HomeMy WebLinkAboutPC 07-06-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 6, 2016
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) June 1, 2016 PC Minutes ................................................................................................ (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #05-16 for Edwin Elvira, which submitted for a retail
nursery/landscaping store. The property is located at 1590 Fairfax Pike, White Post, Virginia
and is identified with Property Identification Number 87-1-B in the Opequon Magisterial
District.
Mr. Klein ........................................................................................................................ (B)
6) Draft Update of the 2016-2017 Frederick County Primary and Interstate Road
Improvement Plans - The Primary and Interstate Road Improvement Plans
establish priorities for improvements to the Primary and Interstate road networks
within Frederick County. Comments from the Transportation Committee will be
forwarded to the Planning Commission and Board of Supervisors. Ultimately, the
priorities adopted by the Board of Supervisors will be forwarded to the
Commonwealth Transportation Board for consideration.
The Virginia Department of Transportation and the Planning Commission of
Frederick County, in accordance with Section 33.2-331 of the Code of Virginia,
will conduct a joint public hearing in the Board Room of the Frederick County
Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m.
on Wednesday, July 6, 2016. The purpose of this public hearing is to receive
public comment on the proposed Six Year Plan for Secondary Roads for Fiscal
Year 2017. Copies of the proposed Plan and Budget may be reviewed at the
Edinburg Office of the Virginia Department of Transportation, located at 14031 Old
Valley Pike, Edinburg, Virginia or at the Frederick County offices located at 107
North Kent Street, Winchester, Virginia. All projects in the Secondary Road
Improvement Plan that are eligible for federal funds will be included in the
Statewide Transportation Improvement Program (STIP), which documents how
Virginia will obligate federal transportation funds. Persons requiring special
assistance to attend and participate in this hearing should contact the Virginia
Department of Transportation at 1-800-367-7623. Persons wishing to speak at this
public hearing should contact the Frederick County Planning Department at 540-
665-5651.
Mr. Bishop ................................................................................................................... ( C)
INFORMATION/DISCUSSION
7) CEA Video (Mr. Ruddy)
8) Other
Adjourn
-2-
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 3335
Minutes of June 1, 2016
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on June 1, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District;
William H. Cline, Stonewall District; 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.
ABSENT: Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger,
Back Creek District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; and Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the June 1, 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 with changes.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes of their May 4, 2016.
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Frederick County Planning Commission Page 3336
Minutes of June 1, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 5/9/16
Commissioner Marston reported the committee discussed the 2035 Comprehensive Plan
Update and the third phase of the three-phase approach to the update which is the communication and
public outreach phase. He continued there will be four public outreach and community meetings which
will be held over the next two weeks. Commissioner Marston concluded it is the intent of this outreach to
get input from the public on the plan in general, key sections of the plan, and the adjustments that have
been identified to date by the Blue Ribbon Panels.
Conservation Easement Authority – Mtg. 5/12/16
Commissioner Triplett reported the CEA will be updating videos presented last year. He
noted the Authority has begun to review, discuss, and touch up the videos. Commissioner Triplett stated
he would like to present these to the Planning Commission once they are ready.
Transportation Committee – Mtg.5/23/16
Michael T. Ruddy reported the committee reviewed several items: the Eastern Road
Plan, which is part of the update to the Comprehensive Plan; forwarded a recommendation to the Board of
Supervisors regarding the Oakdale Crossing traffic calming project and the residents request that it move
forward to VDOT.
City of Winchester Report – Mtg. 5/17/16
Ms. Katherine Eaton, Winchester City Planning Commission Liaison, reported the
Corridor Enhancement District will be moving forward to the City Council. She continued the focus of
that area is Fairmont/Wyck and North Loudoun/North Cameron. Ms. Eaton concluded they have been
working on the Capital Improvement project and moved it to the City Council for review and approval.
Board of Supervisors Report – Mtg. 5/25/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board of
Supervisors unanimously approved REZ #03-16 for Shawnee Canning Co.
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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.
Frederick County Planning Commission Page 3337
Minutes of June 1, 2016
PUBLIC HEARING
Conditional Use Permit #04-16 for Vicki Nash, submitted for a cottage occupation nail salon. The
property is located at 215 Fruit Orchard Drive, Gore, Virginia and is identified with Property
Identification Number 17-22A-19 in the Gainesboro Magisterial District.
Action – Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this property is
currently zoned R5 (Residential Recreational Community) and the current land use is residential. Mr.
