PC 04-06-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 6, 2016
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) March 2, 2016 PC Minutes ............................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
ACTION ITEM
5) Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to rezone
36.676 acres from the RA (Rural Areas) District to the B-2 (Business General District),
45.453 acres from the RA (Rural Areas) District to the B-3 (Industrial Transition) District
and 73.360 acres from the RA (Rural Areas) District to M-1(Light Industrial) District, with
proffers. The properties are located on the west side of Interstate 81 between Cedar Hill
Road (Rt. 671) and Hopewell Road (Rt. 672) in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 33-A-113, 33-A-124, and 33-A-114B
Mrs. Perkins .................................................................................................................... (B)
INFORMATION/DISCUSSION ITEM
6) Dedication of Public Utilities and ROW on Rural Preservation Lots. Discussion on revisions to
the Zoning Ordinance to allow for the dedication of area for public utilities and right-of-way
dedications on rural preservation lots.
Mrs. Perkins ................................................................................................................... (C)
7) Request to include outdoor Flea Markets as a Conditional Use in the B2 and B3
Districts. Discussion on a request to include Flea Markets as a Conditional Use in the B2
(General Business) and B3 (Industrial Transition) Districts.
Mrs. Perkins ................................................................................................................... (D)
8) 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
Frederick County Planning Commission Page 3315
Minutes of March 2, 2016
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 March 2, 2016
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;
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District;
Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Kevin Kenney,
Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney;
Blaine Dunn, Board of Supervisors Liaison.
ABSENT: None
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; and Shannon
L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the March 2, 2016 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 Thomas, 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 Dunlap, the
Planning Commission unanimously adopted the minutes of their February 3, 2016 meeting.
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Frederick County Planning Commission Page 3316
Minutes of March 2, 2016
COMMITTEE REPORTS
Development Review and Regulations Committee (DRRC) – Mtg. 2/25/16
Commissioner Unger reported the committee held an election of officers; Mr. Unger was
re-elected as Chairman and Kevin Crosen was re-elected as Vice Chairman. The Committee held a
dedication of public utility lots and rural preservation lots. Mr. Unger noted the Sanitation Authority may
want to put a water tank on one of these lots. Mr. Unger concluded a CUP for a flea market was
discussed and the committee was not in favor of this.
City of Winchester Planning Commission
Commissioner Slaughter reported a Public Hearing will be held at the next meeting to
consider changes to the PUD zoning ordinance with the intent to lessen the maximum density allowed
and will allow bonus density percentages that are tied specifically to certain aspects of the development.
Board of Supervisors Report – Mtg. 2/24/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved a
permit for a lawn festival at Opequon Presbyterian Church. He noted the Board also approved the
rezoning for the Winchester Izaak Walton League shotgun range.
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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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PUBLIC HEARING
Rezoning #01-16 for 84 Lumber submitted by Pierce Hardy Limited Partnership, to rezone 10.0
acers from the B-3 (Industrial Transition) District with Proffers to the M-1 (Light Industrial)
District with Proffers. The property is located at 240 Yardmaster Court, off of Martinsburg Pike
(Route 11 North) in the Stonewall Magisterial District, and is identified by Property Identifi cation
Number 44-A-75B
Action – Recommend Approval
Assistant Director, Candice E. Perkins reported this is a rezoning application to rezone 10
acres from the B3 (Industrial Transition) District to the M1 (Light Industrial) District with proffers. Ms.
Frederick County Planning Commission Page 3317
Minutes of March 2, 2016
Perkins continued this application proposes to revise the proffers of Rezoning #02-05 to allow the site to
be used for a truss manufacturing plant. Ms. Perkins reviewed a locations map of the site.
Ms. Perkins presented a background on Rezoning #02-05 which originally rezoned the
entire property from the RA (Rural Areas) District to the B3 (Industrial Transition) District. She noted
included in that application was: a building cap on the entire site of 555,000 square feet; use limitations
consisting of office, building/lumber store, wholesale warehouse, and self-storage facilities; maximum
vehicle trips per day of 4,603 for the development. Ms. Perkins reported the proffer revision for the 10
acre site restricts the trips per day to 1,393 which are consistent with the approved 84 Lumber site plan
that was approved years ago. She noted there is also a restriction for the truss manufacturing facility due
to a proffered site plan. Ms. Perkins shared a trip generation summary with the Planning Commission and
noted the significant reduction in trips.
