food restaurants with
drive through service windows if all other requirements are met. All other proffers remain the same. The
properties are located at the northwest corner of the District, and are identified by Property Identification
Numbers 54A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20.
(Note: Commissioner Mohn and Commissioner Dunlap were absent from the meeting)
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INFORMATION/DISCUSSION ITEMS
Master Development Plan #01-17 for Freedom Manor submitted by Pennoni Associates Inc. on
behalf of Freedom Manor, L.L.C. This application seeks to develop 47.54 acres of land zoned RP
(Residential Performance) with 90 units single family detached and 100 units single family
attached. The subject properties are located east and adjacent to Papermill Road (Route 644) and
approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike
(Route 522) and Papermill Road (Route 644) in the Shawnee Magisterial District, and are identified
by Property Identification Numbers 64-A-19, 64-A-20, and 64-A-23.
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
Planner, M. Tyler Klein reported this proposal to develop 47 acres of land zoned RP
(Residential Performance) District with 90 single-family detached (SFD) clustered units and 100
townhouse units (total density of 5.47 units/acre). He continued the properties are located east and are
adjacent to Papermill Road and approximately 2,300 feet north/west of the existing signalized intersection
of Front Royal Pike and Papermill Road. Mr. Klein explained the properties were rezoned in 2015 with
the approval of Rezoning #11-15; this application was approved for the rezoning of 33.6819 acres from
the RP (Residential Performance) District and 13.8596 from the RA (Rural Areas) District to the RP
(Residential Performance) District with proffers. He noted that application enabled the construction of up
to 300 residential units. Mr. Klein continued, access to the development will be provided via a roundabout
intersection with Papermill Road, and access through inter parcel connections to the northwest through
the Madison Village development. He noted the transportation network also includes a 10’ pedestrian
trail along Papermill Road, internal public roads with sidewalks, and a trail that runs the length of the
common boundary with the Shenandoah Memorial Park.
Mr. Klein concluded the Master Development Plan for Freedom Manor appears to be
consistent with the requirements of the Zoning Ordinance, and this MDP is in a form that is
administratively approvable.
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Minutes of February 15, 2017
Master Development Plan #03-17 for Southern Hills Phase II submitted by Greenway Engineering,
Inc., on behalf of Arcadia Communities, L.L.C. This application seeks to develop 40.36 acres of
land zoned RP (Residential Performance) and B2 (General Business) with up to 130 units single
family detached cluster and right-of-way reserve area. The subject properties is located south of
Stephens City, east side of Town Run Lane (Route 1012) in the Opequon Magisterial District, and is
identified by Property Identification Number 85D-1-1-95.
Planner, M. Tyler Klein reported this proposal is to develop 37.79 acres of land zoned RP
(Residential Performance) District with 130 single-family detached units. He continued this MDP also
included 2.56 acres of land zoned B2 (General Business) District of right -of-way reservation for a future
major collector road (Southern Warrior Drive Extension). Mr. Klein noted the site is located east of
Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route
277) and Town Run Lane.
Mr. Klein explained the property was rezoned in 2016 with the approval of Rezoning
#11-16), Southern Hills Phase II; this application revised the proffers for Rezoning #16 -06 to allow for
the construction of up to 130 single-family detached units and this proffer amendment changed the
housing type mix to include only single-family detached units and decrease the total units by 102. Mr.
Klein continued the South Frederick Area Plan of the Comprehensive Plan identifies this property with
residential and commercial land use designations and the current RP (Residential Performance) and B2
(General Business) Districts zoning designations are supported by the Comprehensive Plan.
Mr. Klein reported access to the site will be provided via an access drive from Town Run
Lane, and will connect Southern Hills Phase I to the south via Westchester Drive. Mr. Klein continued,
sidewalks will be included on either side of the internal streets for pedestrian connectivity within the
development, and a 10’ trail along Town Run Lane and preservation of the Ewing Family Cemetery in the
southeast corner of the property. He noted the right-of-way for the new arterial (the future Southern
Warrior Drive Extension) is reserved as shown on the MDP and the B2 portion. Mr. Klein concluded the
Master Development Plan for Southern Hills Phase II appears to be consistent with the requirements of
the Zoning Ordinance, and this MDP is in a form that is administratively approvable.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant added clarification
that the right-of-way dedication for future Southern Warrior Drive extended has previously been
recorded.
