PC 05-04-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
May 4, 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) March 16, 2016 and April 6, 2016 Minutes .................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #03-16 for Shawnee Canning Company Inc., submitted by Painter-Lewis,
PLC, to rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General
Business) District with Proffers. The property is located at 231 Cross Junction Road, less
than 0.3 miles from the intersection with US Route 522 North (North Frederick Pike) in
the Gainesboro Magisterial District, and is identified by Property Identification Number
18-A-41.
Mrs. Perkins .................................................................................................................... (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 3319
Minutes of March 16, 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 March 16, 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; Christopher M. Mohn, Red Bud District; Charles F.
Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District;
Roderick B. Williams, County Attorney.
ABSENT: Stanley Crockett, Stonewall District
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning and Subdivision Administrator; and
Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the March 16, 2016 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the
Planning Commission unanimously adopted the minutes of their February 17, 2016 meeting.
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Frederick County Planning Commission Page 3320
Minutes of March 16, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 3/14/16
Commissioner Mohn reported the committee wrapped up the review of working group
updates. In particular the committee touched on Parks and Recreation, Transportation, Schools, and
Economic Development. He noted the next step will be Mr. Ruddy sharing the proposals with the
Planning Commission at the retreat scheduled April 20th.
Frederick County Sanitation Authority (FCSA) – Mtg. 3/15/16
Commissioner Unger reported the Sanitation Authority is planning an update to the sewer
line on Route 522 South which is currently flowing to the Opequon Plant. He explained their intent is to
have a sewer line take the flow to the plant on Parkins Mill Road so it will be more effective.
Commissioner Unger continued there is a similar problem on Route 11 North, the sewer lines in that area
need to be improved to get better flow to the plant. Commissioner Unger reported the Sanitation
Authority is seeking to hire an IT employee; this has been approved to move forward.
Commissioner Unger noted the Sanitation Authority is seeking to build a storage building
behind the facility. He reported there has been a problem in Stephens City; they found a row of houses in
Fredericktown with broken saddles. He noted they are going to try to correct those problems this summer
and it will cost approximately $450,000. Commissioner Unger concluded the Sanitation Authority
adopted new water and sewer rates for Stephens City.
City of Winchester Planning Commission
Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported the
Winchester Planning Commission held their annual retreat; most of the discussion evolved around the
City’s new 2016 Strategic Planning goals. He continued at the March 15, 2016 meeting a Public Hearing
was held for the Ordinance pertaining to bonus incentives to allow the increased density for planned unit
development which was approved and forwarded to the Winchester City Council.
Board of Supervisors Report – Mtg. 3/09/16
Chairman Wilmot reported on behalf of Supervisor Blaine Dunn the Board of
Supervisors denied a request for Conditional Use Permit #01-16 for Sharlyn Moore.
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Frederick County Planning Commission Page 3321
Minutes of March 16, 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.
Ms. Sandra Carper Ambrose of the Shawnee Magisterial District came forward to speak
in regards to MDP #01-16 for Raven Oaks. She emphasized she would like to see the fence that was built
at the initial development stage be continued with this process as well. Ms. Carper Ambrose commented
on the proposed real estate rate increase. She feels this would place a strain on the budget having more
children in our schools.
Ms. Wendy Johnson of the Shawnee Magisterial District voiced her concern with MDP
#01-16 for Raven Oaks and the extremely high volume of traffic that goes through the development on a
daily basis. She inquired when Inverlee Way would be completed and noted a larger thoroughfare is
needed to accommodate the heavy traffic.
Mr. Matt Holben of Huntersridge Road was the next citizen to come forward regarding
MDP #01-16. Mr. Holben expressed his concern with the high volume of traffic that comes off Route 50.
He noted the constant noise this creates as well as the high speed at which most of the vehicles travel.
Mr. Holben believes Inverlee Way needs to be completed before there can be any further development.