Ms. Perkins reported the Northeast Land Use Plan identifies the property with a
commercial land use designation; while the requested industrial zoning being presented is inconsistent
with the comprehensive plan, the proposed use is generally consistent with the commercial designation
and is very restrictive and assured through the proffer statement. Ms. Perkins continued the truss
manufacturing is part of the 84 Lumber Company and it is relatively similar to the lumber yard they had
before however manufacturing of trusses is not allowed in the B3 (Industrial Transition) District. She
concluded the applicant has proffered a site plan which limits the use of the site to the truss manufacturing
facility therefore the impacts associated with the change of use have been limited by the proffer
statement.
Commissioner Unger asked if the store would be re-opened on site. Ms. Perkins noted
the store will not be re-opened at this time.
Mr. Frank Kelcha, Vice-President of Manufacturing for 84 Lumber spoke on behalf of
the Applicant. He feels opening the facility will be beneficial to the company as well as the County. He
hopes to be able to employ approximately 70 people. Mr. Kelcha noted this will help the area prosper.
Ms. Debbie Schwab, real estate counsel for 84 Lumber reiterated the jobs the company
plans to bring to the area with the truss facility. She noted the intent is to employ 65-70 people with an
average annual salary of $31,800.
Commissioner Oates inquired if a store may be opened in the future. Mr. Kelcha noted at
this point a store is not in the plans.
Commissioner Marston asked if manufacturing of the trusses is primarily for the local
area or will they be shipped elsewhere. Mr. Kelcha explained the trusses will be used locally as well as
shipped to various locations.
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 Crockett and seconded by Commissioner Oates
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #01-16 for 84 Lumber submitted by Pierce Hardy Limited Partnership, to rezone
10.0 acers from the B-3 (Industrial Transition) District with Proffers to the M -1 (Light Industrial) District
Frederick County Planning Commission Page 3318
Minutes of March 2, 2016
with Proffers. The property is located at 240 Yardmaster Court, off of Martinsburg Pike (Route 11 North)
in the Stonewall Magisterial District, and is identified by Property Identification Number 44 -A-75B.
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OTHER
Director, Michael T. Ruddy presented an overview of the planned Planning Commission
Retreat to be held April 20, 2016. He noted the retreat will be held from 6:00 -9:00 pm in Board Room.
Mr. Ruddy welcomed thoughts, comments, and ideas from the Planning Commission Members that may
want to be included on the agenda.
Mr. Ruddy noted a few topics already planned: 2035 Comprehensive Plan; Conditional
Use Permits; changes to Rezonings; Planning Commission and Board of Supervisor projects; and
Transportation
Chairman Wilmot commented this is a wonderful time to share thoughts and ideas. She
encouraged everyone to participate.
Commissioner Oates asked if the Kernstown Area Plan will be a topic. Mr. Ruddy
responded yes and will be incorporated with the Comprehensive Plan.
Commissioner Crockett asked if it would be appropriate to invite others such as
representatives and the Sanitation Authority. Mr. Ruddy responded after the agenda is in place we can
then decide who we may want to invite.
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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 Crockett and unanimously passed. The
meeting adjourned at 7:20 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
REZONING APPLICATION #02-16
I-81 WEST BUSINESS PARK
Staff Report for the Planning Commission
Prepared: March 28, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director – Transportation
Reviewed Action
Planning Commission: 03/16/16 Public Hearing Held; Tabled 30 Days
Planning Commission: 04/06/16 Pending
Board of Supervisors: 04/27/16 Pending
PROPOSAL: Rezoning #02-16 for I-81 WEST BUSINESS PARK submitted by GreyWolfe, Inc., to
rezone 36.676 acres from the RA (Rural Areas) District to the B-2 (Business General) District, 45.453
acres from the RA (Rural Areas) District to the B-3 (Industrial Transition) District and 73.360 acres from
the RA (Rural Areas) District to the M-1(Light Industrial) District, with proffers.
LOCATION: The properties are located on the west side of Interstate 81 between Cedar Hill Road (Rt.
671) and Hopewell Road (Rt. 672).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/06/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to
the B2, B3 and M1 Districts with proffers, to accommodate commercial and industrial uses. The
property is located within the Sewer and Water Service Area (SWSA). In general, the proposed land
use designations for these properties is consistent with the current land uses supported by the 2030
Comprehensive Plan.
With this rezoning, the Applicant has proffered that this project will contribute to transportation
improvements in the vicinity of the property. Per previous comments, the Applicant has proffered right-
of-way sufficient for a major collector roadway, access roads to the existing and proposed future I-81
ramps, and has allowed for the signalization proffers to be used as cash toward transportation
improvements if the need arises.
