PC 08-17-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
August 17, 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) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
4) Conditional Use Permit #08-16 for Crossroad Grocery, Greenway Engineering Inc.,
submitted for a Country General Store Addition. The property is located at northwest
intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654)
and is identified with Property Identification Number 42-A-307 and 42-A-309A in the
Gainesboro Magisterial District.
Mr. Cheran ................................................................................................................... (A)
5) North Opequon Agricultural and Forestal District - Request of Cumberland
Properties IV, LLC. to remove parcels totaling 407.48+/- acres from the North Opequon
Agricultural and Forestal District. These parcels are identified as Property Identification
Numbers 45-A-10V, 45-A-10W, 45-A-30, 45-A-31, 45-A-32, and 45-A-32A and is
located in the Opequon Magisterial District.
Mr. Cheran .................................................................................................................... (B)
ACTION ITEM
6) Rezoning #08-16 WWW, LC submitted by Greenway Engineering, Inc., to revise proffers
associated with Rezoning #03-03. This revision relates to the implementation of certain
transportation proffers. The subject property is located at the northwest side of the
Northwestern Pike (US Route 50 West) and Retail Boulevard intersection in the Gainesboro
Magisterial District, and is identified by Property Identification Number 52-A-B. This item
is presented for informational purposes only.
Mr. Bishop .................................................................................................................... (C)
7) 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
CONDITIONAL USE PERMIT #08-16
CROSSROAD GROCERY
Staff Report for the Planning Commission
Prepared: August 9, 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: 08/17/16 Pending
Board of Supervisors: 09/14/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Country General Store with Fuel Sales. Should the Planning Commission find this application
for a Country General Store with Fuel Sales 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. An engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site. The project site
will adhere to commercial parking and landscaping standards.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4. Store and fuel sales hours of operation shall be 5:00 a.m. to 10:00 p.m. Monday-
Sunday.
5. No outdoor display of goods will be permitted.
6. Fueling of commercial over the road tucks (tractor trailer) will not be permitted.
7. 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 2
CUP #08-16, Crossroad Grocery
August 9, 2016
LOCATION: This property is located at the intersection of North Frederick Pike (Route 522
North) and Cedar Grove Road (Route 654).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 42-A-307 and 42-A-309A
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Country Store with Fuel Sales
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential / Commercial
South: RA (Rural Areas) Use: Residential Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Expansion of Country General Store
REVIEW EVALUATIONS:
Virginia Department of Transportation: Please see attached email from Timothy Rhodes,
VDOT-Land Development Engineer dated July 20, 2016. Please see email from John Bishop,
Frederick County Assistant Director Transportation dated August 8, 2016.
Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide
Building Code and Section 309, use group M (Mercantile) and Section 302, use group B
(Business) of the International Building Code/2012. Other code that apply are ICC/ ANSI
A117.1-2009 Accessible and Usable Buildings and Facilities, National Fire Protection Agency
30 and International Fire Code 2012.
Demolition permit is required to remove existing structure. Asbestos inspection is required for
buildings built prior to 1985.
Addition to an existing M-Merchantile Building shall meet height and area per T503 with
allowable increases. Building plans submitted for permitting for proposed canopy shall be
designed by a registered design professional licensed in the state of Virginia.
Page 3
CUP #08-16, Crossroad Grocery
August 9, 2016
Installation of gas fueling equipment and fuel storage tanks shall be in accordance with the
International Fire Code 2009 & NPFA 30. Emergency fuel shut off is required within 100’ of the
fueling station. Underground and/or above ground tanks shall meet distance requirements for the
size as applicable in NFPA 30 and IFC 2012.
Handicap parking shall comply with ANSI A117-09. A minimum of two accessible parking and
unloading space are required. One van accessible space is required per 1106.5 IBC 09. Van
accessible parking shall have a minimum of 11’ width with 5’ unloading area or a minimum of
8’ unloading area with an 8’ width per Section 502 ANSI. Maximum 2% slope required for
parking and unloading. Please provide elevations at the four corners of the parking area and four
corners of the unloading area to main entrance of facility.
Additional comments may be requires upon site plan submittal.