Cheran presented mapping identifying the location and an outline of the property. He continued the
property is surrounded by R5 properties on three sides and the State of West Virginia on the remaining
portion.
Mr. Cheran explained Cottage Occupations are permitted in the R5 zoning district with
an approved CUP. He continued this proposed Cottage Occupation is for a nail salon that will take place
in the applicant’s residence using one room. Mr. Cheran reviewed the conditions attached to this CUP
and noted a minor revision to the hours of operation:
1. All review agency comments and requirements shall be complied with at all times
2. No signage allowed with this Conditional Use Permit
3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday – Saturday
4. No more than five (5) customers per day
5. No employees permitted, beyond those residing on the premises
6. Any expansion or change of use shall require a new Conditional Use Permit
Commissioner Thomas referred to condition #2 and inquired why no signage is allowed.
Mr. Cheran noted the applicant did not want any signs on the property. Ms. Vicki Nash, the applicant
came forward to address the question raised by Commissioner Thomas. She explained her home is part of
an HOA which does not permit signage in yards and she will continue to respect that.
Chairman Wilmot inquired as to why the Frederick County Health Department could not
comment on this application. Mr. Cheran explained the health department did not comment because the
applicant’s drain field is in the front yard of the property which is actually in West Virginia. Mr. Cheran
continued staff spoke to the Hampshire County Health Department as a courtesy requesting their opinion
on this application. Mr. Cheran concluded the applicant provided documentation from Hampshire County
noting the drain field and its location.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Triplett with a revision to the condition for the
hours of operation from Monday – Friday to Monday – Saturday and seconded by Commissioner Kenney
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #04-16 for Vicki Nash, submitted for a cottage occupation nail salon. The
property is located at 215 Fruit Orchard Drive, Gore, Virginia and is identified with Property
Identification Number 17-22A-19 in the Gainesboro Magisterial District.
Frederick County Planning Commission Page 3338
Minutes of June 1, 2016
(Note: Commissioners Ambrogi, Unger, and Manuel were absent from the meeting)
Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS; Part 401 – RA Rural Areas District §165-
401.06 Permitted lot sizes. Revisions to the Frederick County Zoning Ordinance to provide for an
allowance to permit divisions from rural preservation lots for public road dedications or utility
dedications.
Action – Recommend Approval
Assistant Director, Candice E. Perkins reported this is a request to revise the zoning
ordinance to provide an allowance to permit divisions from rural preservation lots for public road
dedications or utility dedications. She noted currently the ordinance prohibits all future divisions from
rural preservation tracts; the only allowance is if they are going to get larger.
Ms. Perkins continued staff has prepared a minor revision to provide an allowance for the
boundaries of rural preservation lots to be modified provided the: future division (subdivi sion) would
only be allowed for the widening of an existing VDOT road, or for a public utility dedication.
Ms. Perkins provided a brief history of where this amendment has been; it was presented
to the DRRC on February 25, 2016, the Planning Commission held a discussion on April 6, 2016, the
Board of Supervisors held a discussion on April 27, 2016 at which time it was sent to public hearing.
Commissioner Oates noted at the Board of Supervisors meeting there was an inquiry if a
water tower could be placed on a rural preservation tract. He noted under the current ordinance a water
tower can be put up on an easement and not a dedication parcel. Ms. Perkins noted that is correct and it is
a matter of owning the land verses not owning.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS; Part 401 – RA Rural Areas District §165-
401.06 Permitted lot sizes. Revisions to the Frederick County Zoning Ordinance to provide for an
allowance to permit divisions from rural preservation lots for public road dedications or utility
dedications.
(Note: Commissioners Ambrogi, Unger, and Manuel were absent from the meeting)
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Frederick County Planning Commission Page 3339
Minutes of June 1, 2016
INFORMATION/DISCUSSION
Conditional Use Permit (CUP) Discussion
Planning Director, Michael T. Ruddy reported this item is presented to the Planning
Commission to ensure that the discussion of this item addressed all of the questions the Planning
Commission had regarding Conditional Use Permits. He presented the best practices with regards to
CUP’s:
Ensure all reviewing agency comments are addressed
o This can be done by identifying individual conditions related to agency
comments.
o Alternately, Frederick County’s best practice approach includes a catch all
condition stating that all review agency comments shall be addressed at all times.
All conditions should have a direct or associated relationship to the potential impacts of
the use.