Confirmation of the transportation issues identified in the staff report, and any issues raised by the
Planning Commission, should be addressed prior to a recommendation by the Planning Commission.
Following the public meeting, 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 #02-16 I-81 West Business Park
March 28, 2016
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: 03/16/16 Public Hearing Held; Tabled 30 Days
Planning Commission: 04/06/16 Pending
Board of Supervisors: 04/27/16 Pending
PROPOSAL: Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to
rezone 36.676 acres from the RA (Rural Areas) District to the B-2 (Business General) District, 45.453
acres from the RA (Rural Areas) District to the B-3 (Industrial Transition) District and 73.360 acres
from the RA (Rural Areas) District to M-1(Light Industrial) District, with proffers.
LOCATION: The properties are located on the west side of Interstate 81 between Cedar Hill Road (Rt.
671) and Hopewell Road (Rt. 672).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33-A-113, 33-A-124, and 33-A-114B
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) District Use: Residential and Agricultural
South: RA (Rural Areas) District Use: Residential and Agricultural
East: RA (Rural Areas) District Use: Residential and Agricultural
West: RA (Rural Areas) District Use: Residential, Church, I-81
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see the attached VDOT comment letter dated March 29,
2016.
Fire Marshal: Plans Approved.
Public Works Department: Recommend approval.
Frederick County Sanitation Authority: Please see attached letter from Eric R. Lawrence, Executive
Director dated January 19, 2016.
Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney,
dated December 18, 2015.
Frederick County Planning Department: See attached comments from Michael T. Ruddy, Deputy
Director dated January 19, 2016.
Frederick County Transportation Comments: Comments incorporated into general Planning
Department Comments above.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning for the subject parcel as A-2 (Agricultural General) District. The County’s agricultural
zoning districts were combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Land Use.
The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on
the future development of the property. The property is located within the Sewer and Water
Service Area (SWSA). The 2030 Comprehensive Plan identifies this property with a
combination of commercial and industrial land use designations. In general, the proposed
industrial and commercial zoning is consistent with the current land use supported by the
Comprehensive Plan.
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 4
This rezoning is based on an amendment to the 2030 Comprehensive Plan, Appendix I - Area
Plans, The Northeast Frederick Land Use Plan. CPPA #01-14, Blain Properties Sewer and
Water Service Area (SWSA) Inclusion; Parcels 33-A-113 and 33-A-124.
Language included in the update:
The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar
Hill Road is commercial and industrial in character. In general, the north–south major
collector road that has been identified and is necessary to support this area of land use serves
as a boundary between the commercial and industrial land uses. Flexibility should be offered in
the final balance and location of land uses. Future applications for rezoning in this area shall
adequately address any potential impacts to public facilities, in particular transportation, and
shall implement any necessary transportation improvements.
Transportation in the area would be a big consideration in future land use decisions.
Site Access and Transportation.
The Eastern Road Plan and the Northeast Frederick Land Use Plan call for a new north-south
major collector roadway (UD4) that runs from Hopewell Road to Cedar Hill Road; this
proposed roadway runs through the limits of this project. The Comprehensive Plan also calls
for improvements at Exit 321 on Interstate 81 such as the Hopewell-Brucetown Road re-
alignment and the relocation of the northern Interstate 81 ramps from Hopewell Road to Cedar
Hill Road. Finally, the Eastern Road Plan calls for interchange improvements that impact this
property due to the need for frontage roads.
History.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies one potentially
significant historic structure located within the vicinity of the proposed rezoning (Robinson-
Cline House (#34-1056)). The HRAB discussed this rezoning application at their meeting on
October 20, 2015; the HRAB had no comments for the application.
3) Site Suitability/Environment
The site is not located within a 100 year floodplain. However, this area is known for karst
topography and special attention should be paid during development for potential sinkholes and
related impacts. The majority of the stormwater runoff drains to the east towards Interstate 81.
The Applicant will be required to implement BMP’s and other devices to meet the
Commonwealth of Virginia’s requirements as required by DEQ.
Soils:
The soils types determined from the USDA's "Soils Survey of Frederick County, VA" shows
Frederick-Poplimento loams (14B & 14C), Frederick-Poplimento outcrop complex (17C), and
Oaklet silt loams (32B & 32C). These soils have medium erodibility and runoff. These soil
types are clay with an abundance of limestone rock.
