PC 02-17-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 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) January 6, 2016 PC Minutes ........................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #01-16 for Sharlyn D. Moore, which submitted for a rooming
house. The property is located at 216 Talamore Drive, Stephens City and is identified with
Property Identification Number 75O-4-6-212 in the Shawnee Magisterial District.
Mr. Cheran ...................................................................................................................... (B)
INFORMATION/DISCUSSION ITEM
6) Department of Planning & Development 2015 Annual Report. The Department of
Planning and Development will present the 2015 Annual Report that summarizes the
activities and highlights of 2015.
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
Frederick County Planning Commission Page 3296
Minutes of January 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 January 6, 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;
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;
Kris Tierney, Assistant County Administrator; Roderick B. Williams, County Attorney; Robert Hess,
Board of Supervisors Liaison.
ABSENT: Stanley Crockett, Stonewall 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 January 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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Frederick County Planning Commission Page 3297
Minutes of January 6, 2016
ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND
RULES & RESPONSIBILITIES FOR 2016
Senior Planner, Candice E. Perkins, presided over the election of the Chairman and Vice
Chairman for 2016.
Election of June M. Wilmot, Chairman for 2016
Senior Planner, Candice E. Perkins declared nominations open for Chairman for the 2016
calendar year.
The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner
Thomas and seconded by Commissioner Dunlap.
A motion was made by Commissioner Oates, seconded by Commissioner Mohn, and
unanimously passed to close nominations for Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Ms. June M. Wilmot as Chairman of the Planning Commission for the calendar year 2016.
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Election of Roger L. Thomas, Vice Chairman for 2016
Senior Planner, Candice E. Perkins declared nominations open for Vice Chairman for the
2016 calendar year.
The nomination of Mr. Roger L. Thomas was made by Commissioner Oat es and
seconded by Commissioner Triplett.
Motion was made by Commissioner Dunlap, seconded by Commissioner Manuel, and
unanimously passed to close the nominations for Vice Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2016.
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Election of Kris Tierney, Secretary for 2016
Chairman Wilmot declared nominations open for Secretary of the Planning Commission.
The nomination of Mr. Kris Tierney was made by Commissioner Oates and seconded by
Commissioner Thomas.
Motion was made by Commissioner Thomas, seconded by Commissioner Manuel, and
unanimously passed to close the nominations for Secretary.
Frederick County Planning Commission Page 3298
Minutes of January 6, 2016
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Kris Tierney as Secretary of the Planning Commission for the calendar year 2016.
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MEETING SCHEDULE FOR 2016
Planning Commission and Committees
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel
BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their
regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the
Board of Supervisors’ meeting room in the Frederick County Administration Building. In addition, if
inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to
Thursday evening, the day after the regularly-scheduled Wednesday meeting.
BE IT FURTHER RESOLVED, that the Frederick County Planning Commission has voted unanimously
for their Comprehensive Plans and Programs Committee to meet the second Monday of each month at
7:00 p.m. in the first floor conference room; and for the Development Review and Regulations
Committee to meet on the fourth Thursday of each month at 7:00 p.m. in the first floor conference room.
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Committee Assignments for 2016
Regarding committee assignments for the calendar year of 2016, Chairman Wilmot asked the
Planning Commission members to remain in their current committee assignments.
Chairman Wilmot announced the following liaisons: Transportation Committee,
Commissioner Oates; Sanitation Authority, Commissioner Unger; Conservation Easement Authority,
Commissioner Triplett; Winchester Planning Commission, Commissioner Kenney; and Historic
Resources Advisory Board, Commission members will rotate.
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PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES FOR 2016
Senior Planner, Candice E. Perkins, stated the Planning Commission’s Bylaws and the
Roles and Responsibilities have been reviewed by the Commission and modifications were deemed to be
appropriate and are ready for the Commission’s consideration and adoption.
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the
Planning Commission’s Bylaws and the Roles & Responsibilities for the calendar year of 2016 as
presented.
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Frederick County Planning Commission Page 3299
Minutes of January 6, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPC) – Mtg. 12/14/15
Deputy Director, Michael T. Ruddy reported the committee reviewed the Capital
Improvement Plan. He noted the committee has endorsed the plan and deemed it is in conformance with
the County’s Comprehensive Plan.