Please note the requirements in Chapter 17 of USBC/IBC for special inspection requirements on
the type of structure (Soils, Concrete etc.) Compaction/soil bearing/soil testing shall be required
for placement of new store.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection to the request so long as water use is not increased.
Frederick County Fire Marshall: Plans approved.
Planning and Zoning: A Country General Store is a permitted use in the Rural Areas (RA)
Zoning District with an approved Conditional Use Permit (CUP). The Crossroads Grocery
provides general grocery and beverage merchandise, fuel sales, and small prepared food service
area without seating. This Country General Store has been operating for more than fifty (50)
years, and research of County records revealed that a CUP had never been approved for the
existing Country General Store. Therefore, this use was established prior to this requirement; and
is considered to be a legally non-conforming use. This increase in the level of non-conformity
may be accomplished through the approval of a CUP.
The CUP enables the County to place restrictions/conditions on a use when a use is considered
appropriate in an effort to mitigate proposed impacts. It is the Applicant’s desire to expand the
size of this use by adding a 1,500 sq. ft. addition to the store and 3,000 sq. ft. fueling canopy and
fuel area. The 1,500 sq. ft. addition to the store will allow for additional merchandise sales and
storage, as well as the ability to expand the existing restroom facility; to provide for a handicap
accessible unisex restroom. Store hours shall be 5:00 a.m. to 10:00 p.m. Monday-Sunday. The
additional fuel area will add eight (8) additional fueling stations providing gasoline and diesel
fuel sales. Fueling hours shall be same as the store hours. Only takeout food preparations will be
allowed, and outdoor display of goods will not be permitted with this use.
Page 4
CUP #08-16, Crossroad Grocery
August 9, 2016
Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50)
square feet in area, and ten (ten) feet in height. An engineered site plan shall be submitted to and
approved by Frederick County, and the site improved accordingly, prior to operating store
activities on site. The project site will adhere to commercial parking and landscaping standards.
The site plan shall be in conformance with all requirements of the CUP and Frederick County
Zoning Ordinance.
The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides
guidance when considering land use actions. The location of this proposed country general store
is not in an area where a small area land use study has been adopted by the County.
Nevertheless, the proposed country general store is consistent with the goals of the
Comprehensive Plan. Specifically, land use goals for the rural areas of the County identify the
importance of maintaining a rural character in areas outside of the Urban Development Area
(UDA).
STAFF CONCLUSIONS FOR THE 08/17/16 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. An engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site. The project site will
adhere to commercial parking and landscaping standards.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4. Store and fuel sales hours of operation shall be between 5:00 a.m. to 10:00 p.m. Monday
–Sunday.
5. No outdoor display of goods will be permitted.
6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
7. 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.
01522
ST654
42 A 307
42 A309A
3017N FREDERICKPIKE
2993N FREDERICKPIKE
118MARPLE RD
104CEDARGROVE RD
2968N FREDERICKPIKE
3005N FREDERICKPIKE
136CEDARGROVE RD
146CEDARGROVE RD
3018N FREDERICKPIKE
139CEDARGROVE RD
152CEDARGROVE RD
157CEDARGROVE RD
3044N FREDERICKPIKE 143CEDARGROVE RD
145CEDARGROVE RD
147CEDARGROVE RD
169CEDARGROVE RD
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 27, 2016Staff: mcheran
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CUP # 08 - 16Crossroad GroceryPINs:42 - A - 307, 42 - A - 309AAddition
0 100 20050 Feet
CUP #08-16
CUP # 08 - 16Crossroad GroceryPINs:42 - A - 307, 42 - A - 309AAddition
01522
CUP #08-16
Crossroads Grocery CUP 1 June 1, 2016
Crossroads Grocery – Country General Store & Fuel Expansion Project
Summary
Crossroads Grocery is a long-time established Country General Store that has served residents of
the County for more than 50 years. Cross Roads Grocery is located at the northwest intersection
of North Frederick Pike (US Route 522 North) and Cedar Grove Road (R oute 654) in the
Gainesboro Magisterial District. The Country General Store currently provides general grocery
and beverage merchandise, fuel sales and a small prepared food service area without seating to
residents of the County and serves as a landmark in the Nain community.