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 5
Water/Sewer:
There is a pump station designed on the Open Door Baptist Church site which will receive
sewage via an existing 50’ sewer easement. This enters a force that reaches the VDOT rest area,
then Redbud Pump Station, and eventually flows into the Opequon Treatment Plant. There is an
existing 12” waterline stubbed onto the Open Door Baptist Church that is available.
4) Potential Impacts
Transportation:
With this rezoning application, the Applicant has proffered to construct a collector road between
Hopewell Road and Cedar Hill Road. It should be noted that this new major collector roadway
is shown in the Eastern Road Plan as an urban four lane divided highway, which would have an
ultimate right-of-way width of 80’. The Applicant has proffered a two lane roadway with an 80’
right-of way, constructed with shoulders.
The Applicant has also proffered to enter into signalization agreements at the new roadway
(Alfalfa Lane) and Hopewell Road and the new roadway and both interchange ramps. Traffic
generation has also been limited to 6,330 average daily trips based upon the ITE Trip
Generation Manual.
The Applicant has not addressed the need for frontage roads as shown in the Eastern Road Plan,
however the Applicant has proposed providing right-of-way for access roads to the I-81 and
proposed I-81 ramps.
VDOT’s review of the Applicant’s TIA resulted in significant comment which is included in
your package. The Applicant has revised the TIA and issued a response but an updated VDOT
comment has not been received.
The TIA does indicate that the expected trip distribution places the majority of trips I-81 (80%)
so the heaviest traffic impact projected is at the intersections with the interchange ramps. With
just 6% allocated to Route 11 this does result in a relatively small additional impact on the
intersection of Hopewell and Brucetown Roads with Route 11. However, it must be noted that
the Hopewell and Brucetown Road intersections, while operating better from a safety
perspective since VDOT’s signalization of them, continue to deal with capacity issues.
According to the TIA the operations at the site entrance and the I-81 ramps remain acceptable
with the exception of the I-81 NB exit ramp which has a level of service D in the 2025 build out
year.
5) Proffer Statement:
1. Transportation - Vehicle Trips per Day to be determined at Site Plan submission utilizing the
current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips
shall not exceed 6,330.
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 6
a. The owners hereby proffer to construct a road to connect Cedar Hill Road (Route 671) to
Hopewell Road (Route 672) as shown on the GDP within a 80’ right-of -way. This road and
any turn lanes required for the road connections will be built to VDOT standards and
dedicated to the County of Frederick. The road shall be two lanes with shoulders and a 10’
paved trail. This will be completed prior to the issuance of any occupancy permits.
Staff Note: The Eastern Road Plan calls for this roadway to be a new major collector road,
constructed as an urban four-lane divided highway.
b. The owners hereby proffer to dedicate an additional 5’ strip of land to the County of
Frederick along Cedar Hill Road (Route 671) west of Alfalfa Lane and 35’ east of Alfalfa
Lane for the future widening as shown on the GDP. This dedication will be prior to the
issuance of any occupancy permits.
c. The owners hereby proffer three signalization agreements with VDOT at the intersections of
Alfalfa Lane, the northbound ramps, and the southbound ramps of Interstate 81 with
Hopewell Road (Route 672). These agreements shall be for a pro rata share of only the
signal lights, when warranted by VDOT; and not for ramps, roads, or other improvements
`unless proffered herein. The monetary value of this proffer may be delivered in cash
instead, to the County of Frederick, for road improvements in the area when signals are
warranted.
d. The owners hereby proffers no commercial entrances shall be built onto Cedar Hill Road
(Route 671).
e. The owners herby proffer to dedicate 1.21 acres as shown on the GDP to the County of
Frederick. Said dedication will be within 90 days of written request from the County of
Frederick or at any time by the owners during development.
f. The owners hereby proffer a 60’ right-of-way to the County of Frederick for limited access
road connections aligned with interstate ramps to Alfalfa Lane as shown on the GDP. The
final alignments to be determined by others. All road construction by others. The right-of-
way shall be dedicated within 60 days when requested by the County of Frederick. This
proffer shall be deemed extinguished if a modification of the Frederik County
Comprehensive Plan removes these connections.
Staff Note: The Applicant has not addressed right-of-way needs for the future ramp
configuration and frontage roads as shown in the Eastern Road Plan but has proposed this
as an alternative.
2. Fire & Rescue – Monetary Contributions:
a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue
purposes, of $0.05 per building square foot to be disbursed to the Frederick County Fire and
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 7
Rescue Department, to be paid prior to the issuance of occupancy permits The term
“building square foot” shall be the combined floor area for each story.
