PC 08-03-16 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
August 3, 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) June 15, 2016 & July 6, 2016 PC Minutes ...................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING ITEMS
5) Conditional Use Permit #06-16 for Borden Real Estate, LLC, which submitted for a
public garage with body repair. The property is located at 151 Conestoga Lane, Stephens
City, Virginia and is identified with Property Identification Number 85-A-5 in the Back
Creek Magisterial District.
Mr. Cheran ...................................................................................................................... (B)
6) Conditional Use Permit #07-16 for Ginger Teets, which submitted for a cottage
occupation for sales of Archery Supplies. The property is located at 3641 Green Spring
Road, Winchester, Virginia and is identified with Property Identification Number 13-3-16 in
the Gainesboro Magisterial District.
Mr. Klein .......................................................................................................................... (C)
7) Rezoning #07-16 of Senseny Road Rentals, LLC, submitted to rezone two acres from RP
(Residential Performance) District to RA (Rural Areas) District. The property is located on
Senseny Road (Route 657) approximately 350’ west of Ashley Drive, in the Red Bud
Magisterial District, and is identified by Property Identification Number 65-A-46.
Mrs. Perkins ..................................................................................................................... (D)
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 3341
Minutes of June 15, 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 June 15, 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;
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;
Christopher M. Mohn, Red Bud District.
ABSENT: Charles F. Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett,
Gainesboro District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; Mark A. Cheran, Zoning and Subdivision Administrator; and
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the June 15, 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 Manuel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Minutes of June 15, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 6/13/16
Commissioner Mohn reported the committee discussed four Comprehensive Policy Plan
Amendment applications for 2016. He noted three of the applications have already been assigned plan
use designation through prior planning efforts and the requests are to adjust the sewer and water servi ce
area or the UDA boundaries. Commissioner Mohn continued, in the three applications submitted the
committee felt it made sense to consider each. Commissioner Mohn reported the fourth application is
outside of the Northeast Land Use Plan area; the committee generally felt it was understood where the
interest was coming from and the argument was that it was being put forward by the property owner and
that it should not be considered a stand-alone amendment but rather look at what’s happening around the
property as well.
Chairman Wilmot noted the 2035 Comprehensive Plan public meetings for revisions and
review have been completed.
City of Winchester Report – Mtg. 6/07/16
Ms. Kat Eaton reported a work session was held and the following items were discussed:
overview of the Corridor Enhancement Districts guidelines with a note it does not change the underlying
zoning that regulates the land use; two telecommunication receivers (Daniel Morgan Middle School
monopole, Friendship Park pole extension); use of telecommunications on Jubal Early Drive.
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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
Conditional Use Permit #03-16 for Verizon Wireless Commercial Telecommunication Facility –
submitted to construct a wireless telecommunications consisting of a 150 foot monopole with
capacity for at least 3 carriers (Applicant included) and 50x50 foot equipment compound base. The
property is located at Grace Brethren Church at 143 Greenwood Road and is identified with
Property Identification Number 55-A-79 in the Redbud Magisterial District.
Action – Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this is a request to
enable construction of a 150’ monopole telecommunications facility with a 50’x 50’ equipment
compound and setback waiver. He continued the property is currently zoned RA (Rural Area) and the
surrounding properties are RP (Residential Performance) with the exception of the property to the north
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Minutes of June 15, 2016
which is B2 (General Business). Mr. Cheran noted the property that is zoned B2 is the former location of
Shenandoah Honda.
Mr. Cheran reported the Frederick County Zoning Ordinance allows for commercial
telecommunications facilities in the RA (Rural Areas) zoning district with an approved CUP (Conditional
Use Permit) and this proposed 150’ monopole type commercial telecommunication facility is located on a
22.6 +/- acre parcel that is zoned RA (Rural Areas). Mr. Cheran continued the property is located within
the UDA and SWSA as identified within the Comprehensive Plan and is located within the Senseny
Road/Eastern Frederick Area Plan. Mr. Cheran noted these plans identify this area remain res idential in
character and this proposed site is located within the vicinity of the Third Battlefield of Winchester area.
Mr. Cheran concluded the Applicant is requesting a waiver to reduce the required setback
as set forth in Section 165-204.19 of the zoning ordinance. He noted should this waiver be granted, the
result would be a 65’ setback reduction. Mr. Cheran presented the conditions of this CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless service providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the Applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected in the twelve (12) months of
the approval of this CUP, the CUP will be deemed invalid.
6. Any expansion or modifications of this use will require a new CUP.
Mr. Ed Donahue representing the Applicant reported this application is a critical need for
Verizon Wireless and it is a co-location site in which Shentel has expressed interest to locate on the
property.
Commissioner Mohn inquired if the tower signals would interfere with typical household
electronics. Mr. Donahue explained the tower cannot interfere due to FCC licensing and strict
regulations.
Commissioner Oates asked if Frederick County Public Schools have been contacted
about locating the tower on their property. Mr. Donahue explained the school system was contacted in
2013 and showed little interest; in 2014 the applicant was notified that Frederick County Public Schools
was not interested in placing the tower on any of their properties.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Anneke Tavenner of 103 Battlefield Drive came forward and explained she will be able
to view the tower from her home and is concerned it will decrease the value of her property. She noted
she would like clarification on the setback waiver.
James Tavenner of 103 Battlefield Drive also requested clarification on the setback
waiver and would like to have the location pinpointed.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Kabat Gowdy on behalf of the Applicant explained the setback requirement. He
reported the normal height restriction is 35’ and anything above that requires a one to one setback; this
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Minutes of June 15, 2016
pole being 150’ would require an additional 115’ beyond the 35’. He continued this tower is intended to
be setback 100’ therefore that is where the 65’ comes from. He concluded the Applicant is requesting a
reduction of 65’ from what is normally required by the ordinance.