Frederick County Sanitation Authority (FCSA) – Mtg. 12/22/15
Commissioner Unger reported on three items of interest to the Planning Commission. He
reported the quarries continue to maintain consistent elevations which indicate that they are stable and
recharging correctly. The water usage for the month was below average, at 4.84 MGD, which is below
the previous usage of 5.26 MDG. The FCSA’s Planning Committee is evaluating policy revisions to
require placement of water and sewer lines within public road right -of-ways, which would enable
subdivision designers to accommodate the reduced residential front yard setbacks, and minimize conflicts
with other utilities and landscape schemes. The revision would also require that new water lines be
constructed of ductile iron, which will significantly reduce water line failures and associated repairs.
Commissioner Unger noted the combination of using ductile iron and placing the lines within public road
right-of-ways enables developer flexibility and FCSA maintenance savings. The revisions should be
finalized over the next few months. Commissioner Unger concluded there was a presentation from Jesse
Moffett on the Waste-to-Energy project at the Opequon Water Reclamation Facility. This effort creates a
water reclamation facility that will be a Net-Zero-Energy opportunity. He explained this project is a self-
contained system that discharges clean water, produces its own electricity, and promotes economic
development as the new system actually wants high strength waste which is a by-product of our local
food processing industries – Hood, Kraft, and Hershey. The new facility begins operation this spring.
City of Winchester Planning Commission – Mtg. 1/5/16
Commissioner Fieo reported the commission approved a rezoning on East Clifford Street
in which a building will be demolished and a multi-family dwelling will be built. Also, approved was a
rezoning for land purchased off of Linden Drive by Valley Health.
Board of Supervisors Report – Mtg. 12/9/16
Board of Supervisors’ Liaison, Supervisor Robert Hess, reported the following items
were approved by the Board: REZ #09-15 Artillery; REZ #07-15 Woodside with addition of two
proffers; REZ #06-15 Opequon Crossing; REZ #10-15 Heritage Commons with addition of an avigation
easement. Supervisor Hess concluded a resolution was passed for Mr. Richard Shickle and Mr. Eric
Lawrence for their service to the County.
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Frederick County Planning Commission Page 3300
Minutes of January 6, 2016
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 #12-15 Crosspointe Center submitted by Pennoni Associates, to rezone 58.30+/- acres
from RP (Residential Performance) District to B2 (General Business) District and 72.47+/- acres
from B2 (General Business) District to RP (Residential Performance) District within the
Crosspointe Center development, Rezoning #13-03, and to amend the proffers associated with
Rezoning #13-03. The properties are located east and adjacent to I-81 Exit 310 Interchange, and
adjacent to Tasker Road and Hillandale Lane. The properties are identified with Property
Identification Numbers 75-A-89, 75-A-89A, 75-A-91, 75-A-92, 75-A-95, 75-A-96 and a portion of 75-
A-90 and 75-A-94 in the Shawnee Magisterial District.
Action – Recommend Approval
Commissioner Kenney would abstain from all discussion on this item due to a possible
conflict of interest.
Deputy Director, Michael T. Ruddy reported this proposal is to rezone 58.30 +/- acres
from RP (Residential Performance) district to B2 (General Business) District and 72.47 +/- acres from B2
(General Business) District to RP (Residential Performance) District within the Crosspointe Development
of 524 acres that was rezoned in 2004 with Rezoning #13-03 He noted the current application is to adjust
the acreage and location of the commercial and residential zoning and to amend the proffers associated
with this.
Mr. Ruddy presented mapping to depict the proposed changes. He continued , in looking
at the future land use plan it is recognized as a prime location for commercial and residential land uses
and a mixed environment. Mr. Ruddy reported the current application contains a revised proffer
statement dated December 15, 2015. He explained the application includes a GDP (Generalized
Development Plan) that is generally consistent with the land use plan in this area of the County. The
GDP reinforces the applicants three phase approach for this development. Mr. Ruddy noted one of the
more notable changes with this request is that a greater amount of development is being proposed within
Phase I than what was proposed initially. Mr. Ruddy continued increased development is approximately
120,000 additional square feet of commercial land use totaling 1,088,000 square feet; in addition the
residential development component is 1,578 units which are the same as the previous rezoning with a
small change of no defined mix.
Mr. Ruddy presented an overview of the GDP (Generalized Development Plan). He
reiterated the commercial and residential zoning that is being proposed is consistent with the current land
use that is supported by the Comprehensive Plan. Mr. Ruddy highlighted that the application
demonstrates the transportation improvements will be in place to support the additional development;
VDOT has expressed their approval of the revised proffers that ensure the improvements will be secured.