3) Frederick County Sanitation Authority:
a. The owners hereby proffer to grant a temporary easement to the Frederick County Sanitation
Authority, as shown on sheet 2 of the GDP, on tax parcel 33-A-39 for a ground level water
tank. The easement shall begin upon approval of the rezoning and extinguished on
December 31, 2021. If the Frederick County Sanitation Authority has started construction
during that time, then the 1.33 acre of land within the easement shall be dedicated to the
Frederick County Sanitation Authority in fee simple on December 31, 2021.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/16/16 MEETING:
Staff reported this application is to rezone a total of 155.489 acres of land from the RA (Rural Areas)
District to the B2, B3, and M1 Districts with proffers, to accommodate commercial and industrial uses.
Staff continued the property is located within the Sewer and Water Service Area (SWSA) and in
general, the proposed industrial and commercial zoning is consistent with the current land use supported
by the Comprehensive Plan. Staff noted with this rezoning application the Applicant is requesting an
allowance for commercial and industrial uses. Staff continued within the proffer statement there is a
condition that limits the daily trips to 6,330 per day. The Applicant has also proffered a monetary
contribution to Fire and Rescue of $0.05 per building square foot and have proffered to Frederick
County Sanitation Authority to construct a ground level water tank on the property.
Staff presented mapping of the site with the Eastern Road Plan overlay. Staff explained the Applicant
has proffered a two-lane road on a 60’ right-of-way; however within the Comprehensive Plan there is a
major collector road which would require an 80’right-of-way. Staff continued the Applicant has
proffered to enter into signalization agreements; the TIA (Traffic Impact Analysis) has not quite
triggered the need for signals at this time, however it is close enough to be of a concern to VDOT and
Staff. Staff has requested flexibility to this proffer; specifically should something else develop at the
intersection of Hopewell Road, Brucetown Road, and Martinsburg Pike. Staff reported the Eastern
Road Plan does include potential plans for a split interchange that was done when the Route 11 study
was completed and it was modeled using MPO resources, basically the point was the lack of area on
Route 11 North for a major interchange however, the Land Use Plan calls for significant additional
development. Staff continued this was proposed as a way to help spread out the demand on that
interchange; it takes the ramps on the north side of Hopewell Road and brings them to the north side of
Cedar Hill Road and connects via frontage roads along I-81. Staff noted the Applicant does not control
all of that property. Staff requested the Applicant to look at the situation and give consideration on how
they may be able to handle that as it is unaddressed in the proffers. Staff noted this is something
continuously being studied through the MPO and is being called the 317 Area Study.
Mr. Tim Stowe representing the Applicant came forward and presented a brief overview of this project.
He reported the project has been scaled back in order to manage the traffic and the concerns. Mr. Stowe
continued the proffer that addresses the traffic was developed in consideration of the interchange at I-81
as well as the intersection of Hopewell Road, Martinsburg Pike, and Brucetown Road. Mr. Stowe
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 8
explained on Friday March 11, 2016 the Applicant received comments from VDOT that deal primarily
with the proffers; they have communicated with Staff since that time and have updated the proffers. In
summary Mr. Stowe noted the adjustments made by the Applicant; the north south road (Alfalfa Lane)
will include a multi-use trail; right-of-way increased to 80’; adding additional right-of-way on Cedar
Hill Road to widen to 80’; reconfigured ramps and proffered an alignment and right-of-way; adjusted
the signal proffer. Mr. Stowe concluded the water tank proffer has a time limit and the Frederick
County Sanitation Authority is completing a study on this.
A Commission Member asked does VDOT seem satisfied with the proffer adjustments. Mr. Stowe
responded the adjustments were sent to them today.
A Commission Member inquired what is the level of service in the TIA at the intersection. Mr. Stowe
explained it was looked at two ways and the Applicant proposed an all way stop which put the level at a
C and VDOT was satisfied with that.
A Commission Member asked to what extent Staff has reviewed the updated information. Staff
reported the information has been addressed with the exception of a VDOT request for greater analysis
of the interchange.
A Commission Member asked legal counsel for the County are the members within purview to
reference the revised proffers that have not been seen by the Planning Commission. The County’s legal
counsel responded it is the Planning Commission’s discretion on how to proceed. He noted he has
briefly reviewed the updates.
The Public Hearing was opened to citizen comments. A citizen came forward and expressed her
concern with the traffic this project will generate in the area. There were no additional comments and
the Public Hearing was closed.
A Commission Member commented he is comfortable with this rezoning. He is concerned with
moving forward without having seen the updated materials and he would prefer to table this rezoning.