As long as the above is met, most conditions could be considered appropriate.
CUP’s have the same basis in law as rezoning applications.
The CUP and its associated conditions have predominantly run with the land.
o It would be okay to include conditions that connect the permit to a particular
user, applicant, or a specific time frame should a particular application warrant
such an approach.
Frederick County’s best practice has been to limit the alternative approach listed above
based upon the often considerable investments made by applicants in the establishment of
CUP’s, and to avoid the perception of treating individual applicants differently.
Generally, it is considered that fewer conditions are preferable to more conditions.
Overall, Frederick County’s approach to reviewing CUP’s has been well received and has
served both the county and the Applicant’s well.
Commissioner Thomas inquired are there any CUP’s on our books that are specific to a
user and do not convey with the land. Mr. Ruddy explained there are old CUP’s that run specific with a
property owner, however that determination was made a long time ago and many of those do not exist
today. Commissioner Thomas commented when the Planning Commission approves a CUP and there is a
fair amount of capital investment we are essentially rezoning the land and if the CUP runs with the la nd
we are rezoning the land for one specific use. Mr. Ruddy noted it refers back to the identified
uses/permitted uses in certain districts and those CUP’s and how it may be set up; if the uses are
consistently heavy commercial in nature and would warrant that, then the Planning Commission would
have to evaluate those uses that we include in the Rural Area District.
Chairman Wilmot inquired if it is beneficial to have a CUP attached to a property in
terms of market attractiveness. Mr. Ruddy noted the CUP may make the property more marketable or
could go the total opposite way.
Commissioner Kenney commented it could also affect the surrounding properties as well
and this could be a good or bad thing.
Commissioner Oates commented CUP’s are not recorded so down the road a future
owner may not even know the CUP exists on the property. Commissioner Thomas noted could this be
attached to the deed at some point.
Frederick County Planning Commission Page 3340
Minutes of June 1, 2016
2016 PC Retreat Summary
Planning Director, Michael T. Ruddy presented a brief overview of the Planning
Commission Retreat. He noted the open discussing throughout was very helpful. In regards to Mr. John
Foote’s presentation, Mr. Ruddy noted the new proffer legislation will be discussed in the near future.
Assistant Director Transportation, John A. Bishop provided a detailed overview of the Transportation
aspects that are occurring and items that we are currently involved with.
Frederick County Administrator, Brenda Garton presented the state of the County and to
what direction we are heading with respect to growth of the community. Mr. Ruddy reported public
meetings have been scheduled regarding the Comprehensive Plan update.
Commissioner Thomas commented a major take away from Mr. John Foote’s
presentation was the Planning Commission needs to make sure Planning Department Staff are given
enough information to compose a good narrative for the Board of Supervisors, especially for an item that
may be denied.
Chairman Wilmot commented the need to verbalize during meetings so more information
becomes part of the record is important. Commissioner Oates noted to be careful not to get to narrow
when verbalizing a denial.
Commissioner Oates would like to see reports that show the availability of lots, location,
etc… to keep the Planning Commission aware of what is out there within the County. Mr. Ruddy noted
that focus on and Area Plan may be more useful for this request and the possibility to incorporate this
information in rezoning applications could be accommodated.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn
the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The
meeting adjourned at 7:40 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #05-16
EDWIN ELVIRA
Staff Report for the Planning Commission
Prepared: June 24, 2016
Staff Contact: M. Tyler Klein, AICP, Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/06/16 Pending
Board of Supervisors: 07/27/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a retail
nursery/landscaping business in the RA (Rural Areas) Zoning District. Should the Planning
Commission find this application for a retail nursery and landscaping business 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 all
improvements completed prior to establishment of the use.
3. One, non-illuminated, freestanding monument business sign is allowed with this Conditional
Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in
area.