Mr. Michael T. Ruddy, Director noted a picture of the site plan is in the agenda package
and can be shared with the adjoining property owners to clarify the location of the tower.
Commissioner Oates inquired what the diameter of the monopole is. Mr. Gowdy
explained a monopole of this height is generally 7’ to 8’ in diameter at the base for a tapered pole. He
noted the top of the pole could be 30-36 inches.
Commissioner Thomas noted the design of the pole must fall within the setback and is
the Applicant confident of this. Mr. Gowdy explained these types of poles are pre-engineered to collapse
within itself and he feels confident the setback will be met.
Commissioner Mohn asked if during the placement process the Applicant is using the
topography to determine the location. Mr. Gowdy stated no; the section of this property it is being placed
on is high and they would need a taller tower if it were put at a lower point. Commissioner Moh n
inquired what is the general area intended to be accommodated by the tower. Mr. Gowdy noted it is the
area between Route 7 and I-81 that is experiencing problems.
Commissioner Oates expressed his frustration with the school system not accepting the
tower on one of their sites. Commissioner Mohn feels it is a missed opportunity for the schools and
understand the application needs to move forward.
Upon motion made by Commissioner Mohn to recommend approval of the setback
waiver and seconded by Commissioner Thomas
YES: Wilmot, Thomas, Oates, Cline, Ambrogi, Manuel, Unger, Marston, Mohn
NO: Molden
ABSENT: Dunlap, Kenney, Triplett
Upon motion made by Commissioner Mohn to recommend approval of CUP #03-16 for
Verizon Wireless Commercial Telecommunication Facility and seconded by Commissioner Thomas
YES: Wilmot, Thomas, Oates, Cline, Ambrogi, Manuel, Unger, Marston, Mohn
NO: Molden
ABSENT: Dunlap, Kenney, Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #03-16 for Verizon Wireless Commercial Telecommunication Facility –
submitted to construct a wireless telecommunications consisting of a 150 foot monopole with capacity for
at least 3 carriers (Applicant included) and 50x50 foot equipment compound base. The property is
located at Grace Brethren Church at 143 Greenwood Road and is identified with Property Identification
Number 55-A-79 in the Redbud Magisterial District.
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Minutes of June 15, 2016
Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres
from the M1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from
the M1 (Light Industrial) District to the B3 (Industrial Transition) District with proffers. The
properties are located on the southeastern side of Martinsburg Pike (Route 11) and southern side of
Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 43C-3-3, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A and 43-A-151B.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Assistant Director, Candice E. Perkins reported this Application is to rezone a total of
13.9 acres of land from the M1 (Light Industrial) District to the B2 (General Business) and B3 (Industrial
Transition) Districts with proffers. She continued this property is located within the Sewer and Water
Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030
Comprehensive Plan.
Ms. Perkins presented a locations map of the property identifying the current zoning. She
explained the Comprehensive Plan identifies these properties with an industrial land use designation
which is consistent with the current zoning of the properties. Ms. Perkins continued the proposed
commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. She
noted considering the visibility of this site, its location on Martinsburg Pike and the I-81 interchange, and
the amount of commercial land in close proximity to this site, the requested commercial use may be
acceptable.
Ms. Perkins reported with this rezoning the Applicant has proffered to limit the number
of restricted entrances on Martinsburg Pike to two and one on Snowden Bridge Boulevard and limit the
maximum vehicle trips for the site to 6,303. She continued the entrance locations shown on the proffered
GDP are conceptual in nature; the proffer states that the final design and location of these entrances will
need to be approved by VDOT and the County. Ms. Perkins concluded the Applicant has also proffered a
10’ right-of-way dedication for Martinsburg Pike as well as corridor enhancements such as a split rail
fence, increased parking setbacks, and has provided a monetary contribution of $0.10 per building square
foot for Fire and Rescue.
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.
Mr. Tim Stowe representing the Applicant noted the traffic number Ms. Perkins
mentioned was based on existing zoning which includes restaurants.
Commissioner Unger commented it appears the Commission is handling these types of
rezonings more frequently. Commissioner Thomas noted he feels this is market driven. Commissioner
Manuel stated it is disappointing to lose M1 and M2’s however he feels at this time and this location it is
appropriate planning.
Upon motion made by Commissioner Cline and seconded by Commissioner Thomas
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Minutes of June 15, 2016
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Rezoning #04-16 for Snowden Bridge Station submitted by GreyWolfe, Inc., to rezone 11.340 acres from
the M1 (Light Industrial) District to the B2 (General Business) District, and 2.629 acres from the M1
(Light Industrial) District to the B3 (Industrial Transition) District with proffers. The properties are
located on the southeastern side of Martinsburg Pike (Route 11) and southern side of Snowden Bridge
Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers
43C-3-3, 43C-3-3, 43C-3-4, 43C-3-4A, 43-A-150, 43-A-151A and 43-A-151B
(Note: Commissioner Triplett, Commissioner Dunlap, and Commissioner Kenney were absent from the
meeting)
Rezoning #05-16 for CB Ventures LLC submitted by Greenway Engineering, to rezone 3.75+/-
acres from the B3 (Industrial Transition) District to the B2 (General Business) District, and 1.23+/-
acres from the B2 (General Business) District to the B2 (General Business) District with proffers.
The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side
of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall
Magisterial District, and is identified by Property Identification Number 43-A-48A.
Action – Recommend Approval
Assistant Director, Candice E. Perkins reported this application is to rezone a total of
4.98 acres of land from the B2 (General Business) and B3 (Industrial Transition) Districts to the B2
District with proffers to accommodate commercial uses. She continued this property is located within the
Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of
the 2030 Comprehensive Plan. Ms. Perkins noted the Northeast Land Use Plan identifies this property
with a commercial land use designation and the proposed commercial zoning is consistent with the
current land use supported by the Comprehensive Plan.