A motion was made, seconded, and passed unanimously to recommend this rezoning be tabled for 30
days.
Abstain: Oates
Absent: Crockett
Rezoning #02-16 I-81 West Business Park
March 28, 2016
Page 9
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/06/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 155.489 acres of land from the RA (Rural Areas) District to
the B2, B3 and M1 Districts with proffers, to accommodate commercial and industrial uses. The
property is located within the Sewer and Water Service Area (SWSA). In general, the proposed land
use designations for these properties is consistent with the current land uses supported by the 2030
Comprehensive Plan.
With this rezoning, the Applicant has proffered that this project will contribute to transportation
improvements in the vicinity of the property. Per previous comments, the Applicant has proffered right-
of-way sufficient for a major collector roadway, access roads to the existing and proposed future I-81
ramps, and has allowed for the signalization proffers to be used as cash toward transportation
improvements if the need arises.
Confirmation of the transportation issues identified in the staff report, and any issues raised by the
Planning Commission, should be addressed prior to a recommendation by the Planning Commission.
Following the public meeting, 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.
CEDAR HILLESTATESSubdivision
APPLE VIEWESTATESSubdivision
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ST672
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234WAVERLY RD
234WAVERLY RD
920HOPEWELL RD
117HOPEWELL LN
113HOPEWELL LN
125HOPEWELL LN
3425MARTINSBURGPIKE
3418MARTINSBURG PIKE
3418MARTINSBURGPIKE1164BRUCETOWN RD
722HOPEWELL RD 3441MARTINSBURGPIKE
3468MARTINSBURGPIKE
1194BRUCETOWN RD
746HOPEWELL RD
669HOPEWELL RD
171APPLEVIEW DR
761HOPEWELL RD
781HOPEWELL RD
3522MARTINSBURGPIKE
3538MARTINSBURGPIKE
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190APPLEVIEW DR
3599MARTINSBURGPIKE
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3683MARTINSBURGPIKE281JEREMIAH LN
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4027MARTINSBURGPIKE
1663CEDARHILL RD 100ORNDOFF DR
1521CEDARHILL RD
1591CEDARHILL RD1571CEDARHILL RD 1581CEDARHILL RD 1607CEDARHILL RD
1639CEDARHILL RD
1461CEDARHILL RD
1453CEDARHILL RD 103ORNDOFF DR
138BURGESS LN 160TIMBERLAKES LN 106ORNDOFF DR
353THISTLE LN
353THISTLE LN
150BROWN LN 170BURGESS LN 185TIMBERLAKES LN
180TIMBERLAKES LN 107ORNDOFF DR
260TIMBERLAKES LN108ORNDOFF DR
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Parcels
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light 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 Area District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 25, 2016Staff: mruddy
Clear Brook
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REZ # 02 - 1681 West Business ParkPINs:33 - A - 113, 33 - A - 114B, 33 - A - 124Rezoning from RA to B2, B3, and M1
0 870 1,740435 Feet
REZ # 02 - 1681 West Business ParkPINs:33 - A - 113, 33 - A - 114B, 33 - A - 124Rezoning from RA to B2, B3, and M1
0111
REZ #02-16
REZ #02-16
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CEDAR HILLESTATESSubdivision
APPLE VIEWESTATESSubdivision
0111
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ST672
ST672
ST665
ST671
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33 A 114B
33 A 124
33 A 113
234WAVERLY RD
234WAVERLY RD
920HOPEWELL RD
117HOPEWELL LN
113HOPEWELL LN
125HOPEWELL LN
3425MARTINSBURGPIKE
3418MARTINSBURG PIKE
3418MARTINSBURGPIKE1164BRUCETOWN RD
722HOPEWELL RD 3441MARTINSBURGPIKE
3468MARTINSBURGPIKE
1194BRUCETOWN RD
746HOPEWELL RD
669HOPEWELL RD
171APPLEVIEW DR
761HOPEWELL RD
781HOPEWELL RD
3522MARTINSBURGPIKE
3538MARTINSBURGPIKE
152APPLEVIEW DR
190APPLEVIEW DR
3599MARTINSBURGPIKE
3588MARTINSBURGPIKE
3647MARTINSBURGPIKE
216APPLEVIEW DR 827HOPEWELL RD
333JEREMIAH LN
115JEFFSWAY
3656MARTINSBURGPIKE
258APPLEVIEW DR
300APPLEVIEW DR
3683MARTINSBURGPIKE281JEREMIAH LN
3703MARTINSBURGPIKE
340APPLEVIEW DR 3721MARTINSBURGPIKE
2020CEDARHILL RD
2000CEDARHILL RD
2042CEDARHILL RD
2021CEDARHILL RD
1827CEDARHILL RD
1787CEDARHILL RD
1807CEDARHILL RD
1767CEDARHILL RD
4027MARTINSBURGPIKE
1663CEDARHILL RD 100ORNDOFF DR
1521CEDARHILL RD
1591CEDARHILL RD1571CEDARHILL RD 1581CEDARHILL RD 1607CEDARHILL RD
1639CEDARHILL RD
1461CEDARHILL RD
1453CEDARHILL RD 103ORNDOFF DR
138BURGESS LN 160TIMBERLAKES LN 106ORNDOFF DR
353THISTLE LN
353THISTLE LN
150BROWN LN 170BURGESS LN 185TIMBERLAKES LN
