HomeMy WebLinkAboutPC 10-05-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
October 5, 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) August 17, 2016 and September 7, 2016 Minutes .......................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #11-16 for Jessica Richardson, submitted for a cottage
occupation for an in home daycare. The property is located at 102 Barbados Place, Stephens
City, Virginia and is identified with Property Identification Number 75F-2-73 in the
Opequon Magisterial District.
Mr. Klein ......................................................................................................................... (B)
6) Rezoning #10-16 for Miller Hardware submitted by Greenway Engineering Inc., to rezone
0.63 acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2
(GeneralBusiness) District, with proffers. The property is located on the north side of
Fairfax Pike (Route 277) approximately 900’ east of Warrior Drive (Route 1141) in the
Opequon Magisterial District, and is identified by Property Identification Number 86-A-111.
Mrs. Perkins ................................................................................................................... (C)
INFORMATION/DISCUSSION
7) Right-of-Way Widths for Family Lot Subdivisions. Discussion on revisions to the
Subdivision Ordinance to reduce the right-of-way width mandatory to create a family lot
subdivision per the Code of Virginia.
Mrs. Perkins ................................................................................................................... (D)
-2-
8) Discontinuance of Nonconforming Uses. Discussion on revisions to the Zoning Ordinance
to increase the timeframe a nonconforming use can be discontinued before it is deemed
abandoned per the Code of Virginia.
Mrs. Perkins ..................................................................................................................... (E)
9) Removal of Motorcycle Repair in the B2 District. Discussion on revisions to the Zoning
Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow
this use in the B3, M1 and M2 Districts.
Mrs. Perkins ................................................................................................................... (F)
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 3361
Minutes of August 17, 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 August 17, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Robert S. Molden, Opequon District; Gary
R. Oates, Stonewall District; William H. Cline, 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: Roger L. Thomas, Vice Chairman/Opequon District
STAFF PRESENT: Michael T. Ruddy, Director; John A. Bishop, Assistant Director Transportation;
Mark A. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative
Assistant.
CALL TO ORDER
Chairman Wilmot called the August 17, 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 Dunlap, the
Planning Commission unanimously adopted the agenda for this evening’s meeting with the omission of
“this item is presented for informational purposes only” from the Action Item REZ #08 -16 WWW, LC.
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Frederick County Planning Commission Page 3362
Minutes of August 17, 2016
COMMITTEE REPORTS
Frederick County Sanitation Authority – Mtg. 8/16/16
Commissioner Unger reported the FCSA Board approved a policy that enables courtesy
adjustments to residential customer water and sewer bills when leaks occur within residential customer
front yards; often such leaks go undetected until the water meters are read and an overwhelmingly large
monthly water use is identified. Commissioner Unger continued the current rate structure for multi-
family dwellings fails to properly compensate FCSA for capital, operational, and maintenance expenses
associated with providing water and sewer services to multi-family users. He noted following a public
hearing, the Board tabled action on the proposed new multi-family rate structure.
City of Winchester – Mtg. 8/16/16
Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported the
Commission approved to move forward a CUP for Alibaba Hookah Bar to modify conditions of an
existing CUP. He concluded the Commission approved an Ordinance to rezone 64 acres to be included in
the Corridor Enhancement District.
Board of Supervisors – Mtg. 8/10/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported, and the Board approved four
(4) Outdoor Festival Permits. Mr. Dunn concluded the Board approved an Amendment to the 2016-2017
Fiscal Year Budget – Pursuant to Section 15.2-2507 of the Code of Virginia.
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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
Conditional Use Permit #08-16 for Crossroad Grocery, submitted by Greenway Engineering Inc.,
for a Country General Store Addition. The property is located at the northwest intersection of
North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and is identified with
Property Identification Number 42-A-307 and 42-A-309A in the Gainesboro Magisterial District.
Action – Recommend Approval
Frederick County Planning Commission Page 3363
Minutes of August 17, 2016
Zoning and Subdivision Administrator, Mark A. Cheran reported the proposed use is an
expansion of an existing Country General Store. He continued the adjoining properties to the north,
south, east, and west are zoned RA (Rural Areas) and the uses are Residential/Commercial. Mr. Cheran
presented a locations map of the property. He explained a Country General Store is a permitted use in the
RA (Rural Areas) District with an approved CUP (Conditional Use Permit). Mr. Cheran continued
Crossroads Grocery provides general grocery, beverage merchandi se, fuel sales, and a small prepared
food service area without seating. Mr. Cheran reported this County General Store has been in operation
for more than fifty (50) years, and research of County records revealed that a CUP had never been
approved for the existing Country General Store. Mr. Cheran explained the use was established prior to
this requirement; and is considered to be a legally non-conforming use or in layman’s terms
“grandfathered”. He noted the increase in the level of non-conformity may be accomplished through the
approval of a CUP.
