PC 02-03-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 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) November 18, 2015 and December 2, 2015 Minutes ..................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #05-15 for the Winchester Chapter of the Izaak Walton
League, which submitted for an expansion of non-conforming, use (outdoor
recreation/shooting area). The property is located at 2863 Millwood Pike, and is identified
with Property Identification Number 77-A-72 in the Shawnee Magisterial District.
Mr. Cheran ...................................................................................................................... (B)
6) 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 3283
Minutes of November 18, 2015
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 November 18, 2015
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;
Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek
District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M.
Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District;
Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: J. Stanley Crockett, Stonewall District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A.
Bishop, Deputy Director Transportation; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the November 18, 2015 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 Triplett, 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 Manuel, the
Planning Commission adopted the minutes of their October 21, 2015 meeting.
Frederick County Planning Commission Page 3284
Minutes of November 18, 2015
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 11/09/15
Deputy Director, Michael T. Ruddy reported the committee met and continued discussion
and review of key sections of the Plan.
City of Winchester Planning Commission – Mtg. 11/17/15
Commissioner Fieo reported a Public Hearing was held regarding a CUP (Conditional
Use Permit) for Verizon at 385 Battle Drive, this was recommended for approval. He concluded an
ordinance to rezone 55.8 acres containing 110 parcels was discussed. This will be named the Millwood
Avenue Enhancement District.
Board of Supervisors Report – Mtg. 11/12/15
Board of Supervisors’ Liaison, Supervisor Robert Hess, reported the Board reviewed
numerous items pertaining to the Planning Commission. They items that were addressed were: REZ #09-
15 Artillery Business Center , the applicant requested postponement until December 9, 2015; CUP #03-15
Gary Rogers Arghyris, this was approved; REZ #07-15 Woodside Land Company, LLC, this was
postponed until December 9, 2015; REZ #08-15 McCann Office Park, this was approved; Ordinance
Amendment for Self-Storage Facilities, this was not approved; Ordinance Amendment to zoning, this was
approved; Ordinance Amendment to setbacks within Agricultural and Forestal Districts, this was
approved; the inclusion of 35 parcels to Agricultural and Forestal Districts was approved.
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #10-15 Heritage Commons, LLC, submitted by Greenway Engineering, Inc. to rezone
96.28+/- acres from B2 (Business General) District to R4 (Residential Planned Community) District,
54+/- acres from RP (Residential Performance) District to R4 (Residential Planned Community)
District and .31+/- acres from the RA (Rural Areas) District to the R4 (Residential Planned
Community) District with proffers. The properties are located west of the intersec tion of Front
Royal Pike (Route 522) and Airport Road (Route 645) and are identified by the Property
Identification Numbers 63-A-150, 64-A-10, and 64-A-12 in the Shawnee Magisterial District.
Frederick County Planning Commission Page 3285
Minutes of November 18, 2015
Action – Recommend Approval with Modifications
Deputy Director, Michael T. Ruddy reported the applicant is attempting to rezone 150
acres to the R4 (Residential Planned Community) District. He continued this application is substantially
different from the previous application submitted over the past year. Mr. Ruddy reported the R4
(Residential Planned Community) District enables a mix of uses, but more importantly enables the
Applicant to modify the ordinance, tailoring it to the envisioned development. He noted the R4
(Residential Planned Community) District seeks to enable innovative design. Mr. Ruddy continued it is
stated in the intent of the R4 (Residential Planned Community) District, “special care is taken in the
approval of R4 developments to ensure that necessary facilities, roads, and improvements are available or
provided to support the R4 development.”
Mr. Ruddy reported the Applicant has included 12 zoning ordinance modifications within
the modification document for this rezoning request, a land use matrix table to clarify the balance of land
uses, and a GDP (Generalized Development Plan) map that illustrates the land bays.
Mr. Ruddy reported in addition the Applicant has proffered: capital facility impacts;
transportation improvements; recreational amenities; phasing. He continued by emphasizing issues
identified by Staff that should be addressed by the Applicant: land use; fiscal impacts; transportation.