180TIMBERLAKES LN 107ORNDOFF DR
260TIMBERLAKES LN108ORNDOFF DR
241BURGESS LN 243TIMBERLAKES LN
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Parcels
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Building Footprints
Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
Mixed Use Commercial/Office
Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Historic
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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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 25, 2016Staff: mruddy
Clear Brook
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REZ # 02 - 1681 West Business ParkPINs:33 - A - 113, 33 - A - 114B, 33 - A - 124Rezoning from RA to B2, B3, and M1
0 870 1,740435 Feet
REZ # 02 - 1681 West Business ParkPINs:33 - A - 113, 33 - A - 114B, 33 - A - 124Rezoning from RA to B2, B3, and M1
0111
REZ #02-16
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Blain & Cline Rezoning TIA, Frederick County, VA
Summary of VDOT Review Comments
March 29, 2016
1. Since the applicant has agreed to proffer a pro rata share of the cost for the installation of future traffic signals
at the Hopewell Road / I‐81 ramps and Hopewell Road / site entrance, with flexibility of said cost being able to
aid in the implementation of alternative transportation improvements in the vicinity of the I‐81, Exit 321
interchange, VDOT Staunton District Planning finds the current TIA to be acceptable in meeting the intent of
Chapter 527 TIA requirements. Please note that with future TIA submissions, all transportation improvements
recommended in a report will be based on modeling and analysis results of said improvement.
2. VDOT recommends that Proffer 1.d be updated to state that a signal warrant analysis that assumes full build out
of the site (6,330 ADT as proffered) will be conducted for the three intersections (Hopewell Road and the site
entrance and I‐81 ramps) and submitted with the initial site plan on the property to determine the owner’s pro
rata share of the signal installation. The monetary value of the pro rata share will be placed in escrow with
Frederick County as a condition of site plan approval to be utilized in the installation of the three traffic signals
(when warranted) or an alternative transportation improvement along Hopewell Road / I‐81, Exit 321
interchange. At the County’s request, VDOT can provide review assistance on the signal warrant analysis at time
of site plan review to ensure the correct pro rata share by the owner / developer.
3. VDOT recommends that Proffer 1.a be updated to specify that the owner / developer will be responsible for all
necessary turn lane improvements along Hopewell Road and Cedar Hill Road with the connections to the
proposed Alfalfa Lane. Additionally, we recommend that this proffer state that the internal road improvement
and required turn lanes along Hopewell Road and Cedar Hill Road will be completed prior to the issuance of the
first occupancy permit on the site (this trigger was included in the previous versions of this proffer).
4. Although Proffer 1.g and the GDP currently only provide for right‐of‐way dedication for future modifications to
the I‐81, Exit 321 interchange, it is VDOT’s opinion that the future ramp alignments based on the right‐of‐way
dedication neither meets the intent of the Frederick County Comprehensive Plan or would be acceptable by the
Federal Highway Administration. The Frederick County Comprehensive Plan identifies the planned interchange
improvements at Exit 321 being connected by collector distributor lanes. The current right‐of‐way dedication as
shown on the GDP illustrates future interstate ramp modifications connecting directly to the development’s
internal roadway (Alfalfa Lane).
C
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Dedication of Public Utilities on Rural Preservation Lots
DATE: March 22, 2016
Staff has received a request to revise the Zoning Ordinance to provide for an allowance to
permit divisions from rural preservation lots for public road dedications or utility dedications.
Currently the Zoning Ordinance prohibits all future divisions from rural preservation tracts.
Staff has prepared a minor revision to provide an allowance for the boundaries of rural
preservation lots to be modified, provided that the future division (subdivision) would only be
allowed for the expansion of an existing VDOT owned road or for a public utility dedication.