Mr. Cheran reported the CUP enables the County to place restrictions/conditions on a use
when a use is considered appropriate in an effort to mitigate proposed impacts. He explained it is the
Applicant’s desire to expand the size of this use by adding a 1,500 sq. ft. addition to the store and a 3,000
sq. ft. fueling canopy and fuel area. Mr. Cheran noted the addition to the store will allow for additional
merchandise sales and storage, as well as the ability to expand the existing restroom facility to provide for
a handicap accessible unisex restroom. He presented an illustrative sketch plan that was provided by the
Applicant for the proposed addition. Mr. Cheran reviewed the following conditions recommended for the
CUP (Conditional Use Permit):
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 the site
improved accordingly prior to operating store activities on site. The project site will adhere to
commercial parking and landscaping standards.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square
feet in area. The sign shall not exceed ten (10) feet in height.
4. Store and fuel sales hours of operation shall be between 5:00 am to 10:00 pm and Monday –
Sunday.
5. No outdoor display of goods will be permitted.
6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
7. Any expansion or change of use will require a new CUP.
Commissioner Triplett inquired has the Applicant agreed to comply with the concerns
raised by VDOT. Mr. Cheran elaborated there were two (2) comments, one from VDOT and one from
Mr. John Bishop. He noted these comments will be addressed with the site plan the Applicant must
submit.
Commissioner Oates asked for clarification; the sketch plan is not being approved. Mr.
Cheran noted that is correct, a site plan will be submitted for approval.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward. He
reported the Applicant is proposing a simple expansion, however they cannot do just the structure; they
must do the site as well. Mr. Wyatt presented an illustrative sketch plan of the property highlighting the
entrances. He noted the entrances are being relocated for safety reasons further away from the
intersection. In regards to questions raised pertaining to traffic; Mr. Wyatt explained if this CUP is
approved the Applicant will have to prepare a site plan and VDOT will have to process and approve an
Access Management Exception Request. In reference to the Staff report, Mr. Wyatt confirmed the
Applicant is satisfied with the conditions set forth with possibly more specificity. He hi ghlighted two (2)
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Minutes of August 17, 2016
conditions recommended by Staff that the Applicant would like to have adjusted to read: Condition #4, to
read “Store sale hours of operation shall be 5:00 am to 11:00 pm Monday – Sunday; gas canopy lighting
shall only be permitted to occur during store hours of operation” and Condition #6 “Fueling for delivery
trucks and automobiles shall be permitted, final site development shall not allow for tractor trailer parking
and diesel speed pump installation”.
Commissioner Dunlap raised concern of safety if the lighting is turned off at the gas
pumps and they remain off through the night. Mr. Wyatt elaborated Crossroads Grocery has historically
not left the outside lighting on. He continued the motive of the Applicant is not to attract a lot of late
night business however there are individuals in the community that the pumps remaining on would
benefit. Commissioner Dunlap requested clarification that the gas pumps would be on 24 hours a day and
this will not be advertised. Mr. Wyatt confirmed that is correct.
Commissioner Unger asked what the “DF” on the plans stands for. Mr. Wyatt explained
that is for “drain field” and there is a 20 ft. buffer around that to make sure it is protected.
Commissioner Kenney inquired if the store would remain operational during the
construction/renovation process. The Applicant, Mr. James Alkire explained it is his intent to remain as
operational as possible. He continued, the construction would start in the rear of the property and move
forward to the store. Commissioner Kenney asked if the 1,500 sq. ft. addition will be solely for
merchandise. Mr. Alkire responded that is correct; there will not be any sit down food service. He noted
it may not go the full 1,500 sq. ft. however he wanted to make sure he allotted for enough room. He feels
once diesel fuel is brought in this will increase business on the agricultural side of the community and he
has no intention of catering to the truck stop world.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Carolyn Anderson of the Gainesboro Magisterial District came forward. She
explained she is concerned with: proper regulation of t he septic system; the entrances in and out are and
will continue to be dangerous in her opinion.
Ms. Rebecca Morrison of the Gainesboro Magisterial District came forward to inquire
how the first entrance will be marked in the future.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Wyatt explained regarding the concern for the septic system. He noted the system is
and will be monitored and regulated by the Virginia Health Department. Mr. Wyatt continued and
addressed the traffic concerns. He explained VDOT is not anticipating to prohibit access off of Route 654
however they have made it clear an Access Management Exception Request process will be completed in
order to permit new entrances and to modify existing entrances. He concluded regarding the
configuration of the right in right out and how it would be marked; typically if VDOT approves a right in
right out entrance they require it be developed with a raised type median with a rol led curb and not just an
open entrance with a sign.