Frederick County Planning Commission Page 3301
Minutes of January 6, 2016
Deputy Director of Transportation, John A. Bishop presented a transportation background
for the property. He explained the proffers with the previous rezoning: 3 phases; right-of-way dedication
for Exit 310; relocation of Tasker and Hillendale; extension of Tasker to Warrior Drive; Warrior Drive
construction; construction of Route 37 as a Boulevard. Mr. Bishop continued with th e transportation
background which involved a Tri Party Agreement: VDOT builds exit 310; VDOT realigns Tasker and
Hillendale; Crosspointe dedicates right-of-way; Crosspointe builds Route 37 to limited access standard;
Crosspointe builds bridges over Tasker. Mr. Bishop explained with the current rezoning application the
proffers entail the following: 3 phase transportation proffer; extension of Tasker to Warrior; Warrior
construction; Route 37 to limited access standard; bridges over Tasker and the demolition of temporary
ramps; agreed to complete a TIA (traffic impact analysis) at the 370,000 square feet of development
mark.
Commissioner Thomas inquired is it a comparable value of having VDOT do the work at
Exit 310 to what the developer has offered for going to a limited access for Route 37 and the bridges. Mr.
Bishop noted it appears to be comparable. Commissioner Thomas noted it does not appear we will be
getting much of Warrior Drive completed. Mr. Bishop highlighted we will actually be getting a
significant portion of this road completed.
Mr. Ruddy presented the additional impacts associated with this request: recognizes the
DIM (development impact model) values and the applicants approach; consistent with the original
rezoning; commercial revenue more than offsets the residential units especially with the additional
commercial square footage allowances; 200 residential units with age restricted condition has been
removed. Mr. Ruddy reported the original proffer statement included a proffer which provided for the
dedication of an area for Government Services. This proffer has been modified from a dedication of 9
acres to Government Services to a reservation of an area within a specific location for Government
Services. Mr. Ruddy concluded an additional review document from the County Attorney is available for
review if needed.
Commissioner Oates inquired about the reservation for Government Services and will the
County be obligated to pay. Mr. Ruddy explained the reservation area is located in Phase I; the details are
yet to be determined and would put the County in the position to negotiate.
Commissioner Marston inquired has the 9 acres ended up being 5 acres because of the
right-of-way for the Exit 310 ramps. Mr. Ruddy explained that is a slightly different component because
there are two historical sites one being around the Hillendale House which was reduced from 5 aces t o 3
acres for the right-of-way that was needed.
Commissioner Thomas noted in 2003/2004 the impact model was much different and if
the current proposed rezoning were ran under the current model would the monetary contributions being
provided be similar or be adequate. Mr. Ruddy explained it would most likely be a little different but he
would estimate the commercial contribution would still turn out to be a positive, however it is important
to recognize we do not run the DIM when we compare the residential to the commercial. He continued
the Board of Supervisor’s policy is to recognize that each residential unit today generates an amount per
unit, and then the applicant has to demonstrate why their project would provide that offset.
Commissioner Thomas noted originally the housing types were a little more specific and now it appears
to be a little more wide open and does that cause Staff any concern. Mr. Ruddy responded it does not
cause concern and the flexibility in the housing types is appropriate.
Mr. John Foote representing the applicant came forward and began by noting VDOT has
come through with the funds for the Exit 310 interchange and this undertaking by VDOT has taken the
initial burden off the applicant of some upfront costs associated with the development. Mr. Foote
Frederick County Planning Commission Page 3302
Minutes of January 6, 2016
continued this presented an opportunity due to the layout of the property to increase the amount of
commercial development that would be permissible. Mr. Foote noted the changes to this rezoning versus
the previous rezoning are relatively small. He elaborated that some commercial has been moved from the
back of the project to the front and the applicant has eliminated the mandatory assisted living/age
restricted housing and made it a market option. Mr. Foote addressed the traffic impacts and noted a
specific item to observe is the 370,000 square foot completion agreement and there will be a re-study at
that point to see if the triggers are functioning or not and how they can be improved. Mr. Foote continued
with this agreement VDOT determined it was satisfied and this will be what protects the road connection
and also protects the Exit 310 interchange.
Commissioner Oates inquired why the switch from dedication to reservation. Mr. Foote
explained the dedication provision in the previous rezoning proffers was time restricted and expired at the
5 year limitation. He noted the other reason the applicant has gone with a reservation versus the
dedication has to do with what VDOT requested of the applicant and the consequences of VDOT’s design
of the Exit 310 interchange which has taken a substantially larger amount of right-of-way off this project
than what was originally anticipated. He noted the concern was that the applicant was not recovering that
value in some way, therefore rather than making an absolute dedication they chose the reservation route
because they need to recapture some of the lost land value.