The DRRC discussed this amendment at their February 2016 meeting. The DRRC agreed with
the proposed changes, with minor revisions, and the item was forwarded 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 Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
CEP/dlw
Attachment 1
Original language
Draft revisions
Chapter 165 – Zoning
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.06 Permitted lot sizes.
C. Rural preservation lots.
(1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts
over 20 acres in size, subject to the following:
(a) Sixty percent or more of the parent tract shall remain intact as a contiguous parcel
(Rural Preservation Tract).
(b) This acreage must be designated prior to the division of the fourth lot.
(c) No future division of this designated Rural Preservation Tract shall be permitted,
other than for the expansion of existing VDOT road right-of-ways or public utility
dedications, unless all the following are met:
i. The division results in an overall acreage increase to the Rural Preservation
Tract; and
ii. Acreage added to the preservation tract may come from areas internal or
external to the rural preservation subdivision; and
iii. Acreage from the preservation tract may not be adjusted into parcels outside
of the rural preservation subdivision; and
iv. The Rural Preservation Tract continues to meet all requirements of Chapter
165 and 144.
D
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Flea Markets as a Conditional Use in the B2/B3 Districts
DATE: March 22, 2016
Staff has been requested to draft an amendment to the Zoning Ordinance to address the allowance of
outdoor flea markets. Currently, flea markets operated outdoors are permitted as a conditional use in
the RA (Rural Areas) District through a Conditional Use Permit (added in 2010). Flea markets operated
indoors is a permitted use in the B2 District. The request is to allow flea markets, operated outdoors, as
a conditional use in the B2 (Business General) and B3 (Industrial Transition) Zoning Districts. The
approved supplementary use regulations that were adopted in 2010 with the RA (Rural Areas) flea
market amendment have been modified to correspond to this requested addition.
The Development Review and Regulations Committee (DRRC) discussed this amendment at their
February 2016 meeting. The committee expressed concern as to how this use would fit in with existing
B2/B3 uses. They discussed the reduced standards proposed with this use – such as gravel parking and
driving areas that were introduced with the RA amendment. The DRRC also expressed concern about
impacting other commercial users that would be adjacent to a requested flea market.
The Committee stated that since this is already permitted through a conditional use permit in the RA
District, there isn’t a need to provide an allowance in the commercial districts. The Committee stated
that they could be supportive of introducing indoor flea markets as a permitted use in the B3 district,
since this is already permitted in the B2. However they felt that if you introduce the outdoor element,
you would be taking a piece of property that could be so much more and allowing something that could
go in the RA District.
Ultimately, due to the amount of available RA land where this use could go, the committee didn’t see
the need to amend the ordinance to include outdoor flea markets in in the B2/B3 District and
recommended against approving this request.
The attached document shows the existing ordinance with the proposed changes discussed 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.
CEP/dlw
Original language
Draft revisions
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 603 – B2 Business General District
§ 165-603.03 Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Flea Markets, Operated Outdoors.
*(Indoor flea markets is a permitted use in the B2 District).
Part 604 – B3 Industrial Transition District
§ 165-604.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Flea Markets, Operated Indoors or Outdoors.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.25. Flea Markets.
Flea Markets where allowed through a Conditional Use Permit in the RA (Rural Areas) Zoning District
shall meet the following requirements:
1. Property size shall be a minimum of six (6) acres not to exceed fifteen (15) acres.
2. In the RA (Rural Areas) District, the site must have direct frontage and access to a collector or
arterial roadway. In the B2 (Business General) and B3 (Industrial Transition) Districts, the site
at a minimum must have direct frontage and access to local road dedicated to VDOT. All
entrances shall conform to VDOT standards.
3. Flea markets may be located indoor or outdoor.
4. Flea markets shall only be permitted to operate Friday-Sunday and on holidays.
5. Required onsite parking shall be one (1) space per 400 square feet of enclosed floor area and
one (1) space per 3,000 square feet of outdoor display area.
-2-
6. 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.
7. All items displayed for sale shall be located within designated vendor spaces.
8. In the RA (Rural Areas) District, A Category B Zoning District Buffer shall be required along any
adjacent parcel six acres in size or less that is used for residential purposes. A Category B Zoning
District Buffer shall also be required along any adjacent property where a dwelling is located 50
feet or less from the proposed flea market property.
9. When adjacent to property primarily used for purposes other than residential, fencing (wire
type – non opaque) shall be provided along the property line.
10. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County and all applicable agencies. The site plan shall delineate all
vendor spaces and parking spaces.