Deputy Director Transportation, John A. Bishop reported from a transportation
perspective there are five key components to this request: $1 million cash proffer; Warrior Drive; Airport
Road; I-81 Bridge; Tevis Street. Mr. Bishop presented a brief summary of the components. He explained
what is currently on the books address each of these components. Mr. Bishop continued the proposal
brought forth by the Applicant at this time does not address all components. He explained the proposal
does not include the $1 million cash proffer and offers the right-of-way only for Warrior Drive and Tevis
Street. Mr. Bishop reported there is $8.7 million in state revenue sharing funds and the funds are still
available. He reiterated Warrior Drive and Tevis Street extension construction are items that are
remaining to be addressed. Mr. Bishop discussed the transportation credits: the Comprehensive Plan calls
for two lanes vs. four lanes which are being proffered; revenue sharing funds are in place; impacts being
offset in excess of what is required.
Mr. Ruddy noted the land uses shown with this rezoning application are not wholly
consistent with the 2030 Comprehensive Plan. He concluded the application does not adequately address
the negative impacts associated with this request; in particular the negative transportation and fiscal
impacts.
Commissioner Thomas inquired of Mr. Bishop as to if the transportation credits have
been reviewed and are they consistent. Mr. Bishop responded he has reviewed the credits and considers
them to be on the high end when considering revenue sharing factors. Commissioner Thomas commented
regarding Warrior Drive, going south, what would be the timeframe for completion to its location now.
Mr. Bishop noted that would be too difficult to estimate without knowing what the other landowners may
or may not do. Commissioner Thomas commented having the right-of-way for Warrior Drive may be a
reasonable compromise.
Commissioner Unger inquired if the I-81 Bridge would be two or four lanes. Mr. Bishop
noted it will be four lanes.
Mr. Evan Wyatt of Greenway Engineering came forward representing the Applicant. Mr.
Wyatt commented there are three general matters needing consideration with this application. He
continued the first being the land use conformity to the Comprehensive Plan. He noted the agreeance
Frederick County Planning Commission Page 3286
Minutes of November 18, 2015
with Staff that the commercial and higher density residential uses are supported in this general area of the
County. Mr. Wyatt explained the Applicant is attempting to take what used to be isolated residential and
try to blend and mix into this part of the community. He noted the other difference with this potential
land use program is the ability to utilize structures that could be both residential and commercial. Mr.
Wyatt reported what the Applicant is attempting to do is to provide the local funding match which is
inclusive of the I-81 Bridge, a dual lane round about, and a four lane section of roadway; this will allow
traffic to move through from South Pleasant Valley Road to 522. Mr. Wyatt noted one item appears to be
getting lost in the shuffle because their proffer does commit to a local funding match and it does commit
the developers to execute a revenue sharing agreement within 30 days of the final non appealable
rezoning. He feels what is not being mentioned is they are doing a cash outlay in the area of $5 million
dollars based on the County consulted engineer estimate on a 30 percent design. Mr. Wyatt explained the
Applicant is being asked to put the entire dollar amount on the table on day one before they are entitled to
any development and he feels this commitment needs to be considered. In regards to Warrior Drive, Mr.
Wyatt noted there has been discussion and he agrees with Mr. Bishop that it is very difficult to place a
timeframe on construction of the road. He noted there is a proffer commitment for the Village at Artrip
which has not been started and most likely will have to go through the motions again before it can be.
When reviewing this they recognized the most feasible solution at this time is to provide the right -of-way
for the Warrior Drive section and then limit development opportunity in Land Bay 3 until they have the
opportunity to find a large enough user.
Mr. Wyatt noted the third issue raised by Staff is the identification of fiscal credits. He
verified they will be proffering 50,000 square feet of commercial by the 300th building permit for
residential use and another 57,500 square feet by the 600th building permit; this means before the project
gets to residential build out there will be 107,500 square feet of commercial that will be delivered on the
project site. Mr. Wyatt noted County numbers and values were used to demonstrate their point. Mr.
Wyatt continued by presenting an overview of what the Applicant is attempting to do. Mr. Wyatt
reiterated the project is providing three distinct land bays, missing uses, limiting residential to 645,
proffering a phasing plan for the residential, providing commercial development, providing disclosures
for the residential to identify the airport proximity, recreational amenities package, providing school
escrow account that is being held by the County. Mr. Wyatt noted with the $3,000 per student escrow
account for 0-50 students it is reflected there would not be a payment, this is inaccurate. He explained the
way the proffer is written it goes through the development program and does not have to wait until the 50
student trigger before payment.