Ms. Perkins explained with this rezoning the Applicant has proffered to construct
upgrades to Amoco Lane within the limits of the existing right-of-way to the limits of their southeastern
most commercial entrance and to also provide inter-parcel connection into the adjacent Sheetz property
that is currently under construction. Ms. Perkins continued the Applicant has also proffered to design and
construct a sewer pump station, provide for landscaping on the properties fronting Amoco Lane and
provide a monetary contribution of $0.05 per building square foot for Fire and Rescue.
Ms. Perkins reported the potential impacts of this rezoning:
Amoco Lane – there is potential for the site’s entrance to be at the northwestern
edge of the property and therefore minimal Amoco Lane improvements would be
constructed.
The FCSA requested that this proffer be expanded to include a SCADA
(Supervisory Control and Data Acquisition) system that would coordinate with
other pump station on this force main.
Consideration should be given to maintaining the existing mature evergreen and
deciduous trees located along Amoco Lane. Utilizing the existing vegetation,
and supplementing if necessary, would be preferable to removal and replacement.
Mr. Evan Wyatt of Greenway Engineering and representing the Applicant reported the
intent of the Applicant and this rezoning is the desire for hotel and restaurant land use. Mr. Wyatt
continued regarding the VDOT comment that were submitted; when the Applicant originally submitted
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Minutes of June 15, 2016
the rezoning package there was a GDP which showed entrances and connectivity even though it was an
older aerial; VDOT requested the Applicant eliminate entrance locations on Amoco Lane.
Mr. Wyatt continued in regards to comments from the Frederick County Sanitation
Authority; the Applicant was asked to ensure the pump station and infrastructure that is being designed
was not only appropriate for the build out of this property but also the land uses on Amoco Lane. The
Applicant proceeded with the design elements for the pump station and the collection system that has
been submitted to VDOT and the Sanitation Authority. He continued the purpose of the oversizing of the
pump station is the land uses in that area do not have access to sewer that is served by the Sanitation
Authority.
Mr. Wyatt reported in regards to the landscaping on and surrounding the property; a
neighborhood meeting was held with a good turnout and positive response from the surrounding property
owners. He explained the Applicant will landscape portions of the adjoining properties as a landscape
easement. Commissioner Thomas inquired will the Applicant continuously maintain the mention
landscaping. Mr. Wyatt noted the Applicant has agreed to a one year vegetation replacement and one
year maintenance.
Commissioner Cline requested better explanation of the Fire & Rescue proffer of $0.05
per building square foot. Mr. Wyatt commented this is an Economic Development project and is cash
positive for the County and would benefit Fire & Rescue.
Commissioner Oates noted he has been in contact with the Sanitation Authority regarding
the proffers and he doesn’t feel they are comfortable with the way they are currently written regarding the
pump station. Mr. Wyatt noted the design submitted does address the pump station to include a SCADA.
Commissioner Oates requested clarification on the VDOT comments regarding the
entrances. Mr. Wyatt explained the limits of where the entrances can be are where the traffic impacts will
be; if Amoco Lane continued on it may be a different scenario but it stubs out.
Commissioner Unger inquired how many houses are affected in regards to the
landscaping on Amoco Lane. Mr. Wyatt explained the option has been offered to every property on
Amoco Lane that has a residence on it.
Commissioner Thomas asked if the SCADA design was included in the design sent to the
Sanitation Authority. Mr. Wyatt confirmed this is correct.
Chairman Wilmot inquired which entrance will be used for access to the property. Mr.
Wyatt clarified it would be accessed off of Amoco Lane.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Commissioner Cline would like to recommend tabling this rezoning for 60 days.
Commissioner Mohn inquired what he’s hoping to achieve by tabling and more reasoning needs to be
heard. Commissioner Cline explained there are many unanswered questions in regards to the road, and
the proffer to Fire & Rescue. Commissioner Thomas agrees with the road issues and feels the Fire &
Rescue proffer is on the light side. Commissioner Oates comments he agrees with the road issues and
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Minutes of June 15, 2016
wants to make sure the Sanitation Authority is completely satisfied. Commissioner Unger commented
what could possibly change with the roads in 60 days.
A motion to table for 60 days, Rezoning #05-16 for CB Ventures LLC, made by
Commissioner Cline was denied by the Planning Commission with a majority vote.
YES: Oates, Thomas, Ambrogi, Cline
NO: Mohn, Molden, Manual, Unger, Marston, Wilmot
Absent: Dunlap, Kenney, Triplett
An Alternative motion was made by Commissioner Oates and seconded by
Commissioner Cline to recommend approval with the understanding the Frederick County Sanitation
Authority be satisfied prior to the Board of Supervisors Public Hearing
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #05-16 for CB Ventures LLC submitted by Greenway Engineering, to rezone
3.75+/- acres from the B3 (Industrial Transition) District to the B2 (General Business) District, and
1.23+/- acres from the B2 (General Business) District to the B2 (General Business) District with proffers.
The property is located on the south side of Martinsburg Pike (US Route 11) and the northeast side of
Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 Exit 317 in the Stonewall Magisterial
District, and is identified by Property Identification Number 43-A-48A.
(Note: Commissioner Dunlap, Commissioner Triplett, Commissioner Kenney were absent from the
meeting)
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ACTION ITEM
Rezoning #06-16 Sempeles Property submitted by Pennoni, to revise proffers associated with
Rezoning #02-04. This revision relates to the “on site development” sections of the proffers for the
M1 (Light Industrial) District zoned portion of the site. The Applicant is requesting to revise the
proffers to allow the use of tilt-up concrete walls and to remove proffers that have been completed.
The property is located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of
the intersection of Woodbine Road (Route 669) and Martinsburg Pike in the Stonewall Magisterial
District, and is identified by Property Identification Number 34-A-4.