Annual Report
Director, Michael T. Ruddy presented an overview of the key facts and figures contained
within the annual report. He noted the Annual Report for 2016 will be forwarded to the Board of
Supervisors and available to Planning Commissioners following the meeting.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
REZONING APPLICATION #01-17
DMJ HOLDING, L.L.C.
Staff Report for the Planning Commission
Prepared: March 6, 2017
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 02/15/17 Application sent to Public Hearing
03/15/17 Pending
Board of Supervisors: 04/12/17 Pending
PROPOSAL: To revise proffers associated with Rezoning #05-09. This proffer amendment proposes
to remove a proffer which currently prohibits fast food restaurants with drive through service windows.
If approved, the site would permit the construction of fast food restaurants with drive through service
windows if all other requirements are met. All other proffers remain the same.
LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and
Route 781 (Custer Avenue).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING
COMMISSION MEETING:
This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This proffer
amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through
service windows. If approved, the site would permit the construction of fast food restaurants with drive
through service windows if all other requirements and conditions are met.
The properties are located within the UDA and SWSA and are designated as an area of commercial land
use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered
by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a
commercial designation with a transition back into the surrounding residential land uses.
Staff would note that the approved proffer currently limits any future use(s) to those that will not
generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from
the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the
hourly trip cap which would leave the remainder of the property undevelopable. The Planning
Commission discussed this application at their meeting on February 15, 2017; the Commission voted to
reschedule the application and hold a public hearing.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
Rezoning # 01-17 DMJ Holdings, LLC
March 6, 2017
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 02/15/17 Application sent to Public Hearing
03/15/17 Pending
Board of Supervisors: 04/12/17 Pending
PROPOSAL: To revise proffers associated with Rezoning #05-09. This proffer amendment proposes
to remove a proffer which currently prohibits fast food restaurants with drive through service windows.
If approved, the site would permit the construction of fast food restaurants with drive through service
windows if all other requirements are met. All other proffers remain the same.
LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and
Route 781 (Custer Avenue).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20
PROPERTY ZONING: B2 (General Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: B2 (General Business) Use: Commercial Car Lot
East: B2 (General Business) Use: Vacant
West: RP (Residential Performance) Use: Residential
Rezoning # 01-17 DMJ Holdings, LLC
March 6, 2017
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REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings,
LLC Rezoning and Proffer Amendment and offer the following recommendations:
The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016
generally utilized the previously approved proffers with minor edits to permit fast food restaurants with
drive through use on the property. The transportation improvements proffers as developed from the
recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer #2
“Limitation of Future Development”, which is unchanged from the originally approved proffers, set a
property development cap of 200 site generated trips per hour during any hour of the day (based on ITE
trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet
gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers
are currently written, if the proposed fast food land use is developed, the remainder of the property will
be undevelopable in the future. Please advise.
Should the Applicant choose to revise the proffers to permit additional development of the property,
given the age of the original TIA and change in development intensity, VDOT Staunton District
Planning recommends the preparation of an updated TIA to support the proffer amendment.
During the June 28, meeting between VDOT and the developer/property owner at the Edinburg
Residency, coordination with the adjacent property owner (additional B2 zoning) to realign/improve
Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially
zoning properties was discussed. Did this outreach take place and were improvements considered?
Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney,
dated September 12, 2016.
Planning & Zoning:
1) Site History
The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning
for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District.
On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential
Performance), during the comprehensive amendment to the County’s Zoning Ordinance. On
October 14, 2009 the Board of Supervisors approved Rezoning #05-09 which rezoned the
properties to the B2 (General Business) District with proffers.
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
Rezoning # 01-17 DMJ Holdings, LLC
March 6, 2017
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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 properties are located within the UDA and SWSA and are designated as an area of
commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is
located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use
plan identifies, more specifically, a commercial designation with a transition back into the
surrounding residential land uses.
Transportation and Access.
Site access is proposed to be provided from two locations. Primary access to the site is via
Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer
Avenue) via a modified commercial entrance onto Route 781 generally using the existing right-
of-way across the properties frontage. The Route 50 entrance would be in the form of a right in
right out only entrance, the Route 781 entrance would be right in only.
Staff would note that the proffer currently limits any future use(s) to those that will not generate
in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from
the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive
through would max out the hour trip cap which would leave the remainder of the property
undevelopable.