4. Hours of operation shall be limited to 8 a.m. to 8 p.m. seven (7) days a week.
5. The site should have no more than four (4) employees.
6. Any expansion or change of use shall require a new Conditional Use Permit
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 #05-16, Edwin Elvira
June 24, 2016
LOCATION: This property is located at 1590 Fairfax Pike, White Post, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87-1-B
PROPERTY ZONING & PRESENT USE:
Zoned: Rural Areas (RA)
Land Use: Mixed-Use Commercial/Office
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Rural Areas (RA) Use: Residential
South: Rural Areas (RA) Use: Vacant/Agricultural Use: Residential
East: Rural Areas (RA) Use: Vacant/Agricultural
West: Rural Areas (RA) Use: Residential
PROPOSED USE:
The Applicant proposes a retailing/wholesaling of nursey stock and related products including
greenhouses and hardscaping displays on an existing RA property. The Applicant will utilize
existing structures on site, including a single-family detached farmhouse, outbuildings for use as
business offices and storage, and the existing greenhouse structures for growing/displaying retail
nursery stock. The Applicant intends to use the property for a residence, production of retail
nursery stock (trees, shrubs and plants), to display hardscaping materials (stone, brick and
concrete) and storage. A freestanding monument sign will also be located at the drive from Route
277.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little impact on Route 277, the VDOT facility which would provide
access to the property. Prior to operation of the business a commercial entrance must be
constructed to our standards to allow for safe egress and ingress of the property. We would
support the Applicant’s request provided the entrance is upgraded to meet our current
commercial entrance standards. Any work performed on the State’s right-of-way will require a
detailed “VDOT approved” design from a professional engineer, a Land Use Permit Application,
fee, and surety. A commercial entrance is required to meet intersection sight distance, the
existing entrance appears to be close to meeting intersection sight distance requirements, but this
will need to be verified and shown as part of the new entrance design.
Page 3
CUP #05-16, Edwin Elvira
June 24, 2016
Frederick County Sanitation Authority: Applicant shall not place improvements on FCSA
easement that are in violation of recorded deed of easement.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection as long as there is no increase in water usage. Therefore, no employees or
bathroom facilities can be added. If these items are added to the property, an OSE will have to
evaluate the existing system to decide if it is adequate for additions.
Frederick County Fire Marshall: Plans approved. Permit approved provided that at least 1 –
5lb multi-purpose ABC (2A 10B/C) fire extinguisher be readily accessible within75’ of areas
being used by the public.
Frederick Count Inspections Department: Please see attached letter from John Trenary dated
June 16, 2016.
Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering land use actions. The location of
this proposed retail nursey and landscaping is in a part of the County that is planned for future
mixed-use commercial/office as part of the Route 277 Triangle and described in the 2030
Comprehensive Plan and Southern Frederick Area Plan respectively. The Frederick County
Zoning Ordinance allows a retailing or wholesaling of nursey stock and related products in the
RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The
proposed use will take place within existing structures (farmhouse, outbuildings, and
greenhouse) on the 10.2-acre site and is generally compatible with surrounding agricultural and
residential uses. The site was previously occupied by Ben Lea Nursery (retail nursey), with use
of the site vacant for more than a year, requiring a new CUP to re-establish the use.
Based on the description of the use provided by the Applicant, there will be no more than four
(4) employees on-site, and hours of operation of Sunday through Saturday from 8:00 a.m. to 8:00
p.m. Staff recommends, the Planning Commission consider flexibility in the hours of operation
as seasonal variations may be appropriate. There will be one (1) monument sign with this
Conditional Use Permit, a five (5) foot tall 50 square foot sign at the site entrance facing Route
277. The Applicant has agreed to the signage, hours, and days of operation.
An engineered site plan will also need to be submitted, and approved by Frederick County prior
to the establishment of the use. This will ensure all requirements of the Zoning Ordinance,
agency comments, and final details on the layout of the site can be reviewed and approved by
staff.
Based upon this proposed use, the previous use of the site as a commercial nursey and evaluation
of the property, it appears this use would not have any significant impacts on the adjoining
properties or the environment pending a site plan is approved before the use is established.
Page 4
CUP #05-16, Edwin Elvira
June 24, 2016
STAFF CONCLUSIONS FOR THE 07/06/16 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 all
improvements completed prior to establishment of the use.
3. One, non-illuminated, freestanding monument business sign is allowed with this
Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50)
square feet in area.