Mr. Holben concluded the traffic needs to be monitored and signalization needs to be put in place on
Senseny Road and throughout the development.
Mr. Chris Perry expressed his concerns with the traffic and the safety of children
throughout the neighborhoods pertaining to MDP #01-16. Mr. Perry feels the infrastructure in place now
will not support further development.
No one else came forward to speak and Chairman Wilmot closed the citizen comments
portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #01-16 for Martha Sparkman submitted for a Cottage Occupation –
Massage Therapy. The property is located at 1045 Valley Mill Road, Winchester, Virginia and is
identified with Property Identification Number 55-A-176A in the Red Bud Magisterial District.
Action – Recommend Approval
Zoning and Subdivision Administrator, Mark R. Cheran reported this application is a
request for a Conditional Use Permit (CUP) for a Cottage Occupation – Massage Therapy. Mr. Cheran
continued the property is zoned RP (Residential Performance) and the current land use is residential. Mr.
Cheran presented maps of the location. He continued Cottage Occupations are permitted in the RP
(Residential Performance) Zoning District with a approve CUP. Mr. Cheran explained this proposed
Cottage Occupation is for massage therapy that will take place within one room of the Applicant’s home.
He noted there will be no more than one customer at any given time and there will be no employees
associated with this CUP. Mr. Cheran reviewed the conditions of the CUP s hould the Planning
Commission find the use appropriate:
Frederick County Planning Commission Page 3322
Minutes of March 16, 2016
1. All review agency comments shall be complied with at all times
2. No more than one customer at a time
3. No employees allowed with this use
4. One business sign shall be allowed (4 sq. ft. x 5 ft. high)
5. Any expansion or modification of this use will require the approval of a new CUP
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.
Commissioner Dunlap mentioned the comment made by VDOT requesting the addition
of a condition limiting the trips per day to 50. Mr. Cheran noted that can be added but staff does not see
the need at this time.
Commissioner Triplett requested clarification on the condition of one customer at a time.
Ms. Sparkman explained she only has one table and can only work on one customer at a time. Ms.
Sparkman commented on the trips per day and noted her sessions with customer take approximately an
hour therefore the number of 50 trips per day would be impossible to reach.
Upon motion made by Commissioner Dunlap and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #01-16 for Martha Sparkman, submitted for a Cottage Occupation –
Massage Therapy. The property is located at 1045 Valley Mill Road, Winchester, Virginia and is
identified with Property Identification Number 55-A-176A in the Red Bud Magisterial District.
(Note: Commissioner Crockett was absent from the meeting.)
Rezoning #02-16 for I-81 West Business Park, submitted by GreyWolfe, Inc., to rezone 36.676 acres
from the RA (Rural Areas) District to the B2 (Business General) District, 45.453 acres from the RA
(Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA
(Rural Areas) District to the M1(Light Industrial) District, with proffers. The properties are
located on the west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt.
672) in the Stonewall Magisterial District, and are identified by Property Identification Numbers
33-A-113, 33-A-124 and 33-A-114B.
Action – Tabled for 30 days
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Assistant Director, Candice E. Perkins reported this application is to rezone a total of
155.489 acres of land from the RA (Rural Areas) District to the B2, B3, and M1 Districts with proffers, to
accommodate commercial and industrial uses. Ms. Perkins continued the property is located within the
Sewer and Water Service Area (SWSA) and in general, the proposed industrial and commercial zoning is
consistent with the current land use supported by the Comprehensive Plan. Ms. Perkins noted with this
rezoning application the applicant is requesting an allowance for commercial and industrial uses. She
continued within the proffer statement there is a condition that limits the daily trips to 6,330 per day. The
Frederick County Planning Commission Page 3323
Minutes of March 16, 2016
applicant has also proffered a monetary contribution to Fire and Rescue of $0.05 per building square foot
and have proffered to Frederick County Sanitation Authority to construct a ground level water tank on the
property.