Crossroads Grocery has engaged Greenway Engineering to assist in the development of a
Conditional Use Permit Application to allow for the future expansion on the facility. The property
owners desire to expand the existing Country General Store to provide for a building addition that
is approximately 1,500 square feet in gross floor area. The proposed building addition will be
located to the rear of the existing structure and will allow for additional merchandise sales and
storage area, as well as the ability to expand the existing restroom facility to provide for a unisex
restroom that is handicap accessible. Additionally, the property owners desire to incorporate a
new fuel service area and canopy located behind the Country General Store that will include eight
new fueling stations providing gasoline and diesel fuel sales.
Greenway Engineering has worked with the property owners to prepare a conceptual layout plan
for the proposed improvements described above. The plan entitled Crossroads Grocery Expansion
Layout Exhibit dated 6-29-15, identifies the existing and proposed site conditions that would be
applicable to Tax Map Parcels 42-A-307 and 42-A-309A through an approved Conditional Use
Permit. The information below is relevant to this project and is intended to assist the review
agencies with their consideration of comments for the Conditional Use Permit.
Transportation Improvements
The future site improvements will provide for a new right-in/right-out entrance on North
Frederick Pike approximately 275’ north of the signalized intersection. The property
owner will provide turn lane arrows on the existing pavement between the signalized
intersection and the new entrance to incorporate a right-turn lane into the new entrance.
The future site improvements will provide for the closure of the existing right-in/right-out
entrance on North Frederick Pike that is approximately 150’ north of the signalized
intersection.
The future site improvements will provide for a new commercial entrance on Cedar Grove
Road that is approximately 285’ north of the signalized intersection. This new entrance is
needed for fuel delivery and for improved customer access to the project site. The new
entrance will need to be located close to the northern property boundary to allow for safe
sight-distance for traffic traveling south on Cedar Grove Road.
Crossroads Grocery CUP 2 June 1, 2016
If the property owners need to process an Access Management Exception Request with
VDOT to obtain approvals for the proposed entrances, this will be accomplished during
the Site Plan process.
Site Improvements
The future site improvements will include removal of the existing residential structure
located on the property. This will be accomplished prior to the issuance of a Certificate of
occupancy Permit for the proposed improvements.
The future improvements will include new parking lot areas that will allow for sufficient
parking spaces, handicap spaces, travel aisles and maneuvering areas to effectively
accommodate vehicular access throughout the site.
The future site improvements will not impact the existing drain field area and a drain field
buffer area will be established on the Site Plan that complies with Health Department
standards.
Structural Improvements
The future structural improvements will allow for the replacement of the existing unisex
bathroom with a new unisex bathroom that is handicap accessible.
The future structural improvements will include additional space for merchandise and
storage, but will not include seating areas for prepared food service.
Health Department Matters
The future improvements will not increase impacts to the existing septic system and well
system. There will not be an increase in restroom or food preparation facilities above what
is currently permitted by the Health Department.
The future improvements will not impact the existing drain field area. The Site Plan that
will be prepared for the proposed improvements will include a drain field buffer area.
B
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to Remove Parcels 45-A-10V, 45-A-10W, 45-A-30, 45-A-31, 45-
A-32 and 45-A-32A, owned by Cumberland Properties IV, LLC. from the
North Opequon Agricultural and Forestal District.
DATE: August 3, 2016
Please find attached a letter from agent for Cumberland Properties IV, LLC, dated July
15, 2016. Mr. Cumberland has requested the removal of the above-referenced parcels
from the North Opequon Agricultural and Forestal District. The North Opequon
Agricultural and Forestal District was established in 2013 and has been renewed one
time. The most recent renewal of this District occurred in 2015 for a period of five years.
Currently, 407.48+/- acres are contained in this District.
Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners
with the ability to request removal of land from an Agricultural and Forestal District
through a public process via the local governing body. Mr. Cumberland desires to remove
six (6) parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal
District. The removal of these parcels will extinguish the District.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on July 26, 2016. The ADAC unanimously recommended that the six (6)
parcels totaling 407.48+/- acres be removed from the North Opequon Agricultural and
Forestal District. Staff will present mapping during the Planning Commission Meeting
which delineates the location of this acreage.