Action – Recommend Approval
Commissioner Molden would abstain from all discussion on this item for a possible
conflict of interest.
Assistant Director, Candice E. Perkins reported this request to amend the proffer
statement for the Sempeles Property to allow the use of concrete tilt-up walls within the M1 (Light
Industrial) zoned portion of the property. She continued the site was originally rezoned in 2004 to the M1
District and the B2 (General Business) District with proffers. Ms. Perkins explained those proffers
limited the façade materials to concrete masonry (CMU) brick, architectural block, Dryvit or other
simulated stucco, real or simulated wood or glass.
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Minutes of June 15, 2016
Ms. Perkins reported the Applicant has updated the proffer to remove improvements that
have been previously completed and it should be noted that this proffer amendment only applies to the
M1 zoned parcel, the parcels that were rezoned to the B2 District will still be covered by the 2004 proffer
statement.
Commissioner Unger inquired on exactly what is a tilt-up wall. Ms. Perkins explained
they are used in large warehouses and basically a pre-cast wall.
Commissioner Thomas asked if this revised proffer was reviewed by council. Mr. Ruddy
noted it was not reviewed by council however it has thoroughly been reviewed by Staff.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #06-16 Sempeles Property submitted by Pennoni, to revise proffers associated with
Rezoning #02-04. This revision relates to the “on site development” sections of the proffers for the M1
(Light Industrial) District zoned portion of the site. The Applicant is req uesting to revise the proffers to
allow the use of tilt-up concrete walls and to remove proffers that have been completed. The property is
located adjacent to Martinsburg Pike (Route 11), approximately 250 feet north of the intersection of
Woodbine Road (Route 669) and Martinsburg Pike in the Stonewall Magisterial District, and is identified
by Property Identification Number 34-A-4.
(Note: Commissioner Dunlap, Commissioner Triplett, and Commissioner Kenney were absent from the
meeting)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn
the meeting. This motion was seconded by Commissioner Cline and unanimously passed. The meeting
adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
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Minutes of July 6, 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 July 6, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Roger L. Thomas, Vice
Chairman/Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District;
Lawrence R. Ambrogi, Shawnee District; Greg L. Unger, 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.
ABSENT: Robert S. Molden, Opequon District; J. Rhodes Marston, Back Creek District; H. Paige
Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; and Shannon L.
Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the July 6, 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 Thomas, the
Planning Commission unanimously adopted the minutes from the June 1, 2016 meeting.
Frederick County Planning Commission Page 3350
Minutes of July 6, 2016
COMMITTEE REPORTS
Frederick County Sanitation Authority – Mtg. 6/22/16
Commissioner Unger reported the quarries are elevated but still considered low by staff.
He continued there is approximately 2 million gallons of water being purchased daily from the City of
Winchester. He noted the County used approximately 5.4 million gallons of water per day la st month,
which is fairly normal.
Commissioner Unger continued Greystone Industrial Park is attempting to add a sewer
line into their facility and the Sanitation Authority is on board with this. He noted there is still an issue
with the Hood plant and their discharge; Hood has agreed to hire an engineer to take a look at things and
get this ongoing issue corrected. Commissioner Unger concluded the search for water within the County
has gotten very aggressive and he praised the operations of the Sanitation Authority.
City of Winchester – Mtg. 6/21/16
Ms. Kelly Wolfe reported the Commission tabled a rezoning of approximately 64 acres of
land containing approximately 149 acres. She continued a CUP for a telecommunication facility at 48
Purcell Avenue was denied. Ms. Wolfe concluded the following items were approved by the
commission: a CUP for a single family detached dwelling at 2905 Shawnee Drive; an Ordinance to revise
the proffers associated with approximately 7 acres of land at 501 West Jubal Early Drive; a CUP for a
telecommunication facility at 627 North Pleasant Valley Road.
Board of Supervisors – Mtg. 6/22/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the following items
were approved by the Board of Supervisors: CUP #04-16 for Vicky Nash for a cottage occupation/nail
salon; revise the zoning ordinance to provide an allowance to permit divisions from rural preservation lots
for public road dedications or utility dedications; REZ #06-16 for the Sempeles Property to modify
proffers.
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3351
Minutes of July 6, 2016
PUBLIC HEARING
Conditional Use Permit #05-16 for Edwin Elvira submitted for a retail nursery/landscaping store.
The property is located at 1590 Fairfax Pike, White Post, Virginia and is identified with Property
Identification Number 87-1-B in the Opequon Magisterial District.
Action – Recommend Approval
Planner, M. Tyler Klein reported the property is currently zoned RA (Rural Areas) and
the current land use is residential/vacant. Mr. Klein presented mapping identifying the location and an
outline of the property. Mr. Klein continued, the property is su rrounded by RA properties on all sides
including residences and vacant agricultural land.
Mr. Klein explained Cottage Occupations are permitted in the RA Zoning District with an
approved CUP. He continued this proposed Cottage Occupation is for a retail nursery and landscaping
business that will take place in existing structures on the property, and would include renting the existing
residence. Mr. Klein reviewed the conditions attached to this CUP, and noted that the Applicant has
agreed to all conditions recommended:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County and all
improvements completed prior to establishment of the use.
3. One, non-illuminated, freestanding monument business sign is allowed with this Conditional
Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in
area.
4. Hours of operation shall be limited to 8 a.m. to 8 p.m., seven (7) days a week.
5. The site should have no more than four (4) employees.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Commissioner Thomas inquired regarding the concerns from the Health Department
regarding the septic system. Mr. Klein noted that a site plan would be required as a condition of approval,
and Health Department standards would be determined at the time of site planning. The Applicant, Mr.
Edwin Elvira came forward to address the question raised noting he understood the concerns and would
proceed with the site plan to address the comments. Commissioner Unger noted the high reputation of
Edwin Elvira Landscaping and his long business presence in the community.