Assistant Director Transportation, John A. Bishop presented mapping of the site with the
Eastern Road Plan overlay. Mr. Bishop explained the applicant has proffered a two lane road on a 60 foot
right-of-way however within the Comprehensive Plan there is a major collector road which would require
an 80 foot right-of-way. He continued the applicant has proffered to enter into signalization agreements;
the TIA (Traffic Impact Analysis) has not quite triggered the need for signals at this time however it is
close enough to be of a concern to VDOT and Staff. Mr. Bishop has requested flexibility to this proffer;
specifically should something else develop at the intersection of Hopewell Road, Brucetown Road, and
Martinsburg Pike. Mr. Bishop reported the Eastern Road Plan does include potential plans for a split
interchange that was done when the Route 11 study was completed and it was modeled using MPO
resources and basically the point was the lack of area on Route 11 North for a major interchange however
the land use plan calls for significant additional development. Mr. Bishop continued this was proposed as
a way to help spread out the demand on that interchange; it takes the ramps on the north side of Hopewell
Road and brings them to the north side of Cedar Hill Road and connects via frontage roads along I-81.
He noted the applicant does not control all of that property. Mr. Bishop requested the applicant look at
the situation and give consideration on how they may be able to handle that as it is unaddressed in the
proffers. He noted this is something continuously being studied through the MPO and is being called the
317 Area study.
Mr. Tim Stowe representing the applicant came forward and presented a brief overview
of this project. He reported the project has been scaled back in order to manage the traffic and the other
concerns. Mr. Stowe continued the proffer that addresses the traffic was developed in consideration of
the interchange at I-81 as well as the intersection of Hopewell Road, Martinsburg Pike, and Brucetown
Road. Mr. Stowe explained on Friday March 11, 2016 the applicant received comments from VDOT that
deal primarily with the proffers; they have communicated with Staff since that time and have updated the
proffers. In summary Mr. Stowe noted the adjustments made by the applicant; the north south road
(Alfalfa Lane) will include a multi-use trail; right-of-way increased to 80 foot; adding additional right-of-
way on Cedar Hill Road to widen to 80 foot; reconfigured ramps and proffered an alignment and right -of-
way; adjusted the signal proffer. Mr. Stowe concluded the water tank proffer has a time limit and the
Frederick County Sanitation Authority is completing a study on this.
Commissioner Unger asked does VDOT seem satisfied with the proffer adjustments. Mr.
Stowe responded the adjustments were sent to them today.
Commissioner Thomas inquired to what is the level of service in the TIA at the
intersection. Mr. Stowe explained it was looked at two ways and the applicant proposed an all way stop
which put the level at a C and VDOT was satisfied with that.
Commissioner Mohn asked to what extent Staff has reviewed the updated information.
Mr. Bishop reported the information has been addressed with the exception of a VDOT request for greater
analysis of the interchange.
Commissioner Thomas directed a question to Mr. Roderick B. Williams, County
Attorney; are the members within purview to reference the revised proffers that have not been seen by the
Planning Commission. Mr. Williams responded it is the Planning Commission’s discretion on how to
proceed. He noted he has briefly reviewed the updates.
Frederick County Planning Commission Page 3324
Minutes of March 16, 2016
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward. Mrs. Becky Morrison came forward and expressed her concern with the traffic this
project will generate in the area. No one else came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
Commissioner Mohn commented he is comfortable with this rezoning. He is concerned
with moving forward without having seen the updated materials and he would prefer to table this
rezoning.
Commissioner Unger made a motion to table this rezoning application for 30 days. This
motion was seconded by Commissioner Mohn and unanimously passed.
BE IT RESOLVED, the Frederick County Planning Commission unanimously agrees to table Rezoning
#02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., for 30 days.
(Note: Commissioner Crockett was absent from the meeting.)