CLARKE COUNTYVIRGINIA
45 A 32
45 A 30
45 A 32
45 A 31
45 A 10V
45 A 32A
45 A 10W
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Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: July 14, 2016
PIN Owner Acres Ag & Forestal Districts45 A 10V CUMBERLAND PROPERTIES IV INC 6.50 North Opequon45 A 10W CUMBERLAND PROPERTIES IV INC 6.62 North Opequon45 A 30 CUMBERLAND PROPERTIES IV LLC 98.91 North Opequon45 A 31 CUMBERLAND PROPERTIES IV LLC 50.75 North Opequon45 A 32 CUMBERLAND PROPERTIES IV LLC 237.41 North Opequon45 A 32A CUMBERLAND PROPERTIES IV LLC 7.29 North Opequon
Property Pending Removal from the2015-2020 Agricultural & Forestal Districts
Parcels
C
REZONING APPLICATION #08-16
WWW, LC
Staff Report for the Planning Commission
Prepared: August 9, 2016
Staff Contact: John A. Bishop, AICP Assistant Director-Transportation
Reviewed Action
Planning Commission: 08/17/16 Pending; Public Meeting
Board of Supervisors: 09/14/16 Pending; Public Meeting
PROPOSAL: To revise proffers associated with Rezoning #03 -03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/17/16 PLANNING
COMMISSION MEETING:
Rezoning #03-03 rezoned nearly 71 acres along the north side of Route 50 west of Route 37 where
businesses such as Walmart, Applebee’s, Sonic, and the Bank of Clarke County are now located. That
rezoning encompassed numerous transportation proffers such as improvements to Route 50 and the
interchange of Route 50 and Route 37. In addition, that rezoning called for the construction of a major
collector roadway behind where the Walmart is now located to connect Route 50 and Botanical Boulevard.
This roadway network is depicted in Master Development Plan #07 -04 which is also referenced in the
proffers. Through the development process there were alterations to the layout that was envisioned at that
time and the first section of that major collector roadway was constructed as Retail Boulevard which, along
with an additional access point along Route 50, has provided the access to the retail area that is now anchored
by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final portions of
the proffered collector roadway. As ownership has changed on significant portions of the original rezoning,
the Applicant is seeking the proffer modification on their remaining 28.17 acres contained in parcel 52-A-B.
Some items to note as this application is considered would be that VDOT and the County Attorney have
provided comments regarding concerns they have. Regarding proffer B2, VDOT notes that some additional
undeveloped parcels from the original rezoning should be included in the square footage requirement that is
being proposed to trigger the roadway and the County Attorney notes concerns with the fact that the right-of-
way is under a different LLC entity and that the contract to construct in proffer B4 does not represent an
actual guarantee to construct the roadway but merely an obligation to a 3rd party.
Staff is supportive of this request for a minor proffer modification to the road phasing and construction
subject to VDOT and County Attorney comments.
A recommendation regarding this rezoning application to the Board of Supervis ors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
Rezoning #08-16 WWW, LC
August 10, 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: 08/17/16 Pending; Public Meeting
Board of Supervisors: 09/14/16 Pending; Public Meeting
PROPOSAL: To revise proffers associated with Rezoning #03 -03. Specifically this action impacts the
implementation of Petticoat Gap Lane and the extension of Retail Boulevard.
LOCATION: The site is located at the northwest quadrant of Northwestern Pike (US Rt. 50 West) and Retail
Boulevard intersection.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 52-A-B
PROPERTY ZONING: B2 (General Business)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural
South: B2 (General Business) Use: VDOT/Vacant
B3 (Industrial Transition)
East: B2 (General Business) Use: Vacant/Bank
West: B2 (General Business) Use: Vacant
Rezoning #08-16 WWW, LC
August 10, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see emails dated 4/14/16 and 10/30/15 from Matthew Smith P.E,
Area Land Use Engineer.
County Attorney: Please see letter dated March 10, 2016 from County Attorney Roderick B. Williams.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject
parcel as being zoned A-2 (Agricultural General). 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. In
1995 parcel 52-A-B was subdivided and sold at auction to WWW L.C. In 2003 the property was
rezoned, with proffers, to the B2 Zoning District.