3) Proffer Statement – Dated March 24, 2009; revised December 6, 2016:
1. Generalized Development Plan (unchanged)
Proffers 2-8 remain unchanged
9. The Owner agrees to prohibit the following uses (as listed in the Frederick County
Zoning Ordinance) on the property:
1. Car washes
2. Fast food restaurants with drive through service window (removed)
3. Automotive dealers with outdoor display and gasoline service stations
4. Model home sales offices
5. Amusement and recreational services operated outdoors
6. Self-storage storage facilities
7. Adult retail
Proffer 10 remains unchanged
Rezoning # 01-17 DMJ Holdings, LLC
March 6, 2017
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PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING:
Following the staff presentation of the application, a Commission Member commented that they do not
agree that the revision is minor and feels this should go to Public Hearing and allow the neighbors to
have a voice, considering the traffic, noise, odors, etc. this will create. The Commission Member
inquired was the increase in traffic the only parameter looked at. Staff explained, when reviewing the
allowance that is built into the zoning ordinance per the State Code this met those allowances to be
considered a minor proffer amendment. The previous rezoning did not have any limitations on the
hours of operation and it already allowed for a fast food restaurant and the only addition is the
allowance for a drive through and it did not increase the maximum cap on the traffic, it still fell under
the minor proffer amendment standards. Three Commission Members inquired how the 200 trips per
hour are monitored. Staff explained this would be done through the site plan process and based on the
trip generation manual; the use the Applicant is proposing along with the building square footage would
have to equate to no more than 200 vehicle trips. Staff noted the only enforcement would be prior to
the final approval and based on the square footage what it would generate based on the manuals. A
Commission Member commented this should be a Public Hearing so the neighbors have the opportunity
to voice concerns, as trips could reach 400. Staff noted the potential would still exist under the previous
rezoning because multiple buildings could have been constructed and still would have equated to the
certain number of trips per day based on the manual.
A Commission Member commented if adding the drive through component will there be some type of
protection for the neighbors from traffic headlights. Staff noted under the site plan, landscaping would
have a 36 inch evergreen hedge screening for anything that would generate impacts to lighting. John
Lewis of Painter-Lewis, P.L.C representing the Applicant came forward. Mr. Lewis presented a brief
overview; since 2009 the original rezoning in which the use of a fast food restaurant was proffered out,
the only interest brought forward has been for fast food. He continued, when originally rezoned there
was concern from neighbors about a fast food restaurant at which time the owner decided to remove that
option. Mr. Lewis explained regarding the trip limitations in the 2009 rezoning there was a 200 peak
hour trip limit also, and at that time there was no concern raised on enforcement of this. He noted the
reason for this rezoning is there has not been any interest in the parcel other than a fast food restaurant.
Mr. Lewis continued they met with the HOA in 2009 and that is how the original proffers were crafted;
this time they have tried to contact the HOA and have not heard from anyone, therefore they sent letters
to seven adjoining neighbors and they have received a response from one. A final point made by Mr.
Lewis is the current zoning ordinance has design standards all of which still apply to this rezoning.
A Commission Member commented he agrees it will be highly unlikely a fast food restaurant would
exceed the 200 trips in this area. Another Commission Member commented he finds it concerning that
in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant with a drive
through and now without giving anyone the opportunity to comment we would then remove this proffer
to allow the drive through. It was reiterated by a Commission Member that he would be comfortable if
this item were brought back before the Planning Commission as a Public Hearing.
A motion was made, seconded, and unanimously passed to recommend postponement and a Public
Hearing to be held of REZ #01-17 for DMJ Holdings L.L.C.
Rezoning # 01-17 DMJ Holdings, LLC
March 6, 2017
Page 6
Absent: Mohn, Dunlap
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING
COMMISSION MEETING:
This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This proffer
amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through
service windows. If approved, the site would permit the construction of fast food restaurants with drive
through service windows if all other requirements and conditions are met.
The properties are located within the UDA and SWSA and are designated as an area of commercial land
use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered
by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a
commercial designation with a transition back into the surrounding residential land uses.
Staff would note that the approved proffer currently limits any future use(s) to those that will not
generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from
the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the
hourly trip cap which would leave the remainder of the property undevelopable. The Planning
Commission discussed this application at their meeting on February 15, 2017; the Commission voted to
reschedule the application and hold a public hearing.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
64A 416A
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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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REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer AmendmentZoning Map
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REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 1764A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer AmendmentLocation Map
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REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer AmendmentLocation Map
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Mobile Home Community
Business
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Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
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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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REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer AmendmentLong Range Land Use Map
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CONDITIONAL USE PERMIT #02-17
SALVATORE CARRANO - AirBnB
Staff Report for the Planning Commission
Prepared: March 2, 2017
Staff Contact: M. Tyler Klein, AICP, Planner
This report is prepared by the Frederick County Planning Staff to provide informat ion 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: 03/15/17 Pending
Board of Supervisors: 04/12/17 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Rooming House (AirBnB). Should the Planning Commission find this application for a rooming
house to be appropriate, Staff recommends that the following conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. No more than one room rented at any given time.