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INFORMATION/DISCUSSION ITEM
Master Development Plan #01-16 for Oakdale III, Raven Pointe, Raven Oaks & Raven Wing,
submitted by Pennoni Associates, Inc. This application seeks to revise the Master Development
Plan (MDP) for the Oakdale III, Raven Pointe, Raven Oaks and Raven Wing Development to
modify Raven Oaks (Phase 7 and 8). This MDP revision proposes to change the unit types
originally approved and update the road layout. The subject properties are located between
Senseny Road (Rt. 657) and Millwood Pike (Rt. 50 East) in the Shawnee Magisterial District, and
are identified by Property Identification Numbers 64-A-119 and 64-A-117.
No Action Required
Assistant Director, Candice E. Perkins reported this Master Development Plan (MDP) for
Oakdale III, Raven Pointe, Raven Oaks, and Raven Wing Development (collectively called The Ravens)
is to primarily modify Phases 7 and 8 of Raven Oaks. She explained the MDP revision proposes to
change the unit types originally approved and to update the road layout. Ms. Perkins provided a locations
map of the property. She continued the original MDP depicted Raven Oaks being developed with mixed
housing types (single family, duplex, multiplex, etc.). Ms. Perkins noted a number of those housing types
were eliminated when the RP (Residential Performance) section was updated a number of years ago. She
continued the revised MDP proposes to develop up to 50 single family detached units and 171 attached
(townhouse) units on the 42.40 acre portion of section 7 and 8 at a density of 5.2 units per acre. Ms.
Perkins noted the revised MDP is consistent with the overall unit maximum approved with all the
previous revisions of The Ravens with a cap of 720. She emphasized this development consists of un-
proffered RP (Residential Performance) land.
Ms. Perkins concluded this Master Development Plan appears to be consistent with the
requirements of the zoning ordinance and it is administratively approvable.
Commissioner Thomas inquired is it consistent with the development plan in that there
are intersections that are totally non-controlled with stop signs. Ms. Perkins explained everything that has
been built upon over the years with the subdivision design plans; starting from the original Oakdale, it has
all been in conformance with the master plans and all has been reviewed by VDOT. Commissioner
Frederick County Planning Commission Page 3325
Minutes of March 16, 2016
Thomas asked if there is some way a request could be made to VDOT for more control at those
intersections. Assistant Director Transportation, John A. Bishop explained this can be requested and must
be warranted to do so, on a case by case basis.
Commissioner Marston requested clarification on the road that is not complete. Mr.
Bishop explained Inverlee Way is eventually supposed to go through to Senseny Road and it is in the
Comprehensive Plan. Mr. Bishop continued this completion goes across property that is not for sale and
there are funding restrictions. He noted he has met with VDOT and property owners to try to enter into a
traffic calming program study.
Commissioner Thomas does not feel the amount of trips per day this will generate is
acceptable without the road completion or some type of signalization. He understands this is a by right
development and possibly the developer needs to be told the timing is not right for th is project. Mr.
Bishop agreed this is a by right situation which has made it difficult for everyone. Commissioner Thomas
asked about the original rezoning of the property. Ms. Perkins noted there was not a rezoning of this
property and this has historical RP (Residential Performance) zoning and is shown on the 1960’s
mapping. She reiterated there are no proffers associated with this development.
Commissioner Manuel would like to see the HOA take the lead and get VDOT on board.
A citizen commented there is not a HOA for Oakdale Crossing.
There were no further questions or comments from the Planning Commission.
(Note: Commissioner Crockett was absent from the meeting.)
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OTHER
Chairman Wilmot commended Assistant Director, Candice Perkins for placing useful
documents on the iPad of the Planning Commission members.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn
the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The
meeting adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
Frederick County Planning Commission Page 3326
Minutes of April 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 April 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;
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District; Kevin
Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County
Attorney.
ABSENT: J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Candice E. Perkins, Assistant Director; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the April 6, 2016 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the
Planning Commission unanimously adopted the minutes of their March 2, 2016 meeting.