2) Comprehensive Policy Plan
The WWW, LC site is located within the Round Hill Community Land Use Plan. The site is located
wholly within the Sewer and Water Service Area (SWSA). The Round Hill Community Land Use
Plan envisions the development of business/office land uses subject to the availability of central
sewer and water facilities.
The Round Hill Community Plan recognizes two distinct yet connected areas of development. There
is the core rural community center area centered around Round Hill Road and the more comm ercial
areas located along Route 50. This rezoning is located within the Route 50 Commercial area.
The Round Hill Community Plan recommends the employment of design techniques to ensure the
contextual compatibility of new commercial development in the Round Hill Community. Such
techniques are intended to preclude the visual disruption of the Route 50 corridor while also
promoting development whose configuration and appearance reflects the established character of the
Round Hill Community. It is also noted that strip commercial development is explicitly discouraged
within the Round Hill Community.
3) Proffer Statement
Proffered Street Improvements
The Applicant is proffering the following:
1. Dedicate the right-of-way for the Retail Boulevard extension and Petticoat Gap Lane within 180
days of the Conditional Zoning Amendment approval by the Board of Supervisors.
2. The owner shall limit site development to 50,000 square feet before completion of the construction
of the Retail Boulevard extension and Petticoat Gap Lane.
3. The owner shall prepare a public improvement plan for the construction of the above mentioned
roadways concurrent with the first site plan that exceeds 50,000 square feet of structural area.
Rezoning #08-16 WWW, LC.
August 9, 2016
Page 4
4. The Applicant must bond or provide evidence of an executed contract for construction of the above
noted roadways prior to the issuance of the Certificate of Occupancy Permit for the site plan which
exceeds 50,000 square feet.
5. The combined trip generation for the parcels identified in Master Development Plan #07-04 shall not
exceed 15,000 trips per day without further approval from the County. When the total for existing
traffic and the ITE trip generation report projected traffic exceeds 15,000 the Applicant must
perform an updated TIA. Additional site plans will not be approved until the County is satisfied that
adequate and manageable levels of service will exist on state or internal site roadways.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/17/16 PLANNING
COMMISSION MEETING:
Rezoning #03-03 rezoned nearly 71 acres along the north side of Route 50 west of Route 37 where
businesses such as Walmart, Applebee’s, Sonic, and the Bank of Clarke County are now located. That
rezoning encompassed numerous transportation proffers such as improvements t o Route 50 and the
interchange of Route 50 and Route 37. In addition, that rezoning called for the construction of a major
collector roadway behind where the Walmart is now located to connect Route 50 and Botanical Boulevard.
This roadway network is depicted in Master Development Plan #07-04 which is also referenced in the
proffers. Through the development process there were alterations to the layout that was envisioned at that
time and the first section of that major collector roadway was constructed as Retail Boulevard which, along
with an additional access point along Route 50, has provided the access to the retail area that is now
anchored by Walmart.
The Applicant is now proposing to modify the proffers related to the implementation of the final po rtions of
the proffered collector roadway. As ownership has changed on significant portions of the original rezoning,
the Applicant is seeking the proffer modification on their remaining 28.17 acres contained in parcel 52 -A-B.
Some items to note as this application is considered would be that VDOT and the County Attorney have
provided comments regarding concerns they have. Regarding proffer B2, VDOT notes that some additional
undeveloped parcels from the original rezoning should be included in the square footage requirement that is
being proposed to trigger the roadway and the County Attorney notes concerns with the fact that the right-of-
way is under a different LLC entity and that the contract to construct in proffer B4 does not represent an
actual guarantee to construct the roadway but merely an obligation to a 3rd party.
Staff is supportive of this request for a minor proffer modification to the road phasing and construction
subject to VDOT and County attorney comments.
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.