3. No employees, other than those residing on the premise, are allowed with this use.
4. No signage allowed with this use.
5. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #02-17, Salvatore Carrano (AirBnB)
March 2, 2017
LOCATION: This property is located generally south of Valley Mill Road, immediately west
of Brookland Lane at 132 Seabreeze Lane, Winchester, Virginia in the Windstone Community.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54I-7-1-90
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residential (Townhome)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Vacant/Open Space Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Vacant/Open Space
PROPOSED USE: A rooming house (AirBnB rental) with one (1) bedroom being designated as
a short-term rental for out-of-town guests.
REVIEW EVALUATIONS:
Virginia Department of Transportation: This office has no objection to the proposed
conditional use.
Frederick County Inspections: Building shall comply with the 2012 Virginia Property
Maintenance Code. A building permit is required to add an additional bedroom to the Certificate
of Occupancy.
Proprietor occupied bed and breakfast and other transient boarding facilities not more than three
stories above grade plan in height, that are also occupied as the residence of the proprietor, with
a maximum of five guest room sleeping units provided for the transient occupants are permitted
to be classified as either Group R-3 or R-5 provided that smoke alarms are installed in
compliance with Section 907.2.11.2 for Group R-3 or Section 314 of the IRC for Group R-5.
(R-5) Smoke alarms shall be listed and labeled in accordance with UL 217 and shall be installed
in the following locations:
In each sleeping area
Outside each separate sleeping area in the immediate vicinity of the bedrooms
On each story of the dwelling, including basements and habitable attics
Page 3
CUP #02-17, Salvatore Carrano (AirBnB)
March 2, 2017
Frederick County Sanitation Authority: No comments.
Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided the
following are met:
There shall be at least one functioning smoke detector in the area(s) that pertain to this CUP.
There shall be at least one 5lb. multipurpose ABC fire extinguisher hung and tagged in the
area(s) that pertain to this CUP.
Planning and Zoning: This application for a Conditional Use Permit (CUP) is in response to a
zoning violation complaint of a rooming house (AirBnB rental) that was received by Staff.
Obtaining a CUP for this use is an available option to resolve the issue. A rooming house is a
permitted use in the RP (Residential Performance) Zoning District with an approved CUP. The
Zoning Ordinance defines boarding or rooming houses as a dwelling or part thereof where, for
compensation, lodging and /or meals are provided to boarders.
This proposed use will take place within a three bedroom, 2.5 bath townhome with one room
being rented at any given time. The Applicant has two dedicated parking spaces for his unit, and
has a dedicated rental room and kitchenette in the walk-out basement reserved for the AirBnB
guests. Additional visitor parking spaces are also available in the immediate vicinity of the unit.
The County’s Building Inspections Department issued a separate Certificate of Occupancy (CO)
for this new bedroom (attached), and a letter of support from the Windstone Homeowners
Association (HOA) has also been provided (attached). The Applicant is also subject to “Hosting
Standards” from AirBnB in serving as a “host,” and currently has a five star rating from AirBnB.
There will be no employees or signage associated with this CUP. The clientele of this use will
make a reservation via the internet (AirBnB). The property is located within the Windstone
Subdivision, and is an end unit. The property is surrounded by like dwellings (townhomes) and
open (common) space. The 2035 Comprehensive Policy Plan of Frederick County
(Comprehensive Plan) identifies this area of the County as part of the Senseny Eastern Frederick
Urban Area Plan and is to remain residential in nature and is not part of any land use study.
STAFF CONCLUSIONS FOR THE 03/15/17 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments shall be complied with at all times.
2. No more than one room rented at any given time.
3. No employees, other than those residing on the premise, are allowed with this use.
4. No signage allowed with this use.
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CUP #02-17, Salvatore Carrano (AirBnB)
March 2, 2017
5. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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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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CUP #02-17
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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: March 6, 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 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 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.
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. Buffers and screening (including distance, opaque elements, and landscaping) shall be
determined by the Zoning Administrator.