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Frederick County Planning Commission Page 3327
Minutes of April 6, 2016
COMMITTEE REPORTS
Transportation Committee – Mtg. 4/4/16
Commissioner Kenney reported the committee moved the Comprehensive Plan update
discussion to the next Transportation Committee meeting. He noted Mr. John Bishop presented an
overview and update on House Bill 2 and the MPO program.
Board of Supervisors Report – Mtg. 3/23/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board of
Supervisors approved a 12 month outdoor festival permit for Trumpet Vine Farm.
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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 #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to rezone 36.676 acres
from the RA (Rural Areas) District to the B2 (Business General District), 45.453 acres from the RA
(Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA
(Rural Areas) District to M1 (Light Industrial) District, with proffers. The properties are located
on the west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672) in
the Stonewall Magisterial District, and are identified by Property Identification Numbers 33-A-113,
33-A-124, and 33-A-114B
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Assistant Director Transportation, John A. Bishop reported this application is to rezone a
total of 155.489 acres from the RA (Rural Areas) District to the B2 (Business General), B3 (Industrial
Transition), and M1 (Light Industrial) Districts with proffers. He reviewed the GDP (Generalized
Development Plan) which was provided with the original application and noted the transportation
concerns discussed at the March 16th Planning Commission meeting: more flexibility with regard to the
signalization proffers to allow for potential conversions to cash should a likely and worthy project arise
and the flexibility be needed; proffered 60 foot right-of-way for potential major collector road; Eastern
Road Plan shows frontage roads through the property to a future split interchange that was not addressed.
Frederick County Planning Commission Page 3328
Minutes of April 6, 2016
Mr. Bishop reported the applicant has since provided updated proffers. Mr. Bishop explained the GDP
looks relatively similar with the exception of additional ramp lines through the two land bays that are
closest to the interstate; they are meant to address the split interchange. He noted a property that is in the
middle (Open Door Church) which has a large cross structure along I-81 and a cemetery that is being
developed. Mr. Bishop reported this new configuration has not yet been approved by VDOT; and noted
the past configuration was not taken through a full federal highway approval process. Mr. Bishop
continued the applicant has increased the right-of-way for their main central roadway (Alfalfa Lane) to
allow for a major collector road; the applicant will be constructing two lanes at this time; however the
right-of-way provided will allow the future four lane roadway. Mr. Bishop reiterated the applicant has
allowed for the conversion to a cash proffer for the signals should they be needed.
Mr. Bishop reported a number of transportation concerns are still present with this
application and the application is partially consistent with the Comprehensive Plan. He noted VDOT has
requested a signal warrant analysis be included in the proffer as well as requested turn lane improvements
associated with the new road construction and a clarification to the proffer that Alfalfa Lane would be
constructed prior to a CO (Certificate of Occupancy) of any of the properties.
Commissioner Thomas inquired how much more of a process is it to get a signal warrant
analysis to determine whether the 6,330 trips per day have been met. Mr. Bishop explained it is not the
6,330 trips that initialize the signal; the signal warrant analysis looks at specific factors and if VDOT runs
one it costs approximately $3,000 and they prefer the applicant absorb this cost.
Mr. Tim Stowe representing the applicant came forward and addressed the previous
question regarding a signal analysis. He elaborated the signal warrant analysis is a separate process from
a TIA (Traffic Impact Analysis); the signal warrant analysis is based on detailed traffic counts that are
collected hourly over a 12-16 hour period of time. Commissioner Unger commented it appears VDOT is
on board with this revised proposal.
Commissioner Crockett commented he is in favor of this application as presented this
time and it appears the applicant has adequately addressed the transportation concerns to minimize the
transportation impacts.
Commissioner Mohn commented he agrees with Commissioner Crockett and he is
comfortable with what the applicant has put forward as they have addressed the proffer concerns that
were brought forth previously and they have addressed the key transportation issues.
Commissioner Crockett noted the importance of the proffer pertaining to a test well that
could possibly be on this site which will be a significant asset to the County.