Mr. Wyatt referred to Land Bay 3 and two small properties adjacent to this. He explained
in regards to the buffer it would be entirely on the Heritage Commons property.
Mr. Wyatt summarized the transportation program being proposed: the Applicant is
dedicating the right-of-way within the project; executing the revenue sharing agreement within 30 days of
rezoning approval; prohibiting development activity on the property until the executed agreement is in
place with the County; providing all the local matches; limiting the initial development within the project
to be served by Section A to the 175 multi-family units and 50,000 square feet of commercial until
construction commences on the Section B improvements. Mr. Wyatt addressed the concern from FCSA
(Frederick County Sanitation Authority); want to make sure the sewer conveyance system is at or near
capacity, and the Applicant is willing to handle should an issue arise; would like to have the opportunity
for a test well for water production on the property, the Applicant noted they are not knowledgeable
enough at this time but would entertain the idea at some point.
Mr. Wyatt addressed the comments from FCPS (Frederick County Public Schools)
regarding the proffer containing the escrow and the way it was written. The Applicant has agreed to
rewrite the proffer and it will be included in the Board of Supervisors information. In conclusion, Mr.
Frederick County Planning Commission Page 3287
Minutes of November 18, 2015
Wyatt stated they have a development program that they believe truly provides for mixed use, provides
for regional improvements, ensures that development will occur timely through the phasing program, and
commitments for revenue sharing. Mr. Wyatt concluded the developers are excit ed to get this project
underway and are seeking the Planning Commission’s recommendation for approval.
Commissioner Thomas requested clarification regarding the I-81 Bridge, should the cost
come in higher than the estimated amount is the developer responsible for all the additional costs. Mr.
Wyatt explained the County manages the revenue sharing agreements and they are structured so the
developer would be responsible for any additional costs and local match.
Commissioner Unger commented FCSA is looking for new places to find water to
service the County and if a test well could be accomplished on the property it certainly would be a
blessing for the County.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Michael Shepard of the Shawnee Magisterial District came forward. He owns the
two properties directly to the south of this project. Mr. Shepard requested clarification the setbacks and
buffers for his properties.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Ruddy presented an overview of the zoning districts impacting Mr. Shepard’s
property. He requested Mr. Wyatt offer clarification for Mr. Shepard and what will take place. Mr.
Wyatt explained if there is a zoning imposed buffer between Mr. Shepard’s property and their project the
County has in place a Common Share Buffer and Screening Easement Agreement that can be utilized.
The Applicant has agreed to provide and noted the language can be adjusted to reflect the change.
Commissioner Thomas noted this is a significantly improved project. He continued the I-
81 Bridge item is important to consider and the section of Airport Road being four lanes will help ease
traffic tremendously. He feels this is a great compromise and is in favor of this request. Commissioner
Manuel noted his support of this application and pointed out it has been drastically improved.
Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval by
majority vote Rezoning #10-15 Heritage Commons, LLC, submitted by Greenway Engineering, Inc. to
rezone 96.28+/- acres from B2 (Business General) District to R4 (Residential Planned Community)
District, 54+/- acres from RP (Residential Performance) District to R4 (Residential Planned Community)
District and .31+/- acres from the RA (Rural Areas) District to the R4 (Residential Planned Community)
District with proffers. The properties are located west of the intersection of Front Royal Pike (Route 522)
and Airport Road (Route 645) and are identified by the Property Identification Numbers 63-A-150, 64-A-
10, and 64-A-12 in the Shawnee Magisterial District.