Commissioner Thomas inquired if mixed housing is planned or when will that be
determined. Mr. Foote responded no, the market will determine this and nothing has been decided at this
point.
Commissioner Oates noted he is concerned with the reservation and believes it needs
further discussion. Commissioner Thomas agreed with Commissioner Oates and he would like to have
more specifics on housing. Commissioner Manuel supports this proposal and feels the commercial versus
residential is a positive factor. Commissioner Mohn commented he is generally comfortable with this
rezoning; he recognized the reasoning behind the change from dedication to reservation and is
comfortable with giving flexibility to the residential component. Commissioner Mohn asked his fellow
commissioners what type of housing they would prefer. Commissioner Thomas commented he would
like to see a mix and would like a commitment on this from the developer. Commissioner Dunlap
commented based on the presented documents he is in favor of this project and he is not concerned with
the dedication versus reservation. Commissioner Unger commented the mar ket will dictate what type of
housing will be needed in this area and he is in support of this rezoning.
Upon motion made by Commissioner Manuel and seconded by Commissioner Ambrogi
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #12-15 Crosspointe Center submitted by Pennoni Associates, to rezone 58.30+/-
acres from RP (Residential Performance) District to B2 (General Business) District and 72.47+/- acres
from B2 (General Business) District to RP (Residential Performance) District within the Crosspointe
Center development, Rezoning #13-03, and to amend the proffers associated with Rezoning #13-03. The
properties are located east and adjacent to I-81 Exit 310 Interchange, and adjacent to Tasker Road and
Hillandale Lane. The properties are identified with Property Identification Numbers 75-A-89, 75-A-89A,
75-A-91, 75-A-92, 75-A-95, 75-A-96 and a portion of 75-A-90 and 75-A-94 in the Shawnee Magisterial
District.
(Note: Commissioner Crockett was absent from the meeting)
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Frederick County Planning Commission Page 3303
Minutes of January 6, 2016
INFORMATION/DISCUSSION
2016 – 2017 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects
requested by various County Departments and Agencies. The Plan is created as an informational
component of the 2030 Comprehensive Plan.
Deputy Director, Michael T. Ruddy reported the Comprehensive Plans and Programs
Committee (CPPC) evaluated the 2015-2016 Capital Improvement Plan (CIP) at their December, 2015
meeting and recommended the CIP be endorsed and recognized the consistency with the County’s
Comprehensive Plan.
Mr. Ruddy noted the number of projects has remained consistent. There are eighty-nine
projects in this year’s CIP. Mr. Ruddy explained there continues to be reinforcement on enhancing the
connection between the CIP, 2030 Comprehensive Plan, and future rezonings. Mr. Ruddy highlighted
projects that have been completed or continue to move forward: Airport land acquisition; Schools; Parks
and Recreation. He also noted a few projects that have been added or modified: 4th high school and
Aylor have switched; Schools have reduced the number of projects; Parks and Recreation/Northwest
Sherando Park. Mr. Ruddy noted a couple items that have been added: Administration/Registrar request
for new voting equipment; Fire & Rescue had new company requests.
Commissioner Unger inquired why Middletown Fire and Rescue requests are so much
more than the other companies. Mr. Ruddy explained it is due to them being aware of their future needs.
Commissioner Kenney noted the movement of the Aylor renovations. Mr. Al Orndorff
explained this is part due to the completion of Frederick County Middle School.
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Cancelation of the regular meeting on January 20, 2016
Chairman Wilmot announced there were no pending items for the Planning
Commission’s January 20, 2016 meeting.
A motion was made by Commissioner Oates to cancel the January 20, 2016 meeting of
the Planning Commission. This motion was seconded by Commissioner Thomas and unanimously
passed.
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Frederick County Planning Commission Page 3304
Minutes of January 6, 2016
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 Manuel and unanimously passed. The
meeting adjourned at 8:15 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Kris Tierney, Secretary
B
CONDITIONAL USE PERMIT #01-16
SHARLYN D. MOORE
Staff Report for the Planning Commission
Prepared: February 5, 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: 02/17/16 Pending
Board of Supervisors: 03/09/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Rooming House. Should the Planning Commission find this application for a rooming house to
be appropriate, staff recommends that the following conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. No more than two (2) rooms rented at any given time.
3. No employees allowed with this use.
4. No signage allowed with this use.
5. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #01-16, Sharlyn D. Moore
February 5, 2016
LOCATION: This property is located at 216 Talamore Drive, Stephens City, VA
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75O-4-6-212
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
PROPOSED USE: Rooming house
REVIEW EVALUATIONS:
Virginia Department of Transportation: This office has no objection to the proposed
conditional use.