Upon motion made by Commissioner Dunlap and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #02-16 for I-81 West Business Park submitted by GreyWolfe, Inc., to rezone
36.676 acres from the RA (Rural Areas) District to the B2 (Business General District), 45.453 acres from
the RA (Rural Areas) District to the B3 (Industrial Transition) District and 73.360 acres from the RA
(Rural Areas) District to M1 (Light Industrial) District, with proffers. The properties are located on the
west side of Interstate 81 between Cedar Hill Road (Rt. 671) and Hopewell Road (Rt. 672) in the
Stonewall Magisterial District, and are identified by Property Identification Numbers 33 -A-113, 33-A-
124, and 33-A-114B
(Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.)
Frederick County Planning Commission Page 3329
Minutes of April 6, 2016
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INFORMATION/DISCUSSION ITEM
Dedication of Public Utilities and ROW (right-of-way) on Rural Preservation Lots. Discussion on
revisions to the Zoning Ordinance to allow for the dedication of area for public utilities and right -
of-way dedications on rural preservation lots.
No Action Required
Assistant Director, Candice E. Perkins reported this is a revision to an ordinance to
provide an allowance to permit divisions from Rural Preservation lots for public road dedications or
utility dedications. She noted currently, the zoning ordinance prohibits all future divisions from Rural
Preservation tracts unless the division adds to the acreage amount. Ms. Perkins reiterated the future
division (subdivision) would only allow for the expansion of an existing VDOT owned road and for the
dedication of public utilities. Ms. Perkins concluded the DRRC discussed this amendment at their
February 2016 meeting and agreed with the proposed changes with minor revisions.
Commissioner Thomas inquired why we would eliminate new roads from consideration.
Ms. Perkins explained there are typically planned roads within the Rural Preservation tracts; Staff does
not want to see an allowance for a parcel for example, that is land locked to then dedicate a new road
through a Rural Preservation tract to gain additional density while circumventing the intent of the
ordinance to preserve the Rural Preservation tract; that is why it is limited to existing roads.
Commissioner Thomas asked if there is an allowance to do an exception if needed. Ms. Perkins noted an
allowance is not part of the ordinance at this time.
(Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.)
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Request to include outdoor Flea Markets as a Conditional Use in the B2 and B3 Districts.
Discussion on a request to include Flea Markets as a Conditional Use in the B2 (General Business
and B3 (Industrial Transition) Districts.
No Action Required
Commissioner Manuel would abstain from all discussion on this item for a possible
conflict of interest.
Assistant Director, Candice E. Perkins reported this is a citizen request ordinance
amendment to allow outdoor flea markets as a conditional use in the B2 (General Business) and B3
(Industrial Transition) Districts. Ms. Perkins continued currently flea markets operated outdoors are
permitted as a conditional use in the RA (Rural Areas) District through a conditional use which was
added to the ordinance in 2010. She noted flea markets operated indoors are permitted in the B2 (General
Business) District.
Ms. Perkins continued, included with the amendment is modified supplementary use
regulations that were adopted in 2010 with the RA (Rural Areas) District flea market amendment to
incorporate the B2 (General Business) and B3 (Industrial Transition) Districts conditional use permit.
Frederick County Planning Commission Page 3330
Minutes of April 6, 2016
Ms. Perkins reported the DRRC discussed this item at their February 2016 meeting. She
continued the committee expressed a number of concerns regarding this use: how this use would fit in
with exiting B2/B3 uses; reduced standards with parking and driving lanes with the 2010 RA amendment
in which it was reduced to gravel; impacts to commercial users that would be adjacent to the proposed
use; the use is currently allowed with a CUP in the RA District, and do not see the need for the inclusion
in the commercial districts. Ms. Perkins concluded due to the amount of available RA (Rural Areas) land
for this use, the DRRC did not see the need to allow a CUP in the B2/B3 Districts, therefore the DRRC
recommended against approving this request.