4. Hours of operation shall be limited to 8 a.m. to 8 p.m., seven (7) days a week.
5. The site should have no more than four (4) employees.
6. Any expansion or change of use shall require a new Conditional Use Permit
01277
87 1 B
214APPRENTICE LN
1702FAIRFAXPIKE
201RIDINGS LN
109APPRENTICE LN
1500FAIRFAXPIKE 1675FAIRFAXPIKE
1518FAIRFAXPIKE
1677FAIRFAXPIKE
1450FAIRFAXPIKE
107APPRENTICE LN
107APPRENTICE LN
1636FAIRFAXPIKE
1532FAIRFAXPIKE
127APPRENTICE LN
127APPRENTICE LN
1615FAIRFAXPIKE
1605FAIRFAXPIKE
1597FAIRFAXPIKE
1579FAIRFAXPIKE
1555FAIRFAXPIKE
1553FAIRFAXPIKE
206WRIGHTSRUN LN
160JOURNEYMAN LN
1487FAIRFAXPIKE
FAI
R
F
A
X
PIK
E
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)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 13, 2016Staff: mcheran/tklein
FAIRFAX PIKE
RID
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G
S
L
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JOUR
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01277
CUP # 05 - 16Edwin ElviraPIN:87 - 1 - BRetail Nursery/Landscaping
0 300 600150 Feet
CUP #05-16
CUP # 05 - 16Edwin ElviraPIN:87 - 1 - BRetail Nursery/Landscaping
01277
87 1 B
214APPRENTICE LN
1702FAIRFAXPIKE
201RIDINGS LN
109APPRENTICE LN
1500FAIRFAXPIKE 1675FAIRFAXPIKE
1518FAIRFAXPIKE
1677FAIRFAXPIKE
1450FAIRFAXPIKE
107APPRENTICE LN
107APPRENTICE LN
1636FAIRFAXPIKE
1532FAIRFAXPIKE
127APPRENTICE LN
127APPRENTICE LN
1615FAIRFAXPIKE
1605FAIRFAXPIKE
1597FAIRFAXPIKE
1579FAIRFAXPIKE
1555FAIRFAXPIKE
1553FAIRFAXPIKE
206WRIGHTSRUN LN
160JOURNEYMAN LN
1487FAIRFAXPIKE
FAIRFAX
PIKE
Applications
Parcels
Building Footprints
I
Note:Frederick C ounty D ept ofPlanning & D evelopment107 N Kent StSuite 202Winchester, V A 22601540 - 665 - 5651Map Created: June 13, 2016Staff: mcheran/tklein
FAIRFAX PIKE
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CUP # 05 - 16Edwin ElviraPIN:87 - 1 - BRetail Nursery/Landscaping
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CUP #05-16
CUP # 05 - 16Edwin ElviraPIN:87 - 1 - BRetail N ursery/Lands caping
C
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
TO: Frederick County Planning Commission
FROM: John A. Bishop, AICP, Assistant Director – Transportation
RE: Update of the Interstate, Primary, and Secondary Road Plans
DATE: June 22, 2016
This is a public hearing item to consider the update of the 2016 – 2017 Interstate,
Primary, and Secondary Road Improvement Plans.
Summary of Changes:
1. Interstate Road Improvement Plan – No Changes
2. Primary Road Improvement Plan
a. Addition of Route 7 and Route 50 East and West widening areas per MPO
modeling.
3. Secondary Road Improvement Plan
a. Update of rankings and promotion of Hollow Road to scheduled list for
non-hard surface roads.
b. Addition of notation that clarifies allocations are based upon VDOT
revenue projections.
The Transportation Committee reviewed this item on June 20, 2016 and has
recommended approval to the Board of Supervisors. Staff is seeking a recommendation
from the Planning Commission to the Board of Supervisors on the plans.
Attachments
JAB/pd
MEMORANDUM
2016-2017
INTERSTATE ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 6/20/2016
Frederick County Planning Commission:
Frederick County Board of Supervisors:
I-81 Improvements:
Provide additional travel lanes on the main line, evaluate collector-distributor lanes
adjacent to the main line, modifications to existing interchange areas, and develop new
interchange areas and bridge crossings of the main line as recommended by the WinFred
MPO Long Range Plan.
In addition, as the State continues to work toward an ultimate plan for the I-81 widening,
the County of Frederick continues to support the study of Eastern Route 37 as a potential
corridor on new location as an alternative for that effort.
Moreover, the County of Frederick supports exploration of the potential for rail
transportation as a component of the Interstate 81 Corridor improvements.
A) Phase 1 of the FHWA approved interchange modification to Exit 310
(as illustrated on map as priority A)
B) Relocate Exit 307 further south to alleviate existing and future congestion on
Route 277. Note: Relocation study is underway.
(as illustrated on map as priority B)
C) Widen I-81 from Fairfax Pike to Route 37 North. This should include the
relocation of the 277 Interchange.