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 Thomas and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #05-16 for Edwin Elvira submitted for a retail nursery/landscaping
store. The property is located at 1590 Fairfax Pike, White Post, Virginia and is identified with Property
Identification Number 87-1-B in the Opequon Magisterial District.
Frederick County Planning Commission Page 3352
Minutes of July 6, 2016
(Note: Commissioner Marston, Commissioner Manuel, and Commissioner Molden were absent from the
meeting)
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Draft Update of the 2016 – 2017 Frederick County Primary and Interstate Road Improvement
Plans – The Primary and Interstate Road Improvement Plans establish priorities for improvements
to the Primary and Interstate Road networks within Frederick County.
The Virginia Department of Transportation and the Planning Commission of Frederick County, in
accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing. The
purpose of this public hearing is to receive public comment on the proposed Six Year Plan for
Secondary Roads for Fiscal Year 2017.
Action – Recommend Approval
Assistant Director – Transportation, John A. Bishop presented a brief overview of this
item to consider the update of the 2016 – 2017 Interstate, Primary, and Secondary Road Improvement
Plans. Mr. Bishop noted in summary the changes:
1. Interstate Road Improvement Plan – No Changes
2. Primary Road Improvement Plan
A. Addition of Route 7 and Route 50 East and West widening areas per
MPO modeling.
3. Secondary Road Improvement Plan
A. Update of rankings and promotion of Hollow Road to scheduled list
for non-hard surface roads.
B. Addition of notation that clarifies allocations are based upon VDOT
revenue projections.
Mr. Bishop concluded the Transportation Committee reviewed this item on June 20, 2016
and has recommended approval.
Commissioner Oates commented that Mr. Bishop has done an excellent job in preparing
these updates.
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 Oates, and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the Draft Update of the 2016–2017 Frederick County Primary and Interstate Road
Improvement Plans.
Frederick County Planning Commission Page 3353
Minutes of July 6, 2016
(Note: Commissioner Marston, Commissioner Manuel, and Commissioner Molden were absent from the
meeting)
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OTHER
Assistant Director – Transportation, John A. Bishop came forward to present a video
produced by the Conservation Easement Authority (CEA). He noted the CEA has worked diligently to
assist the community in understanding the purpose of conservation easements. He concluded the video is
on the County website as well as on YouTube.
Cancelation of the regular meeting on July 20, 2016
Chairman Wilmot announced there were no pending items for the Planning
Commission’s July 20, 2016 meeting.
A motion was made by Commissioner Thomas to cancel the July 20, 2016 meeting of the
Planning Commission. This motion was seconded by Commissioner Cline and unanimously passed.
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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 Thomas and unanimously passed. The
meeting adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
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Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #06-16
Borden Real Estate, LLC
Public Garage (with Body Repair)
Staff Report for the Planning Commission
Prepared: July 22, 2016
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 08/03/16 Pending
Board of Supervisors: 09/14/16 Pending
EXECUTIVE SUMMARY: This is a request to update and amend Conditional Use Permit
#001-90for a Public Garage (with Body Repair) by deleting the following conditions in an effort
to re-open an existing public garage:
Condition 3 This will be a one-year permit to be reviewed annually.
Condition 4 If the use, occupancy or ownership of property changes, this conditional use
permit will expire and a new conditional use permit will be required.
Conditions 3 and 4 would no longer be required by Frederick County as a result of these two
conditions a new CUP would be required. The original conditions are included for your
reference.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all
times.
2. All repair activities shall occur entirely within the enclosed structures.
3. All exterior storage of parts and equipment shall be screened from view of the
surrounding properties by an opaque fence or screen at least six (6) feet in height.
4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through
Saturday.
5. No more than four (4) employees allowed.
Page 2
CUP #06-16, Borden Real Estate, LLC
Public Garage (with Body Repair)
July 22, 2016
6. No retailing or wholesaling of parts or vehicles on site.
7. No storage of inoperable vehicles on site.
8. No more than five (5) vehicles awaiting repair on site at any time.
9. An illustrative sketch plan shall be submitted to and approved by Frederick
County, and all plan improvements shall be implemented prior to operating the
business.
10. Any expansion or change of use will require a new Conditional Use Permit.
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 3
CUP #06-16, Borden Real Estate, LLC
Public Garage (with Body Repair)
July 22, 2016
LOCATION: This property is located at 151 Conestoga Lane, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 85-A-5
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Public Garage with/body repair (inactive)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Church
South: RA (Rural Areas) Use: Vacant Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Conditional Use Permit for public garage with body repair.
REVIEW EVALUATIONS:
Virginia Department of Transportation: A VDOT review has been conducted for the
Conditional Use Permit Application at 151 Conestoga Lane, Stephens City, Virginia to operate
as a public garage with body repair. This office has no overall objection to this Conditional Use
Permit Application. I would like to note that the existing private street connection for Conestoga
Lane to Route 11 is being upgraded as part of a site plan for Lighthouse Full Gospel Church. A
VDOT Land Use Permit for this project is currently active. We encourage the Applicants of this
Conditional Use Permit to work together with the Church for the construction of the entrance
improvements.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection as long as the conditions of the operating permit are met (cannot exceed four
full time occupants and six maximum employees).
Frederick County Fire Marshall: Plans disapproved: Access road marked as “Asphalt
Driveway” does not meet width of 20’ requirement as per 2012 Frederick County Fire
Prevention Code; 503.2.1 Dimensions.
Page 4
CUP #06-16, Borden Real Estate, LLC
Public Garage (with Body Repair)
July 22, 2016
At least 1 smoke detector shall be in all areas this permit references
At least1-5lb ABC fire extinguisher with 75’ of all areas that this permit references
Please note amended Fire Marshall revised comment dated June 22, 2016, approving this
plans for this use.