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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 – Permitted and Conditional Uses in the RA (Rural Areas)
Zoning District
DATE: March 6, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance, to allow additional by-right
and conditional uses in the RA (Rural Areas) District. This effort seeks to expand and clarify the
opportunities available for small businesses and agritourism in the Rural Areas. In doing so, this
effort is supportive of the goals and strategies expressed in the 2035 Comprehensive Plan for the
County’s Rural Areas and for Agribusiness Development. In addition, it is responsive to requests
and inquiries by stakeholders from the Rural Areas.
Staff has drafted an amendment to the RA Zoning District to include additional permitted uses,
including agritourism, commercial stables/equestrian facilities, cut-your-own tree farms and on-
premises wayside stands accessory to a bona fide farm; and conditional uses including farm
stays, special event facilities, commercial archery ranges, ice cream parlors, bakeries and
craft/gift shops. Staff has also drafted supplementary use regulations that would apply to special
event centers as well as new definitions.
The DRRC discussed this proposed amendment at their January 26, 2017 and February 23, 2017
meetings. Staff also discussed the proposed changes with stakeholders including local property
owners/agritourism providers, the Tourism Board and the Virginia Tech Cooperative Extension.
The DRRC agreed with the proposed changes and sent it forward to the Planning Commission
for discussion. The attached document shows the existing ordinance with the proposed changes
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 Boa rd of
Supervisors.
Attachments: 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.
FARM STAY – Any guest accommodation on a working farm. In addition to overnight
accommodations on site, guests may participate in rural activities including farming, animal
husbandry, ranching, harvest-your-own-activities, natural activities and attractions.
AGRITOURISM - Any activity carried out on a farm or ranch that allows members of the general
public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities,
including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural
activities and attractions. An activity is an agritourism activity whether or not the participant paid
to participate in the activity.
STABLE, COMMERCIAL - A building, group of buildings, or use of land, or any combination thereof,
where, for compensation, whether monetary or goods, provision is made for horses or ponies for
hire or instruction in riding.
SPECIAL EVENT FACILITY - : A facility or site utilized for events that are typically conducted on a
single day, but which may be conducted for up to three (3) consecutive days, for which attendance is
permitted only by invitation or reservation; special events include, but are not limited to, meetings,
conferences, banquets, dinners, weddings and private parties.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.15 Commercial shooting and archery ranges, outdoor.
Outdoor shooting and archery ranges shall be allowed only with a conditional use permit. Where
outdoor shooting and archery ranges are allowed, zoning district separation buffers and screens,
Category C as described by this chapter, shall be provided in relation to surrounding properties
containing residential uses. In no case shall a shooting range be located within 1,000 feet of any
residence located on surrounding parcels of land. In no case shall an archery range be located within
300 feet of any residence located on surrounding parcels of land. Application for a conditional use
permit shall include plans for appropriate site layout and design to protect the safety of the public. Such
plans shall include berms and other protective features. All outdoor shooting and archery ranges shall
be supervised at all times by qualified personnel.
§ 165-204.31. Special event facilities.
Special events facilities where allowed in the RA (Rural Areas) District, shall be subject to the following
requirements:
A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be
submitted with the Conditional Use Permit application. This plan shall identify: access for the
facility, the location of all parking areas, the location and square footage for all structure(s) to
be used, and the location of sewage disposal facilities.
B. All structures associated with a special events facility shall require a building permit.
C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require
through the Conditional Use Permit process that all travel aisles and/or parking spaces be
paved with a minimum double prime and seal or alternative dust free surface.
D. Portable toilets shall be permitted for special event facilities, provided that they are screened
from all adjoining properties and roads by topography, structures or new or existing
landscaping.
E. Special events facilities that share a private access easement with another property owner/s,
must show the easement allows a use of this type or written permission must be obtained by
the sharing parties.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.01 Purpose and intent.
A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic
views, sensitive environmental areas and prime agricultural and locally significant soils. The
regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The
varying lot size is permitted in order to facilitate designs that blend in with the existing landscape
and preserve some larger tracts of undeveloped land in order to maintain the rural character of the
County, as well as provide a choice to home buyers.
B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring
development which is sensitive to the existing features of the natural terrain and by reducing the
amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order
to achieve the best possible relationship between the development and the land. Individual lots and
streets should be designed to minimize alteration of the natural site features, relate positively to
surrounding properties and protect the views from surrounding areas. It is intended that by allowing
flexibility in the subdivision design, while at the same time requiring that environmental concerns be
addressed, a more attractive, environmentally sound and economically viable development will
result.