Frederick County Inspections: Proprietor occupied bed and breakfast and other transient
boarding facilities not more than three stories above grade plan in height, that are also occupied
as the residence of the proprietor, with a maximum of five guest room sleeping units provided
for the transient occupants are permitted to be classified as either Group R-3 or R-5 provided that
smoke alarms are installed in compliance with Section 907.2.11.2 for Group R-3 or Section 314
of the IRC for Group R-5
(R-5) Smoke alarms shall be listed and labeled in accordance with UL 217 and shall be i nstalled
in the following locations:
In each sleeping area
Outside each separate sleeping area in the immediate vicinity of the bedrooms
On each story of the dwelling, including basements and habitable attics
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection due to no increase of usage to an onsite sewage system. Property appears to be
served by public sewer system.
Page 3
CUP #01-16, Sharlyn D. Moore
February 5, 2016
Frederick County Sanitation Authority: No comments.
Frederick County Fire Marshall: Plans approved.
Winchester Regional Airport: No impact-no comments needed.
City of Winchester: No comments.
Planning and Zoning: This application for a Conditional Use Permit (CUP) is in response to a
zoning violation complaint of a rooming house that was received by staff. Obtaining a CUP for
this use is an available option to resolve the violation. A rooming house is permitted in the RP
(Residential Performance) Zoning District with an approved CUP. This proposed use will take
place within a four (4) bedroom house with two (2) rooms being rented at any given time. There
will be no employees or signage associated with this CUP. The clientele of this use will be via
the internet. The property is located within the Wakeland Manor subdivision. The property is
surrounded by like dwellings. The 2030 Comprehensive Policy Plan of Frederick County
(Comprehensive Plan) identifies this area of the County as part of the Southern Frederick Area
Plan and is to remain residential in nature and is not part of any land use study.
STAFF CONCLUSIONS FOR THE 02/17/16 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. No more than two (2) rooms rented at given time.
3. No employees allowed with this use.
4. No signage allowed with this use.
5. 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.
75O 46 212
155OWENS LN
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157OWENS LN
104BANCROFT LN208TALAMORE DR
210TALAMORE DR 163OWENS LN
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212TALAMORE
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302TALAMORE DR
300TALAMORE DR
100LONDONDOWNS CIR
305BERWICK LN 307BERWICK LN309BERWICK LN
311BERWICK LN 313BERWICK LN 315BERWICK LN
102LONDONDOWNS CIR
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BERWICK LN
B
A
N
C
R
O
F
T
L
N
TALAMORE
D
R
Applications
Parcels
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)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 22, 2016Staff: mcheran
TALAMORE DR
OWE
N
S
L
N
BERWICK LN
PRESTWICK LN
CA
R
N
O
U
S
T
I
E
L
N
B
A
N
C
R
O
F
T
L
N
QUINTON OAKS CIR
CUP # 01 - 16Sharlyn D. MoorePIN:75O - 4 - 6 - 212Rooming House
0 75 15037.5 Feet
CUP # 01 - 16Sharlyn D. MoorePIN:75O - 4 - 6 - 212Rooming House
CUP 01-16
75O 46 212
155OWENS LN
153OWENS LN
154OWENS LN
158OWENS LN
160OWENS LN
162OWENS LN
157OWENS LN
104BANCROFT LN208TALAMORE DR
210TALAMORE DR 163OWENS LN
102BANCROFT LN
212TALAMORE
214TALAMORE DR
103BANCROFT LN
302TALAMORE DR
300TALAMORE DR
100LONDONDOWNS CIR
305BERWICK LN 307BERWICK LN309BERWICK LN
311BERWICK LN 313BERWICK LN 315BERWICK LN
102LONDONDOWNS CIR
OWENS LN
BERWICK LN
B
A
N
C
R
O
F
T
L
N
TALAMORE
D
R
Applications
Parcels
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 22, 2016Staff: mcheran
TALAMORE DR
OWE
N
S
L
N
BERWICK LN
PRESTWICK LN
CA
R
N
O
U
S
T
I
E
L
N
B
A
N
C
R
O
F
T
L
N
QUINTON OAKS CIR
CUP # 01 - 16Sharlyn D. MoorePIN:75O - 4 - 6 - 212Rooming House
0 75 15037.5 Feet
CUP # 01 - 16Sharlyn D. MoorePIN:75O - 4 - 6 - 212Rooming House
CUP 01-16