YES: Wilmot, Unger, Marston, Ambrogi, Manuel, Thomas, Molden, Triplett, Dunlap, Mohn
NO: Kenney, Oates
(Note: Commissioner Crockett was absent from the meeting)
Frederick County Planning Commission Page 3288
Minutes of November 18, 2015
OTHER
Chairman Wilmot requested Mr. Bishop clarify what the .75 cent rule is in regards to the
Woodbine rezoning. Mr. Bishop explained there is no .75 cent rule; this was something that developed
over time. He continued it started with the BBG rezoning on Route 11 North, there were significant
improvements offsite that were needed and could not be fully addressed so they proffered .72 cents per
square foot; however, in addition to that they proffered a partial portion of the signal at Branson Springs
Road, they did significant upgrades along the frontage to Route 11 which was between 1000 and 1200
square feet, and provided a right-of-way. He continued that was the first recent example that got involved
in square foot transportation proffer. Mr. Bishop noted more recently the Blackburn rezoning was
addressed and followed the BBG path. He concluded a precedent was unintentionally set and Staff has
been asked to develop a “number”. Mr. Bishop noted that would be very difficult to establish. He feels
this would be something for the Transportation Committee to take a look at and study.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Thomas to
adjourn the meeting. This motion was seconded by Commissioner Marston and unanimously passed.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Eric R. Lawrence, Secretary
Frederick County Planning Commission Page 3288
Minutes of December 2, 2015
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 December 2, 2015
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; J.
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher
M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Kris Tierney, Assistant County
Administrator; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: Charles E. Triplett, Gainesboro District; J. Rhodes Marston, Back Creek District.
STAFF PRESENT: Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director
Transportation; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning and Subdivision
Administrator and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the December 2, 2015 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 amended agenda for this evening’s meeting.
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OTHER
Commissioner Thomas nominated Kris Tierney to serve as Secretary of the Planning
Commission. This nomination was seconded by Commissioner Oates and approved.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the
Planning Commission adopted the minutes of their November 4, 2015 meeting.
Frederick County Planning Commission Page 3289
Minutes of December 2, 2015
COMMITTEE REPORTS
Transportation Committee - Mtg. 11/23/15
Commissioner Oates reported the Transportation Committee welcomed Supervisor Dunn
to the committee. He highlighted the following items were discussed at the meeting: Capital
Improvement Program review; Long Range Plan update; Update on Route 37 and Exit 313 from VDOT.
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #11-15 of Freedom Manor, submitted by Pennoni Associates, to rezone 13.8596acres from
the RA (Rural Areas) District to the RP (Residential Performance) District and 33.6819 acres from
the RP (Residential Performance) to the RP (Residential Performance) with proffers. The
properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet
north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill
Road (Route 644), in the Shawnee Magisterial District, and are identified by Property Identification
Numbers 64-A-23, 64-A-20, and 64-A-19.
Action – Recommend Approval
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
Senior Planner, Candice E. Perkins reported this application is a proposal to rezone
33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural
Areas) District to the RP (Residential Performance) District with proffers. Ms. Perkins noted of the 33
acres of existing RP zoned acreage, 26 acres of that was previously rezoned in 2005 under the same name
of Freedom Manor. She continued the applicant seeks to revise the proffers for the 26 acre portion tract
(64-A-23) as well as include the acreage from parcels 64-A-20, and 64-A-19. Ms. Perkins explained the
proposed development seeks to allow the construction of up to 300 residential dwelling units (Phase I –
100 single family detached, and Phase II – 200 townhouse and multi-family units).
Ms. Perkins presented the GDP (Generalized Development Plan) that was included with
the application; it shows the site access which is the round-about on Papermill Road, and the internal road
network that would eventually connect into Madison Village to the north. Ms. Perkins noted this project
has no connection into the Westwood Subdivision. She elaborated with a previous rezoning in 2005/2006
there was a restricted deed covenant entered into with the owner and the County at which time it was
agreed there would not be a connection into the Westwood Subdivision road network. Ms. Perkins
Frederick County Planning Commission Page 3290
Minutes of December 2, 2015
reiterated the initial access will be via a round-about off Papermill Road and future additional access
through inner partial connectors will be provided to the north at the Madison Village development and
that will be installed with the 150th building permit. Ms. Perkins continued the development includes a 10
foot pedestrian trail along Papermill Road; a trail along the internal public road and a trail along the
boundary with Shenandoah Memorial Park. She continued the applicant has proffered a monetary
contribution to offset the impacts on the County from the residential development. She noted the multi-
family attached units the amount is consistent with the model however the single family detached units do
have a reduced proffer payment and that is due to the existing 6.8 acres of existing RP land. Ms. Perkins
noted the applicant has also proffered to allow the use of TDR’s (Transfer of Development Rights).