Commissioner Mohn noted he agrees with the DRRC and does not feel this is something
the County wants or needs in the commercial areas. Commissioner Crockett and Commissioner Unger
agreed this use would have to be indoors if allowed in a commercial area.
Commissioner Thomas noted a sense of the Planning Commission’s disagreement with
this should be sent to the Board of Supervisors.
(Note: Commissioner Marston and Commissioner Dunlap were absent from the meeting.)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn
the meeting. This motion was seconded by Commissioner Mohn and unanimously passed. The meeting
adjourned at 8:00 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
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Michael T. Ruddy, Secretary
B
REZONING APPLICATION #03-16
SHAWNEE CANNING COMPANY, INC.
Staff Report for the Planning Commission
Prepared: April 14, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 05/04/16 Pending
Board of Supervisors: 05/25/16 Pending
PROPOSAL: Rezoning #03-16 for SHAWNEE CANNING COMPANY, Inc., submitted by
Painter-Lewis, PLC, to rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General
Business) District with Proffers.
LOCATION: The property is located at 231 Cross Junction Road, less than 0.3 miles from the
intersection with US Route 522 North (North Frederick Pike).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/04/16 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 2.10 acres of land from the RA (Rural Areas) District to the
B2 (General Business) District with proffers, to accommodate office uses within the existing dwelling
on the property. The site is within the limits of the Cross Junction Rural Community Center. Rural
Community Centers typically consist of small lot residences and commercial uses typical of a village.
There are currently no public utility services within this community center. The requested B2
designation is limited and considering parcels surrounding this parcel are zoned B2 and M1, this
requested appears to be consistent with the goals of the 2030 Comprehensive Plan.
With this rezoning, the Applicant has proffered to limit the use of the renovated building and parcel to
office uses and has proffered to limit the maximum number of employees to 25 (could be reduced to
health system constraints on the parcel). The Applicant has also proffered $500 for Fire and Rescue.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #03-16 Shawnee Canning Company
April 14, 2016
Page 2
This report is prepared by the Frederick County Planning Sta ff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 05/04/16 Pending
Board of Supervisors: 05/25/16 Pending
PROPOSAL: Rezoning #03-16 for SHAWNEE CANNING COMPANY, Inc., submitted by
Painter-Lewis, PLC, to rezone 2.10 acres from the RA (Rural Areas) District to the B2 (General
Business) District with Proffers.
LOCATION: The property is located at 231 Cross Junction Road, less than 0.3 miles from the
intersection with US Route 522 North (North Frederick Pike).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 18-A-41
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) District Use: Vacant/Residential
M1 (Light Industrial) District Use: Manufacturing
South: B2 (General Business) District Use: Commercial
East: M1 (Light Industrial) District Use: Manufacturing
West: B2 (General Business) District Use: Commercial
Rezoning #03-16 Shawnee Canning Company
April 14, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: This office has no objections to the proposed rezoning.
Fire Marshal: Plans Approved.
Public Works Department: Paragraph F Drainage of the Impact Analysis should be revised to
indicate that the design of the future stormwater management facilities shall meet the requirements of
Chapter 143 at Frederick County Code & Ordinances.
Frederick County Sanitation Authority: No Comments.
Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney,
dated February 8, 2016.
Frederick County Inspections Department: Change of Use of Residential to Business Use requires a
building permit. Change of use for the facility shall comply with Virginia Existing Building Code.
Other codes that apply are ICC/Ansi A117.1-2009 Accessible and Usable Building and Facilities 2012
Virginia Existing Building Code, and Virginia Energy Code, 2012.
Building shall maintain height and area as allowed under T503 for allowable uses. New occupancy shall
comply with Virginia Mechanical Code. Building structure, including floor loads/spans shall be
evaluated for loading under new use.