From: Route 277, Exit 307
To: Route 37 North, Exit 310
(as illustrated on map as priority C)
D) Widen Remainder of I-81 in Frederick County
From: West Virginia line
To: Warren County line
(as illustrated on map as priority D)
E) Spot Improvements on I-81 in Frederick County. Provide spot improvements at
various interchanges to increase capacity and/or enhance safety for the motoring
public.
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Winchester
Middletown
StephensCity 2016 - 2017Interstate RoadImprovement Plan
0 2.5 51.25 Miles
Priority A
Priority B
Priority C
Make Safety & Operational Improvements at Exit 310!(
Widen I81 fromRt277 N to Rt37 N
Widen Remainder of I81Priority D
!(Urgent Need for Increased StudyRelocate Exit 307 at RT 277
2016-2017
PRIMARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 6/20/2016
Frederick County Planning Commission:
Frederick County Board of Supervisors:
1) Route 37 Bypass
A. Route 37 - Phase 1
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate
1-81 to Front Royal Pike (Route 522 South).
(As illustrated on map as priority 1A)
B. Route 37 - Phase 2
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between existing Route 37 around Stonewall
Industrial Park and Route 7.
(As illustrated on map as priority 1B)
C. Route 37 - Phase 3
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between Route 7 and Route 522.
(As illustrated on map as priority 1C)
2) Route 277 (East of Stephens City)
From: I-81/Route 277/Route 647 Intersection (East of Stephens City)
To: Route 340/Route 522 South Intersection (East of Double Toll Gate)
Improve to a four lane divided roadway with County Staff to work with site developers to
acquire dedicated right-of-way and achieve grading, drainage, and construction
improvements in conjunction with development projects which occur along the corridor
until such time that funding is available for construction.
Establish a construction schedule for the phased improvement of Fairfax Pike (Route
277).
Program funding for the completion of right-of-way acquisition and construction of each
phase as described above.
3) Route 11 (North and South of Winchester)
A) Establish an Urban Divided Four Lane System
From: Southern limits of the City of Winchester
To: 0.4 miles south of intersection of Route 37 South, Exit 310
(As illustrated on map as priority 3A)
B) Establish an Urban Divided Six Lane System
From: Northern limits of the City of Winchester
To: Intersection of Cedar Hill Road
(As illustrated on map as priority 3B)
C) Establish an Urban Divided Four Lane System
From: Intersection of Cedar Hill Road
To: West Virginia line
(As illustrated on map as priority 3C)
4) Route 7 – Establish a 6 Lane Cross Section
From: Exit 315 Interchange
To: Future Route 37 Interchange
(As illustrated on map as priority 4)
5) Route 50 East and West
A) Establish a 6 Lane Cross Section
From: The Interchange at Exit 313
To: The Future Route 37 Interchange
(As illustrated on map as priority 5A)
B) Establish a 6 Lane Cross Section
From: The Interchange with Route 37
To: Poorhouse Road
(As illustrated on map as priority 5B)
6) South Frederick County Parkway
From: Relocated Exit 307
To: Intersection with Route 277 approximately 1 mile west of the intersection of
Route 277 and Route 522
This is a planned new roadway with limited access points serving a mixture of
predominantly commercial and industrial development.
There is a need to study this project in conjunction with the Exit 307 relocation and
planning for Route 277 improvements noted in item 3.
Phasing of this project is not yet clearly defined, however general phasing would be from
West to East with the clear first phase being from relocated Exit 307 to Warrior Drive.
(As illustrated on map as priority 6)
7) Commuter Park and Ride Lots
Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work
with the Northern Shenandoah Valley Regional Commission to determine appropriate
locations for park and ride facilities at other strategic locations within the County’s Urban
Development Area. For Park and Ride locations in Frederick County the primary goal
should be that they are situated in such a manner that they reduce traffic in Frederick
County in addition to adjacent localities.
(As illustrated on map as priority 7)
1A
2
3C
3A
1B
1B
1C
2
3B
5A
5B
4
6
Winchester
Stephens City
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2016 - 2017Primary RoadImprovementPlan
0 1 20.5 Miles
Rt37 By pass Phases
Priority 1A
Priority 1B
Priority 1C
Rt277 East of StephensCity
Priority 2
Rt11 North & South
Priority 3A
Priority 3B
Priority 3C
Rt7
Priority 4
Rt50
Priority 5A
Priority 5B
South Frederick County Parkway
Priority 6
Commuter - Park & Ride Lots
!(Priority 7
3B
2016/17-2021/22
SECONDARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 06/20/2016
Frederick County Planning Commission:
Frederick County Board of Supervisors:
MAJOR ROAD IMPROVEMENT PROJECTS
2016/2017 through 2021/2022
Major road improvement projects command the reconstruction of hardsurfaced roads to
enhance public safety. Improvements required for road width, road alignment, road strength,
and road gradient are considered major road improvements projects.