Mr. Patrick Sowers of Pennoni Associates representing the applicant came forward to
offer further information on the property. Mr. Sowers reported there are three components to this project:
on the south side there’s approximately 26 acres that was rezoned in 2005 for 70 residential units; north of
that there is approximately 7 acres of existing historically zoned RP land; north of that there is
approximately 13.5 acres of existing RA zoned land which is part of the Comprehensive Plan for high
density residential use. The applicant has proffered single family use in that area to ensure a higher yield
to be consistent with the Comprehensive Plan. Mr. Sowers continued the remaining acreage to the south
will be limited to single family detached uses and that will also be consistent with the adjoining
properties.
Mr. Sowers reported the entrance to the property is being proposed as an offset round-
about and the reason is to accommodate left turn movement heading south on Papermill Road. He
continued currently there is a 40 to 45 foot right-of-way for Papermill Road and that is not enough to
build a left turn lane and still have through lanes to accommodate the transitions. Mr. Sowers noted the
applicant approached the existing property owners to acquire additional right-of-way however they
respectfully declined. Therefore the alternative was to construct an offset round-about before any
building permits are issued for the property.
Commissioner Dunlap inquired if there would be any access to Westwood Drive from the
property. Mr. Sowers commented no due to the existing covenant that restricts this.
Commissioner Oates inquired why the entrance along Route 522 was eliminated. Mr.
Sowers explained there was an option agreement at the previous rezoning to acquire a right-of-way to
have access through another property and that option has expired. He continued when looking at access it
was reviewed from Papermill Road and also from an access management standpoint and dealing with
VDOT it would be preferred not to have another access point on Route 522 since it is designated as an
arterial roadway.
Commissioner Thomas asked if there was just going to be one way in and one way out.
Mr. Sowers explained there will initially be the access from Papermill Road and the applicant has
proffered the road networks and round-about. Mr. Sowers continued ultimately there will be access
through Madison Village at Papermill Road and they are proffering an additional inner parcel connector
to the western property boundary.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Tom Breedlove came forward and expressed his concerns with traffic on Papermill
Road. He voiced his concerns with runoff and the high number of drain fields located in this area.
Frederick County Planning Commission Page 3291
Minutes of December 2, 2015
Ms. Carol Manuel who lives on Westwood Drive came forward with her concerns of
drainage, runoff, and the traffic impacts along Papermill Road.
Ms. Barbara Metcalf of the Shawnee Magisterial District expressed her concern with the
traffic impacts and what type of buffer will be provided.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Sowers addressed the citizen concerns. He explained in regards to drainage there is
an existing pond along the frontage of the property and on the northern portion of the property there is a
high point that drains to another pond. He noted the project will not be generating any increased runoff.
Mr. Sowers discussed the traffic concerns. He explained Papermill Road is on the Comprehensive Plan as
a major collector. He continued this project can essentially funnel traffic within the roadways of Route
522 and Papermill Road. Mr. Sowers noted the round-about will slow traffic leading to the existing
signal at Route 522 and Papermill Road. In regards to buffers, Mr. Sowers explained with single family
detached uses adjacent to another single family detached the ordinance does not require a buffer.
Commissioner Oates clarified the development will not release more water rather than
generate more water. Mr. Sowers confirmed that was correct. Commissioner Oates commented on
having an internal street stubbed off towards Route 522 so if two parcels do get developed it provides
another route to get in and out. He noted a buffer such as a six foot fence should be considered.
Commissioner Thomas agreed with Commissioner Oates and doesn’t think Papermill
Road can handle the additional traffic, therefore there should be another connection coming out on Route
522.
Commissioner Kenney inquired if there is an option to use the TDR’s. Mr. Sowers
explained it is included to have the option available and there are no immediate plans to use it.
Commissioner Kenney asked what would be an instance that would trigger it to be used. Mr. Sowers
elaborated if a property was to become available and the TDR’s could be obtained.
Commissioner Oates noted the storm water regulations are in place and with these
regulations it should handle the drainage. He is in favor of this application with the recommendation that
the applicant provides interparcel access to the neighboring property to the east and considers a fence
along the adjoining residential properties.