Van Accessible parking and unloading shall be required per ANSI A117.1.09. Van signage shall
comply with USBC 1106.8. Accessible route shall be provided to tenant’s main entrance. Maximum
slope for accessible route is 1:20 (5%).
Asbestos inspection required for buildings built prior to 1985 that are undergoing renovations.
20% ANSI Rule applies.
Additional comments shall be made at submittal of site plan.
Frederick-Winchester Health Department: The Health Department has no objection as long as a
proper sewage disposal system and well can be found for the office building. The current sewage
disposal system and well are not approved for commercial use.
Frederick County Department of Parks & Recreation: Parks and Recreation has no comments to
add regarding this rezoning request.
Rezoning #03-16 Shawnee Canning Company
April 14, 2016
Page 4
Planning & Zoning:
1) Site History:
The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts parcel 18-A-41
as being zoned A-1 (Agricultural Limited) District. The County’s agricultural zoning districts
were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. This property
contains one existing residential dwelling.
2) Comprehensive Policy Plan:
The Frederick County 2030 Comprehensive Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
Land Use
The site is within the limits of the Cross Junction Rural Community Center. Rural Community
Centers typically consist of small lot residences and commercial uses typical of a village. There
are currently no public utility services within this community center. The requested B2
Designation is limited and considering parcels surrounding this parcel are zoned B2 and M1,
this request appears to be consistent with the goals of the 2030 Comprehensive Plan.
Access
This property will be provided with one access point onto Cross Junction Road as shown on the
proffered GDP.
3) Proffer Statement, Dated March 1, 2016:
1. Limit to Office Use: The owner limits the use of the renovated building and rezoned
parcel to office uses as general shown on the GDP.
2. Limit to Number of Employees: The owner limits the maximum number of office
employees to 25 who can be located on the premises. This number could be reduced if
mandated by the approved health system.
3. Monetary Contribution: The Applicant has proffered $500 to Fire and Rescue – payable
upon receipt of the first building permit.
STAFF CONCLUSIONS FOR THE 05/04/16 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 2.10 acres of land from the RA (Rural Areas) District to the
B2 (General Business) District with proffers, to accommodate office uses within the existing dwelling
on the property. The site is within the limits of the Cross Junction Rural Community Center. Rural
Community Centers typically consist of small lot residences and commercial uses typical of a village.
Rezoning #03-16 Shawnee Canning Company
April 14, 2016
Page 5
There are currently no public utility services within this community center. The requested B2
Designation is limited and considering parcels surrounding this parcel are zoned B2 and M1, this
request appears to be consistent with the goals of the 2030 Comprehensive Plan.
With this rezoning, the Applicant has proffered to limit the use of the renovated building and parcel to
office uses and has proffered to limit the maximum number of employees to 25 (could be reduced to
health system constraints on the parcel). The Applicant has also proffered $500 for Fire and Rescue.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
01522
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18 A 41
6849N FREDERICKPIKE
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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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REZ # 03 - 16Shawnee Canning Co.PIN:18 - A - 41Rezoning from RA to B2
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REZ # 03 - 16Shawnee Canning Co.PIN:18 - A - 41Rezoning from RA to B2
REZ #03-16
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 23, 2016Staff: cperkins
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REZ # 03 - 16Shawnee Canning Co.PIN:18 - A - 41Rezoning from RA to B2
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REZ # 03 - 16Shawnee Canning Co.PIN:18 - A - 41Rezoning from RA to B2
REZ #03-16
01522
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18 A 41
6849N FREDERICKPIKE
173CROSSJUNCTION RD
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5656N FREDERICKPIKE
383CROSSJUNCTION RD
377CROSSJUNCTION RD 304CROSSJUNCTION RD
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Parcels
Building Footprints
Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
Mixed Use Commercial/Office
Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Historic
Institutional
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
B2 / B3
Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
Environmental & Recreational Resources
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REZ # 03 - 16Shawnee Canning Co.PIN:18 - A - 41Rezoning from RA to B2
REZ #03-16