Frederick County Inspections Department: Conditional Use request to use existing
residential garage for commercial use. The area utilized shall comply with The Virginia
Uniform Statewide Building Code, Virginia Mechanical Code 2012, and ANSI A117.1-09-
Accessible and Usable Buildings and Facilities.
Please submit a permit application for the change of use. Please include a floor plan of the
current garage layout and a future floor plan of the proposed layout.
Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking
area/unloading to entrance shall be provided.
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
Public restroom facilities shall be provided within 500’.
Other S-1 garage, CO Dated 1990 shall be maintained under the 1987 VUSBC as required in the
Virginia Property Maintenance Code 2012. No change of use required for garage labeled 153
Conestoga Lane on site plan.
Winchester Regional Airport: No impact-no comments needed.
Planning and Zoning: This is a request to update and amend an existing Conditional Use
Permit for a public garage. This property is subject to conditions of CUP # 001-90 approved by
the Board of Supervisors March 28, 1990, for a public garage. Currently, this public garage has
not been in operation but meets all of the requirements of the conditions of CUP #001-90.
However, there are two (2) assigned conditions of CUP # 001-90 that will require a new CUP:
Condition 3 This will be a one-year permit to be reviewed annually.
Condition 4 If the use, occupancy or ownership of property changes, this conditional use
permit will expire and a new conditional use permit will be required.
Conditions 3 and 4 would no longer be required by Frederick County as a result of these two
conditions a new CUP would be required. The original conditions are included for your
reference.
Page 5
CUP #06-16, Borden Real Estate, LLC
Public Garage (with Body Repair)
July 22, 2016
This use will be conducted on a five acre parcel in two (2) structures approximately 3,250 and
4,850 square feet in size. This use will be approximately 500 feet or more from any adjoining
structures and properties. The structures were used as part of approved CUP # 001 -90. All repair
work will be conducted within the enclosed garages.
STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all
times.
2. All repair activities shall occur entirely within the enclosed structures.
3. All exterior storage of parts and equipment shall be screened from view of the
surrounding properties by an opaque fence or screen at least six (6) feet in height.
4. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday.
5. No more than four (4) employees allowed.
6. No retailing or wholesaling of parts or vehicles on site.
7. No storage of inoperable vehicles on site.
8. No more than five (5) vehicles awaiting repair on site at any time.
9. An illustrative sketch plan shall be submitted to and approved by Frederick
County, and all plan improvements shall be implemented prior to operating the
business.
10. Any expansion or change of use will require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
0111
85 A 5
6283VALLEYPIKE
6283VALLEYPIKE
6380VALLEYPIKE
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6191VALLEYPIKE
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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 Area District)
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CUP # 06 - 16Borden Real Estate, LLCPIN:85 - A - 5Public Garage with Body Shop
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CUP #06-16
CUP # 06 - 16Borden Real Estate, LLCPIN:85 - A - 5Public Garage with Body Shop
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CONDITIONAL USE PERMIT #07-16
Ginger Teets (Cottage Occupation)
Staff Report for the Planning Commission
Prepared: July 22, 2016
Staff Contact: M. Tyler Klein, AICP, Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 08/03/16 Pending
Board of Supervisors: 09/14/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a cottage
occupation in the RA (Rural Areas) Zoning District for the sale of archery supplies and
equipment. Should the Planning Commission find this application for a cottage occupation to be
appropriate, staff recommends that the following conditions be attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. One, small, cottage occupation sign permitted with approval of the Conditional Use
Permit.
3. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00
a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays.
4. No more than four (4) customers per day.
5. No employees permitted, beyond those residing on the premises.
6. Any expansion or change of use shall require a new Conditional Use Permit.
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 #07-16, Ginger Teets (Cottage Occupation)
August 3, 2016
LOCATION: This property is located at 3641 Green Spring Road, Winchester, Virginia
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 13-3-16
PROPERTY ZONING & PRESENT USE:
Zoned: Rural Areas (RA)
Land Use: Rural Areas
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Rural Areas (RA) Use: Residential
South: Rural Areas (RA) Use: Residential
East: Rural Areas (RA) Use: Residential
West: Rural Areas (RA) Use: Residential
PROPOSED USE: The Applicant proposes a cottage occupation for sales of archery equipment
and supplies. The Applicant intends to use an existing outbuilding (shed) on-site for the business.
No additional employees are proposed beyond those residing on the premise and one small
cottage occupation sign is proposed.
REVIEW EVALUATIONS:
Virginia Department of Transportation: Please see the attached email from Timothy Rhodes,
VDOT Land Development Engineer dated June 17, 2016.
Frederick County Inspections: Change of use for the existing storage building shall comply
with the 2012 Virginia Rehabilitation Code. The new use classification shall be Business for the
archery repair and supply operation. Other codes that apply are ICC/ANSI A117.1-2009
Accessible and Usable Buildings and Facilities, and Virginia Energy Code 2012. Please submit a
floor plan of the area being utilized at the time of building permit application. Permit shall be
issued, final inspection conducted with approval and a new certificate of use and occupancy shall
be issued prior to operation.
New occupancy shall comply with Virginia Mechanical Code for proper ventilation.
Van accessible parking and unloading provided as required. Van signage must comply with
Page 3
CUP #07-16, Ginger Teets (Cottage Occupation)
August 3, 2016
USBC 1106.8. Accessible route shall be provided to the main entrance. Maximum slope for
accessible route is 1:20 (5%).
Winchester-Frederick County Health Department: Health Department has no objection to the
above request. No employees may work onsite. No customers may access bathroom facilities.
Frederick County Fire Marshall: Plans approved.
Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering land use actions. The location of
this proposed sale of archery equipment and supplies business is in a part of the County that is
planned to remain primarily rural in nature, and not part of any current land use study. The
Frederick County Zoning Ordinance allows a cottage occupation in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit (CUP). The proposed use will take place
within existing structures (an outbuilding/shed) on the Applicant’s property and is generally
compatible with surrounding rural residential uses. The Applicant anticipates three (3) to four (4)
customers per day, and will operate 11 a.m. to 6 p.m. Tuesday through Friday and 8 a.m. to 6
p.m. on Saturdays. The Applicant is also requesting a single cottage occupation sign that will not
exceed four (4) square feet (SF) in area. The site has not been previously approved for a
Conditional Use Permit.
STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this application for a cottage occupation to be appropriate,
staff recommends that the following conditions bet attached to the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. One, small, cottage occupation sign permitted with approval of the Conditional Use
Permit.
3. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00
a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays.
4. No more than four (4) customers per day.
5. No employees permitted, beyond those residing on the premises.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
ST671
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281THREECREEKS RD
204MONARCH LN
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3615GREENSPRING RD
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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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CUP #07-16
CUP # 07 - 16Ginger TeetsPIN:13 - 3 - 16Cottage Occupation - Sale of Archery Supplies
ST671
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281THREECREEKS RD
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CUP # 07 - 16Ginger TeetsPIN:13 - 3 - 16Cottage Occupation - Sale of Archery Supplies
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REZONING APPLICATION #07-16
SENSENY ROAD RENTALS, LLC
Staff Report for the Planning Commission
Prepared: July 22, 2016
Staff Contact: Candice E. Perkins, Assistant Director
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: 08/03/16 Pending
Board of Supervisors: 09/14/16 Pending
PROPOSAL: To rezone 2 acres from RP (Residential Performance) District to RA (Rural Areas)
District.
LOCATION: The property is located on Senseny Road (Route 657) approximately 350’ west of
Ashley Drive (Route 1145).
EXCUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING
COMMISSION MEETING:
The Senseny Road Rentals application seeks to downzone 2 acres from the RP (Residential
Performance) District with proffers to the RA (Rural Areas) District without proffers. This rezoning
seeks to eliminate the proffers associated with Rezoning #07-06 which rezoned the property from the
RA District to the RP District with proffers. The 2006 rezoning allowed for four single-family
dwellings and required the construction of a new public road. The Applicant is seeking to rezone the
property back to the RA District and eliminate the proffers to allow for the construction of one single-
family dwelling. One dwelling (mobile home) currently exists on the priority which would be removed
to allow for the new dwelling.
The Senseny/Eastern Frederick Urban Area Plan of the 2030 Comprehensive Plan identifies this general
area with residential land uses. The current RP Zoning of the subject property is in conformance with
the goals of the Comprehensive Plan; however the current proffers associated with this property could
make development of the site impractical due to the proffer for a new public road to serve the four lots
and the requirement for a homeowners association. Therefore, the downzoning of the site to allow for
one single-family dwelling that would replace the existing mobile home may be preferable. This
requested downzoning would also eliminate the allowance for the three additional dwelling units which
would reduce the impact on capital facilities.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #07-16 – Senseny Road Rentals, LLC
July 11, 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: 08/03/16 Pending
Board of Supervisors: 09/14/16 Pending
PROPOSAL: To rezone 2 acres from RP (Residential Performance) District to RA (Rural Areas)
District. This rezoning seeks to eliminate the proffers associated with Rezoning #07-06 which rezoned
the property from the RA (Rural Areas) District to the RP (Residential Performance) District with
proffers. The 2006 rezoning allowed for four single-family dwellings and required the construction of a
new public road. The Applicant is seeking to rezone the property back to the RA District and eliminate
the proffers to allow for the construction of one single-family dwelling. One dwelling (mobile home)
currently exists on the priority which would be removed to allow for the new dwelling.
LOCATION: The property is located on Senseny Road (Route 657) approximately 350’ west of
Ashley Drive (Route 1145).
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBER: 65-A-46
PROPERTY ZONING: RP (Residential Performance) District
PRESENT USE: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RP (Residential Performance) Use: Residential
PROPOSED USES: One single-family dwelling
Rezoning #07-16 – Senseny Road Rentals, LLC
July 11, 2016
Page 3
REVIEW EVALUATIONS: None Required.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the
parcel as being zoned A-2 Agricultural. The County’s A-1 and A-2 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 (Rural Areas) District. Rezoning #07-06 for Senseny Road rentals was approved by the
Board of Supervisors on August 23, 2006 which rezoned the property to the RP (Residential
Performance) District with proffers.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is an official public document that serves as the Community's
guide for making decisions regarding development, preservation, public facilities and other key
components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
Land Use
The parcel comprising this rezoning application is located within the County’s Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area defines the general area in which more intensive forms of residential
development will occur. In addition, the Senseny/Eastern Frederick Urban Area Plan of the
2030 Comprehensive Plan identifies this general area with residential land uses.
The current RP Zoning of the subject property is in conformance with the goals of the
Comprehensive Plan, however the current proffers associated with this property could make
development of the site impractical due to the proffer for a new public road to serve the four lots
and the requirement for a homeowners association. Therefore, the downzoning of the site to
allow for one single-family dwelling that would replace the existing mobile home may be
preferable. Also, this would eliminate the allowance for the three additional dwelling units
which would reduce the impact on capital facilities.
3) Potential Impacts:
The rezoning from 2006 proffered a right-of-way dedication for Senseny Road, frontage
improvements to Senseny Road that included widening and paving of the roadway. With this
downzoning, these proffers would be eliminated if approved. It should be noted that with the
increased dwelling setback (60 foot building restriction line from the edge of the Senseny Road
right-of-way), there would be sufficient area to widen this road in the future but VDOT would
need to work with the property owner to gain the necessary dedication.