Upon motion made by Commissioner Ambrogi and seconded by Commissioner Dunlap
with the recommendation that the applicant provides interparcel access to the neighboring property to the
east and considers a fence along the adjoining residential properties.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #11-15 of Freedom Manor, submitted by Pennoni Associates, to rezone 13.8596
acres from the RA (Rural Areas) District to the RP (Residential Performance) District and 33.6819 acres
from the RP (Residential Performance) to the RP (Residential Performance) with proffers. The properties
are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet north/west of the
existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644), in the
Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-23, 64-A-20,
and 64-A-19.
Frederick County Planning Commission Page 3292
Minutes of December 2, 2015
Conditional Use Permit #04-15 for Jerry Lee and Kyung Lee submitted for modification of CUP
#22-04 to add a monument sign. The property is located at 549 Valley Mill Road (Route 659), and
is identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District.
Action – Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this application is a
request to enable a monument sign to be erected in association with a previously approved adult care
facility known as Rose Memorial. Mr. Cheran provided a background for the property, he explained in
1996 a CUP was approved for a 26 bed adult care facility; in 2004 an amendment was approved to add
additional beds bringing the total to 34. Mr. Cheran continued there was not a provision at that time for a
sign. Mr. Cheran concluded there will two conditions recommended for this application: all review
agency comments and requirements shall be complied with at all times, to include the approved
conditions for this adult care facility; only one (1) monument sign 44 square feet in size and 5 foot in
height is allowed on the property.
Commissioner Dunlap inquired if the sign will be lit. Mr. Cheran noted it will be a solar
light.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Upon motion made my Commissioner Dunlap and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #04-15 for Jerry Lee and Kyung Lee submitted for modification of CUP #22-04
to add a monument sign. The property is located at 549 Valley Mill Road (Route 659), and is identified
with Property Identification Number 55-A-56 in the Red Bud Magisterial District.
Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR
SPECIFIC USES; Part 201 – Supplementary Use Regulation §165-201.02 Setback Requirements.
Revision to the Frederick County Zoning Ordinance to remove the R5 (Residential Recreational
Community) District Supplementary Use Regulations for setback extensions.
Action – Recommend Approval
Senior Planner, Candice E. Perkins reported in 2011 the RP (Residential Performance)
District setbacks and dimensional requirements were revised to introduce setbacks for unroofed decks and
structures. Ms. Perkins continued with that revision, the allowance for extensions into the setback within
the supplementary use regulations was changed to eliminate the RP and R4 (Residential Planned
Community) Districts. Since the RP dimensional requirements also apply to the R5 District, the R5
(Residential Recreational Community) District should also have been removed from the supplementary
use regulations extension provision (leaving only the RA and MH1 in the supplementary use section).
Ms. Perkins noted this item has been discussed by the DRRC, the Planning Commission, and the Board of
Supervisors.
Frederick County Planning Commission Page 3293
Minutes of December 2, 2015
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. 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 Crockett
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR
SPECIFIC USES; Part 201 – Supplementary Use Regulation §165-201.02 Setback Requirements.
Revision to the Frederick County Zoning Ordinance to remove the R5 (Residential Recreational
Community) District Supplementary Use Regulations for setback extensions.
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OTHER
Annual Review of the Planning Commission Bylaws and Roles and Responsibilities
Senior Planner, Candice E. Perkins reported the guiding documents of the Planning
Commission – the Bylaws and the Roles and Responsibilities are reviewed each fall, revised as
appropriate, and then adopted during the first meeting of the calendar year. Ms. Perkins continued Staff
solicited comments and suggested revisions from the Planning Commission in November. Minor Bylaws
revisions were suggested and no revisions were suggested for the Roles and Responsibilities document.
Ms. Perkins concluded any revisions that result from the discussion will be incorporated into the final
documents, and returned to the Planning Commission in January for adoption.
Cancelation of the regular meeting on December 16, 2015
Chairman Wilmot announced there were no pending items for the Planning
Commission’s December 16, 2015 meeting.
A motion was made by Commissioner Thomas to cancel the December 16, 2015 meeting
of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously
passed.