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1)
655
Sulphur Springs
Road
Route 50
.30 Mi East
Rt. 656
6000
1.1 miles
SH
$7,505,445
After
2022
$5,798,052
Allocated
2)
661
Red Bud Road
.47 Mi
South
Route 11
Int.
Snowden
Bridge
Blvd.
1300
0.5 miles
ST
$2,000,000
After
2022
Partial
Funded
Relocation
3)
672
Brucetown Road
Route 11
.35 Mi East
3200
0.35 miles
ST
$1,500,000
Significantly
Variable
UN/SH
Partial
Funded
$100,000
Thru Plan
4)
788
East Tevis Street
Route 522
W inchester
City Limit
N/A
0.44 miles
SH
$10,414,000
Revenue
Sharing
UN/SH
Appited for
R/S Funds
5)
788
East Tevis Street
Route 522
I-81
N/A
0.40 miles
SH
$1,400,000
Revenue
Sharing
UN/SH
Cover Overall
Project Needs
6)
11
Martinsburg Pike
Under 81
Overpass
Exit 317
16000
0.20 miles
ST
$3,346,924
Revenue
Sharing
UN/SH
LF Turn Lns
SBound @
I-81 Overpass
$1.9 Mil Short
on Funding
HB-2
7)
723
Carpers Valley Road
At Clarke
County line
1100
N/A
SH
$1,262,327
2017
Federal
Bridge
Replacement
Funding
8)
788
Renaissance
.24 Mi
W est
Route 11
Int. Shady
Elm Road
N/A
.18 miles
BC
$1,635,658
UN/SH
R/S
Funds
9)
659
Valley Mill Road
.5 Mi East
Of
Channing
Dr.
Rt. 7
N/A
.65 miles
RB
$7,200,000
UN/SH
R/S Funds
Under Funded
$5.2M
10)
645
Airport Road
Extension
Int
Route 522
Int East
Tevis
Road
N/A
.4 Miles
SH
$5,600,000
UN/SH
R/S
Funds
11)
883
Snowden Bridge
Blvd.
Int.
Route 11
Directly
before Int.
Milburn
N/A
.8 Miles
ST
$8,136,700
Under
Const.
R/S Funds
12)
1012
Town Run Lane
280 Ft. S.
Stickley Drive
Int.
210 Ft. N.
Stickley
Drive
Int.
N/A .1 Miles $150,000
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Winche ster
Stephens City
Frederick CountyMajor RoadImprovement Projects2016/2017 thru 2021/2022
0 1 20.5 Milesµ
1
2
3
4 5
6
78
9
10
11
12
1. Sulphur Springs Rd
2. Redbud Rd
3. Brucetown Rd
4. East Tevis Street
6. Martinsburg Pike
7. Carpers Valley Rd8. Renaissance Dr9. Valley Mill Rd
5. East Tevis Street
11. Snowden Bridge Blvd
10. Airport Rd Extension
12. Town Run Ln
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2016/2017 through 2021/2022
Non-Hardsurface road improvement projects provide impervious resurfacing and reconstruction
of non-hardsurfaced secondary roads. Non-Hardsurface improvement projects are prioritized by
an objective rating system, which considers average daily traffic volumes; occupied st ructures;
physical road conditions including geometrics, drainage, and accident reports; school bus
routing; and the time that project requests have been on the Secondary Road Improvement
Plan.