0150
ST803
52 A B
2275NORTHWESTERNPIKE2275NORTHWESTERNPIKE
137ROUNDHILL RD 100STONEWALL DR
101STONEWALL DR 2177NORTHWESTERNPIKE
2161NORTHWESTERNPIKE 2153NORTHWESTERNPIKE
2147NORTHWESTERNPIKE
2255NORTHWESTERNPIKE
180CROCKWELLS MILL
110CROCKWELLS MILL 150CROCKWELLS MILL
2340NORTHWESTERNPIKE
501WALMART DR
501WALMART DR
501WALMART DR
501WALMART DR
2106NORTHWESTERNPIKE
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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 14, 2016Staff: jbishop
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REZ # 08 - 16WWW, LCPIN:52 - A - BModified Proffers
0 330 660165 Feet
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REZ # 08 - 16WWW, LCPIN:52 - A - BModified Proffers
REZ #08-16
0150
ST803
52 A B
2275NORTHWESTERNPIKE2275NORTHWESTERNPIKE
137ROUNDHILL RD 100STONEWALL DR
101STONEWALL DR 2177NORTHWESTERNPIKE
2161NORTHWESTERNPIKE 2153NORTHWESTERNPIKE
2147NORTHWESTERNPIKE
2255NORTHWESTERNPIKE
180CROCKWELLS MILL
110CROCKWELLS MILL 150CROCKWELLS MILL
2340NORTHWESTERNPIKE
501WALMART DR
501WALMART DR
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501WALMART DR
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Applications
Parcels
Sewer and Water Service Area
Building Footprints
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 14, 2016Staff: jbishop
Round Hill
NORTHWESTERN PIKE
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REZ # 08 - 16WWW, LCPIN:52 - A - BModified Proffers
REZ #08-16
STONEWALLORCHARDSubdivision
0150
ST803
52 A B
435WOODCHUCK LN
365ROCKHARBOR DR 219ROUNDHILL RD
183ROUNDHILL RD 104STONEWALL DR
106STONEWALL DR
108STONEWALL DR
103STONEWALL DR
107STONEWALL DR
109STONEWALL DR
2275NORTHWESTERNPIKE
2275NORTHWESTERNPIKE
100STONEWALL DR
137ROUNDHILL RD
324ROUNDHILL RD344ROUNDHILL RD
101STONEWALL DR 2177NORTHWESTERNPIKE 2153NORTHWESTERNPIKE
2161NORTHWESTERNPIKE
2255NORTHWESTERNPIKE
180CROCKWELLS MILL
110CROCKWELLS MILL 150CROCKWELLS MILL
2340NORTHWESTERNPIKE
501WALMART DR
2106NORTHWESTERNPIKE
400CLOCKTOWERRIDGE
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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 14, 2016Staff: jbishop
Round Hill
NORTHWESTERN PIKE
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0 420 840210 Feet
NORTHWESTERN PIKE
REZ # 08 - 16WWW, LCPIN:52 - A - BModified Proffers
REZ #08-16
52 A B
Winchester & Western RR
NORTHWESTERN PIKE NORTHWESTERN PIKE
£¤50
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rs803
rs858
ROUND HILL RD
W A R D A V E
STONEWALL DR
M
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KATHY CT
C O L I N C T
MERRIMANS PL
E C H O L N
R E T A I L B L V D
WALMART DR
A L L E Y
C R O C K W E L L S M I L L D R
L I M E S T O N E L N
B O T A N I C A L B L V D
ALLEY
ALLEY
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
2 0 1 6 W W W P R O F F E R A M E N D M E N T
G A I N
E S B O R O M A G I S T E R I A L D I S T R I C
T
Z O N
I N G A N D L O C A T I O N E X H
I B I T
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -0 6
P R O J E C T I D : 4 9 2 8 S
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 5 0 0 F e e t
Le gend
TM 5 2-A-B
Pa rce l Bou ndary
Winche ster City L imits
Frederick County Zoning
B2 (Business, Gen eral D istrist)
B3 (Business, Industrial Tran sition District)
EM (E xtractive Manufactu ring D istrict)
MS (M edica l Services District)
RA (R ural A rea District)
RP (Resid ential, Performance District)500 0 500250
Feet
Z O N I N G A N D L O C A T I O N E X H I B I T
2 0 1 6 W W W P R O F F E R
A M E N D M E N T
q
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LOCATIO N MAP