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Frederick County Planning Commission Page 3294
Minutes of December 2, 2015
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 7:45 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Kris Tierney, Secretary
B
CONDITIONAL USE PERMIT #05-15
WINCHESTER CHAPTER OF THE IZAAK WALTON LEAGUE
Staff Report for the Planning Commission
Prepared: January 21, 2016
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Plannin g 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: 02/03/16 Pending
Board of Supervisors: 02/24/16 Pending
EXECUTIVE SUMMARY: This application is requesting an expansion of a non-conforming
use. (Outdoor Shotgun Shooting Range)
1. All review agency comments and requirements shall be complied with at all times.
2. Shooting activities shall be supervised by qualified personnel at all times.
3. 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 #05-15, Winchester Chapter of the Izaak Walton League
January 21, 2016
LOCATION: This property is located at 2863 Millwood Pike
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-72
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Outdoor Recreation
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential Use: Residential
East: RA (Rural Areas) Use: Clarke County
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Expansion of a non-conforming use (outdoor shotgun shooting range)
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for this property appears to have little
measurable impact on Route 50, the VDOT facility which would provide access to the property.
Present entrance is adequate for proposed improvements. Should business ever expand in the
future, entrance may need to be upgraded.
Frederick County Inspections: Tower structure shall comply with The Virginia Uniform
Statewide Building Code and Section 312, use group U (Utility), of The International Building
Code/2012. An evaluation report of the placed structure and the construction documents
submitted for the building permit shall be sealed by a Virginia Licensed Design Professional.
After the issuance of a building permit, a final inspection of the structure shall be required to
assure compliance with construction documents and that code compliance is met. Upon
completion of final approvals, a certificate of use and occupancy shall be issued.
Winchester-Frederick County Health Department: The Health Department has no objections
since it does not appear to be an increase in usage of the bathroom facilities at the shelter and
portable toilets are still utilized for large gatherings.
Page 3
CUP #05-15, Winchester Chapter of the Izaak Walton League
January 21, 2016
Frederick County Sanitation Authority: This property is outside of the Sewer Water Service
Area (SWSA) therefore, Virginia Department of Health comments are required.
Frederick County Fire Marshall: Plans approved.
Winchester Regional Airport: Please see attached letter dated November 3, 2015, from
Serena R. Manuel, Executive Director.
Planning and Zoning: Outdoor shotgun shooting ranges are considered as an outdoor
recreation use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit
(CUP). Research of County records revealed that a CUP had never been approved for the
existing 149 +/- acre. Izaak Walton facility. Therefore, this facility was established prior to this
requirement; and is considered to be a legally non-conforming use. Due to this non-conforming
status; any increase in the intensity of use is not permitted. It is the Applicant’s desire to expand
the size and location of the outdoor shotgun shooting range. This increase in the level of non-
conformity may be accomplished through the approval of a CUP. The 2030 Comprehensive
Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County to
remain Rural in nature and is not part of any land use study.
This proposed shooting range will cover an area approximately 3+/- acre and will be used for
clay targets launched by trained shotgun range supervisors. The Applicant has indicated this
proposed range will be used for shotguns of 12, 16, 20, 28, and .410 gauges. The only shot size
will be 71/2 or smaller. A shotgun pattern range will also be used in conjunction with this range.
The range will be under the supervision of Izaak Walton appointed and trained firearm
supervisors at all times when the range is in operation. This CUP will expand the facility that
currently includes a lodge building, picnic shelters, a rifle range, and fishing areas. Access to
this property is via a key paid gate system for members only.
Outdoor shotgun shooting ranges are subject to additional performance standards in order
promote safety and mitigate any negative impacts to adjoining properties. The properties
immediately adjacent to this proposed CUP are currently zoned RA Zoning District. One of these
standards is that a proposed outdoor range be a minimum 1,000 feet from any property being
used as residential. This proposed use will meet that standard. The other standard is that a
Category C buffer be provided. The proposed range and the property as a whole are surrounded
by mature woodlands and vegetation. Therefore, the intent of the Category C buffer can be met,
as 200 feet is required for a land screen Category C buffer.
Please note the comments provided by the Winchester Regional Airport.
Page 4
CUP #05-15, Winchester Chapter of the Izaak Walton League
January 21, 2016
STAFF CONCLUSIONS FOR THE 02/03/16 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. Shooting activities shall be supervised by qualified personnel at all times.
3. 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.