Rezoning #07-16 – Senseny Road Rentals, LLC
July 11, 2016
Page 4
EXCUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING
COMMISSION MEETING:
The Senseny Road Rentals application seeks to downzone 2 acres from the RP (Residential
Performance) District with proffers to the RA (Rural Areas) District without proffers. This rezoning
seeks to eliminate the proffers associated with Rezoning #07-06 which rezoned the property from the
RA District to the RP District with proffers. The 2006 rezoning allowed for four single-family
dwellings and required the construction of a new public road. The Applicant is seeking to rezone the
property back to the RA District and eliminate the proffers to allow for the construction of one single-
family dwelling. One dwelling (mobile home) currently exists on the priority which would be removed
to allow for the new dwelling.
The Senseny/Eastern Frederick Urban Area Plan of the 2030 Comprehensive Plan identifies this general
area with residential land uses. The current RP Zoning of the subject property is in conformance with
the goals of the Comprehensive Plan; however the current proffers associated with this property could
make development of the site impractical due to the proffer for a new public road to serve the four lots
and the requirement for a homeowners association. Therefore, the downzoning of the site to allow for
one single-family dwelling that would replace the existing mobile home may be preferable. This
requested downzoning would also eliminate the allowance for the three additional dwelling units which
would reduce the impact on capital facilities.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
ST657
209GLENRIDGE DR
211GLENRIDGE DR
213GLENRIDGE DR 112ASHLEY DR
105ASHLEYCIR
108ASHLEYCIR
106ASHLEYCIR
108ASHLEY DR
104ASHLEYCIR 102ASHLEYCIR 100ASHLEYCIR
101ASHLEY DR
103ASHLEY DR
205GLENRIDGE DR
207GLENRIDGE DR
2691SENSENY RD
2713SENSENY RD
106DELL CT
2677SENSENY RD
104DELL CT
108DELL CT
102DELL CT
220CANYON RD
103DELL CT
105DELL CT
107DELL CT
212CANYON RD
216CANYON RD
214CANYON RD
218CANYON RD
204CANYON RD
202CANYON RD
208CANYON RD
206CANYON RD
210CANYON RD
219CANYON RD
217CANYON RD
200CANYON RD
110SENSENYGLEN DR
203CANYON RD
207CANYON RD
205CANYON RD
211CANYON RD
209CANYON RD
101RANGE CT 102RANGE CT
202SENSENYGLEN DR
105RANGE CT103RANGE CT 104RANGE CT
65 A 46
ASHLEY CIR
CANYON R
D
SENSENY R
D
Applications
Parcels
Sewer and Water Service Area
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: July 11, 2016Staff: cperkins
SENSENY RD
CANYON RD
SENSENY GLEN DR
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REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
0 150 30075 Feet
REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
REZ #07-16
ST657
209GLENRIDGE DR
211GLENRIDGE DR
213GLENRIDGE DR 112ASHLEY DR
105ASHLEYCIR
108ASHLEYCIR
106ASHLEYCIR
108ASHLEY DR
104ASHLEYCIR 102ASHLEYCIR 100ASHLEYCIR
101ASHLEY DR
103ASHLEY DR
205GLENRIDGE DR
207GLENRIDGE DR
2691SENSENY RD
2713SENSENY RD
106DELL CT
2677SENSENY RD
104DELL CT
108DELL CT
102DELL CT
220CANYON RD
103DELL CT
105DELL CT
107DELL CT
212CANYON RD
216CANYON RD
214CANYON RD
218CANYON RD
204CANYON RD
202CANYON RD
208CANYON RD
206CANYON RD
210CANYON RD
219CANYON RD
217CANYON RD
200CANYON RD
110SENSENYGLEN DR
203CANYON RD
207CANYON RD
205CANYON RD
211CANYON RD
209CANYON RD
101RANGE CT 102RANGE CT
202SENSENYGLEN DR
105RANGE CT103RANGE CT 104RANGE CT
65 A 46
ASHLEY CIR
CANYON R
D
SENSENY R
D
Applications
Parcels
Sewer and Water Service Area
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 11, 2016Staff: cperkins
SENSENY RD
CANYON RD
SENSENY GLEN DR
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REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
0 150 30075 Feet
REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
REZ #07-16
ST657
215GLENRIDGE DR216GLENRIDGE DR
214GLENRIDGE DR 213GLENRIDGE DR
112ASHLEY DR
105ASHLEYCIR
108ASHLEYCIR
108ASHLEY DR
106ASHLEY DR
103ASHLEY DR
105ASHLEY DR
206GLENRIDGE DR
209GLENRIDGE DR
211GLENRIDGE DR
106ASHLEYCIR
104ASHLEYCIR 102ASHLEYCIR 100ASHLEYCIR 101ASHLEY DR
205GLENRIDGE DR
207GLENRIDGE DR
2691SENSENY RD
2713SENSENY RD
106DELL CT 2677SENSENY RD
104DELL CT
108DELL CT
102DELL CT
220CANYON RD
103DELL CT
105DELL CT
107DELL CT
212CANYON RD
216CANYON RD
214CANYON RD
218CANYON RD
108SENSENYGLEN DR
106SENSENYGLEN DR
204CANYON RD
202CANYON RD
208CANYON RD
206CANYON RD
210CANYON RD
219CANYON RD
217CANYON RD
200CANYON RD
110SENSENYGLEN DR
203CANYON RD 207CANYON RD
205CANYON RD
211CANYON RD
209CANYON RD
101RANGE CT 102RANGE CT
202SENSENYGLEN DR
105RANGE CT103RANGE CT 104RANGE CT
65 A 46
ASHLEY CIR
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Applications
Parcels
Sewer and Water Service Area
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
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 11, 2016Staff: cperkins
SENSENY RD
CANYON RD
SENSENY GLEN DR
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REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
0 160 32080 Feet
REZ # 07 - 16Senseny Road Rentals LLCPIN:65 - A - 46Rezoning from RP to RA
REZ #07-16