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C O M M E N T S
671
Woodside Road
Route 11
0.4 East of
Route 11
50
0.4 miles
ST
$144,000
UN/SH
$20,000
Allocated
Potential Rural
Rustic/Funding
by Others
671
Woodside Road
Route 669
WV Line
270
0.30 miles
ST
$91,500
2017
CTB Unpaved
Roads Funding
661
W right Road
Route 669
WV Line
240
1.84 miles
ST
$561,200
2018
CTB Unpaved
Roads Funding
629
Carter Lane
Route 631
Route 625
220
1.8 miles
BC
$549,000
2019 CTB Unpaved
Roads Funding
692
Pack Horse Road
1.2 Mi NE
of Rt. 600
Route 671
210
1.4 miles
GA
$427,000
2020
CTB Unpaved
Roads Funding
629
Laurel Grove Road
Route 622
1.25 Mi W
of
Rt. 622
200
1.25 miles
BC
$376,000
2021 CTB Unpaved
Roads Funding
629
Laurel Grove Road
1.25 Mi W
of
Rt. 622
2.5 Mi W of
Rt. 622
200
1.25 miles
BC
$376,000
2022 CTB Unpaved
Roads Funding
707
Hollow Road
WV state
line
Rt. 610
Muse Road
190
1.8 miles
$495,000
CTB Unpaved
Roads Funding
*NOTE: Projects are placed on the scheduled list based upon VDOT revenue projections. Changes to those projections can lead to
projects being delayed or removed from the scheduled list.
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Winche ster
Stephens City
Middletown
Frederick CountyNon-Hardsurfaced RoadImprovement Projects2016/2017 thru 2021/2022
µ
0 4 82 Mil es
1
2
3
4
5
6
7
1. Woodside Rd
2. Woodside Rd
3. Wright Rd
4. Carter Ln
5. Pack Horse Rd
6. Laurel Grove Rd
7. Laurel Grove Rd
8. Hollow Rd
8
UNSCHEDULED
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
RATINGS NOT UPDATED
2016/2017 through 2021/2022
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C O M M E N T S
1) 677 Old Baltimore
Road
Route 676 Route 672 220 1.2 Miles GA 77
2) 730 Babbs Mountain
Road
Route 654 Route 677 90 .90 Miles GA 73
3) 695 Middle Fork Road 2.3 Mi N of Route 522 WV Line 50 .90 Miles GA 68
4) 811 Timberlakes Ln 671 671 280 0.25
Miles
ST 68
5) 644 East Parkins Mill
Road
Route 50 Clark Co. Ln 200 .81 Miles SH 67
6) 733 Fletcher Road Route 50 Route 707 170 1.3
Miles
GA 66
7) 612 Fishel Road Route 600 Route 600 60 1.6
Miles
BC 66
8) 636 Canterburg Road Route 640 Route 641 140 1.5
Miles
OP 63
9) 638 Clark Road Route 625 Route 759 90 0.8
Miles
BC 63
10) 607 Heishman Road Route 600 End of State
Maintenance
70 0.78
Miles
BC 62
11) 682 Glaize Orchard
Road
Route 608 Route 671 240 1.54
Miles
GA 61
12) 667 Sir John’s Road Route 672 Last Residence 290 2.37
Miles
ST 60
13) 696 South Timber
Ridge Road
Route 522 Route 694 220 1.3
Miles
GA 59
14) 634 Cougill Road Route 635 Route 11 120 0.25
Miles
BC 58
15) 636 Huttle Road Route 709 Route 735 110 1.1
Miles
OP 53
16) 685 Light Road Route 600 Route 681 80 1.3
Miles
GA 51
17) 616 McDonald Road Route 608 .44 Mi N of Route
608
60 .45
Miles
GA 51
18) 731 Cattail Road Route 608 Route 654 60 1.7
Miles
GA 51
19) 608 Hunting Ridge
Road
Route 682 2.41 Miles West of
Route 682
90 2.41
Miles
GA 51
20) 671 Shockeysville Road Route 690 .90 Miles West of
690
120 .90
Miles
BC 47
21) 671 Mount Olive Road Route 50 Route 600 110 .77
Miles
GA 40
Note: Project ratings are updated only when funding is available to promote projects to the scheduled
list.
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BACK CREEK
GAINESB ORO
STONEWALL
OPEQUON
SH AWNEE
REDBUDWinchester
Stephens City
Middletown
Frederick CountyUnscheduledNon-Hardsurfaced RoadImprovement ProjectsRatings Not Updated2016/2017 thru 2021/2022
µ
0 4 82 Miles
1. Old Baltimore R d
2. Babbs Mountain Rd
3. Middle F ork R d
4. Timberlakes Ln
5. East Parkins Mill Rd
6. Fletcher R d
7. Fishel R d
8. Canterburg Rd
9. Clark R d
10. H eishman R d
11. Glaize Orchard R d
12. Sir John's R d
13. South Timber R idge R d
14. C ougill R d
15. H uttle R d
16. Light Rd
17. McDonald R d
18. C attail Rd
19. H unting Ridge Rd
20. Shockeysville Rd
21. Mount Olive R d