SHENANDOAHPOOL FARMSSubdivision
STEVENDUBRUELERSubdivision
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0150
ST723
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CLARKECOUNTYVIRGINIA77 A 72
985W PARKINSMILL RD 1181W PARKINS MILL RD
3175MILLWOODPIKE
105E PARKINSMILL RD
165E PARKINSMILL RD
233E PARKINSMILL RD
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1946AIRPORT RD
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1937AIRPORT RD1955AIRPORT RD
1889AIRPORT RD 1917AIRPORT RD1913AIRPORT RD
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161BAY CT
2800MILLWOODPIKE 2839MILLWOODPIKE
2821MILLWOODPIKE272AMBERWOOD LN
874CARPERS VALLEY RD
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874CARPERSVALLEY RD
876CARPERSVALLEY RD
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2754MILLWOOD PIKE2766MILLWOODPIKE
2778MILLWOODPIKE
2755MILLWOODPIKE
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259SOTHEBY CT 876CARPERSVALLEY RD
273AMBERWOOD LN
2741MILLWOODPIKE
253SOTHEBY CT280AMBERWOOD LN274AMBERWOOD LN
2757MILLWOODPIKE
270SOTHEBY CT 237SOTHEBY CT
312AMBERWOOD LN294AMBERWOOD LN
2721MILLWOODPIKE
840CARPERSVALLEY RD
336AMBERWOOD LN
2680MILLWOODPIKE
2596MILLWOODPIKE
2620MILLWOODPIKE
200SOTHEBY CT
484CARPERSVALLEY RD
699CARPERSVALLEY RD
2600MILLWOODPIKE 600CARPERSVALLEY RD
669CARPERSVALLEY RD 691CARPERSVALLEY RD
685CARPERSVALLEY RD
152KENNY LN 621CARPERSVALLEY RD 631CARPERSVALLEY RD
2562MILLWOODPIKE
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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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SHENANDOAHPOOL FARMSSubdivision
STEVENDUBRUELERSubdivision
SOTHEBYCOURTSubdivision
0150
ST723
ST723
CLARKECOUNTYVIRGINIA77 A 72
985W PARKINSMILL RD 1181W PARKINS MILL RD
3175MILLWOODPIKE
105E PARKINSMILL RD
165E PARKINSMILL RD
233E PARKINSMILL RD
321E PARKINSMILL RD
1946AIRPORT RD
1900AIRPORT RD
1915AIRPORT RD
1937AIRPORT RD1955AIRPORT RD
1889AIRPORT RD 1917AIRPORT RD1913AIRPORT RD
2960MILLWOODPIKE
1919AIRPORT RD
1811AIRPORT RD
1881AIRPORT RD
2983MILLWOODPIKE208SORREL LN
238SORREL LN
294SORREL LN
308SORREL LN
2947MILLWOODPIKE
205SORREL LN
2860MILLWOODPIKE
160BAY CT
161BAY CT
2800MILLWOODPIKE 2839MILLWOODPIKE
2821MILLWOODPIKE272AMBERWOOD LN
874CARPERS VALLEY RD
874CARPERSVALLEY RD
874CARPERSVALLEY RD
876CARPERSVALLEY RD
2782MILLWOODPIKE
2783MILLWOODPIKE
2754MILLWOOD PIKE2766MILLWOODPIKE
2778MILLWOODPIKE
2755MILLWOODPIKE
2759MILLWOODPIKE
259SOTHEBY CT 876CARPERSVALLEY RD
273AMBERWOOD LN
2741MILLWOODPIKE
253SOTHEBY CT280AMBERWOOD LN274AMBERWOOD LN
2757MILLWOODPIKE
270SOTHEBY CT 237SOTHEBY CT
312AMBERWOOD LN294AMBERWOOD LN
2721MILLWOODPIKE
840CARPERSVALLEY RD
336AMBERWOOD LN
2680MILLWOODPIKE
2596MILLWOODPIKE
2620MILLWOODPIKE
200SOTHEBY CT
484CARPERSVALLEY RD
699CARPERSVALLEY RD
2600MILLWOODPIKE 600CARPERSVALLEY RD
669CARPERSVALLEY RD 691CARPERSVALLEY RD
685CARPERSVALLEY RD
152KENNY LN 621CARPERSVALLEY RD 631CARPERSVALLEY RD
2562MILLWOODPIKE
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507CARPERSVALLEY RD 205KENNY LN
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