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
A. Agriculture, farming, dairies, animal husbandry, and forestry.
B. Orchards, horticulture and the production of nursery stock and products.
C. Single-family dwellings.
D. Mobile homes.
E. Schools (without residential component).
F. Public parks and playgrounds.
G. Churches.
H. Home occupations (as defined).
I. Natural conservation areas.
J. Winchester Airport.
K. Group homes.
L. Fire stations, companies and rescue squads.
M. Frederick County sanitary landfill.
N. Commercial and institutional cemeteries with or without funeral homes or cemetery office
complexes.
O. Post offices.
P. Radio and television towers and their accessory buildings.
Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines
owned by public utilities, railroad companies or public agencies.
R. Required off-street parking.
S. Oil and natural gas exploration, provided that the following requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local
regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County
Code.
(3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved
by the Board of Supervisors.
(4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing
Zoning District will be required.
T. Museums, parks or historic sites used for educational or historic preservation purposes.
U. Business signs.
V. Signs allowed in § 165-201.06B.
W. Accessory uses.
X. Poultry farms and hatcheries and egg production.
Y. Fish hatcheries and fish production.
Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the
County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is
used for human habitation.
AA. Government services office.
BB. Residential subdivision identification signs.
CC. Farm Wineries.
DD. Temporary family health care structure.
EE. Farm breweries.
FF. Farm distilleries.
GG. Agritourism.
HH. Commercial stables, equestrian facilities and commercial riding facilities.
II. Cut-your-own Christmas tree and evergreen tree.
JJ. On-premise wayside stand, roadside stand, or wayside market, accessory to a bona fide operating
farm.
§ 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 planing 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.
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 – Front Setbacks for Accessory Uses on Private Right-of-
Ways (ROW)
DATE: March 6, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance, to reduce the required front
setback off of private right-of-ways in the RA (Rural Areas) District for accessory structures.
Currently the setback off of a right-of-way in the RA District is 60 feet for both public and
private roadways.
Staff has drafted a revision to the Zoning Ordinance to reduce the required front setback for
accessory uses and structures where adjacent to private right-of-ways from 60-feet to 45-feet
which is consistent with the front setback for rural preservation lots.
This item was proposed by a DRRC committee member at the January 26, 2017 meeting and the
proposed amendment was discussed at their February 23, 2017 meeting. 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.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
ATTACHMENT 1
Article IV. Agricultural and Residential Districts
Part 401. RA Rural Areas District
§ 165-401.07 Setback requirements.
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District:
A. Setbacks for all lots other than rural preservation lots shall be as set out below.
(1) Front Setbacks. The front setback for any principle or accessory use or structure shall be 60
feet from the property line or right-of-way of the street, road or ingress/egress easement.
(2) Side or rear setbacks. The minimum side or rear setback for any principle use or structure
shall be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size
6 acres or less
Setback (Side and Rear)
(feet)
50
More than 6 acres 100
Agricultural and Forestal District, 6 acres or
less
50
Agricultural and Forestal District, more than
6 acres
200
Orchard (regardless of parcel size) 200
B. Rural Preservation Lots. The minimum setbacks from rural preservation lot lines which adjoin
other rural preservation lots shall be as set out below. Side and rear setbacks from rural
preservation lot lines which adjoin any parcel other than another rural preservation lot shall be
determined by § 165-401.07A(2) of this chapter.
(1) Front setback. The front setback for any principal or accessory use or structure shall be 60
feet from the right-of-way of any existing state-maintained road and 45 feet from the right-
of-way of any existing private ingress/egress easement or state-maintained road
constructed to serve the subdivision.
(2) Side setback. No principal use or structure shall be located closer than 15 feet from any
side lot line.
(3) Rear setback. No principal use or structure shall be located closer than 40 feet from any
rear lot line.
C. (Reserved) Accessory uses. The minimum setback for any accessory use or structure shall be
15 feet from any side or rear property line of a traditional five-acre lot or any side or rear
property line of a rural preservation lot. as follows:
(1) 60 feet from the edge of right-of-way of any public street or roadway owned and
maintained by VDOT.
(2) 45 feet from the edge of right-of-way of any private right-of-way or ingress/egress
easement.
(3) 15 feet from any side or rear property line.
D. (1) One non-habitable accessory structure that meets the minimum setbacks for an accessory
use may be located on a lot prior to the construction of a principal structure. This accessory
structure shall not be permitted to contain any residential uses prior to the construction of the
primary structure on the lot and shall be a maximum of 650 square feet in size.