Commissioner Kenney commented he agrees this is a tight spot however with the
assistance of Greenway Engineering and the Planning Staff he feels it will be mitigated and will satisfy all
parties concerned. Commissioner Unger commented once engineered properly it will be a much better
place to get in and out of and he noted this is a very nice Country Store. Commissioner Oates noted
Frederick County Planning Commission Page 3365
Minutes of August 17, 2016
currently it is a “grandfathered” use and the County does not have much input; with an approved CUP the
County can have some control on what takes place there.
Upon motion made by Commissioner Kenney, and seconded by Commissioner Triplett
with changes to Condition #4 and Condition #6 to reflect:
#4 The store and fuel hours shall be 5:00 am to 11:00 pm, Monday – Sunday; with
canopy lighting turned off at 11:00 pm to 5:00 am.
#6 New fueling area available for delivery trucks and diesel automobiles.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #08-16 for Crossroad Grocery, submitted by Greenway Engineering
Inc., for a Country General Store Addition. The Property is located at the northwest intersection of North
Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654) and is identified with Property
Identification Number 42-A-307 and 42-A-309A in the Gainesboro Magisterial District.
(Note: Commissioner Thomas was absent from the meeting)
North Opequon Agricultural and Forestal District – Request of Cumberland Properties IV, LLC to
remove parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal District.
These parcels are identified as Property Identification Numbers 45-A-10V, 45-A-10W, 45-A-30, 45-
A-31, 45-A-32, and 45-A-32A and located in the Opequon Magisterial District.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Zoning and Subdivision Administrator, Mark A. Cheran reported this is a request to
remove six (6) parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal
District. He continued the North Opequon Agricultural and Forestal District was established in 2013 and
has been renewed one time; with the most recent renewal occurring in 2015 for a period of five (5) years.
Mr. Cheran noted the removal of these parcels will extinguish the District. Mr. Cheran presented a
locations map of the parcels. He reported the Agricultural District Advisory Committee (ADAC)
considered this request during their meeting on July 26, 2016. Mr. Cheran noted the ADAC unanimously
recommended that the six (6) parcels totaling 407.48+/- acres be removed from the North Opequon
Agricultural and Forestal District.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. Pat Gallagher of the Stonewall Magisterial District came forward and inquired why
the parcels were initially added and now being removed. Mr. Cheran explained the Agricultural and
Forestal Districts in Frederick County are all voluntary; a property owner can request at any time to have
a property removed. Mr. Cheran concluded this property owner is looking into Conservation Easements
and also some development through boundary line adjustments.
Frederick County Planning Commission Page 3366
Minutes of August 17, 2016
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Upon motion made by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the North Opequon Agricultural and Forestal District – Request of Cumberland Properties IV,
LLC to remove parcels totaling 407.48+/- acres from the North Opequon Agricultural and Forestal
District. These parcels are identified as Property Identification Numbers 45-A-10V, 45-A-10W, 45-A-30,
45-A-31, 45-A-32, and 45-A-32A and located in the Opequon Magisterial District.
(Note: Commissioner Thomas was absent from the meeting)
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ACTION ITEM
Rezoning #08-16 WWW, LC submitted by Greenway Engineering, Inc., to revise proffers
associated with Rezoning #03-03. This revision relates to the implementation of certain
transportation proffers. The subject property is located at the northwest side of the Northwestern
Pike (US Route 50 West) and Retail Boulevard intersection in the Gainesboro Magisterial District,
and is identified by Property Identification Number 52-A-B.
Action – Recommend Approval
Assistant Director Transportation, John A. Bishop reported this rezoning is a minor
proffer amendment regarding the phasing; specifically the transportation improvements and more
specifically the extension of Retail Boulevard and the completion of Petticoat Gap Lane. Mr. Bishop
presented an aerial graphic of the site. He explained the property is located on the Northwest quadrant of
the intersection of Rt. 50 and Retail Boulevard. Mr. Bishop continued by presenting a brief history of the
site. He reported the site consists of 28.17 acres. He continued this property was originally rezoned in
2003 and was nearly 71 acres along the north side of Rt. 50 and west of Rt. 37 where businesses such as
Walmart, Applebee’s, and the Bank of Clarke County are located. He explained that particular rezoning
encompassed numerous transportation proffers such as improvements to Rt. 50 and the interchange of Rt.
50 and Rt. 37. Mr. Bishop noted in addition that rezoning called for the construction of a major collector
roadway behind the Walmart to connect Rt. 50 and Botanical Boulevard. He continued through the
development process with alternations to the layout that was envisioned at that time; the first section of
the major collector road was constructed as Retail Boulevard, which has provided the access to the retail
area that surrounds Walmart.
Mr. Bishop reported the Applicant is now proposing to modify the proffers related to the
final portions of the proffered collector roadway. Mr. Bishop presented the proposed phasing triggers:
Submit right-of-way dedication plat for the remaining section of Retail Boulevard
and Petticoat Gap Lane within 180 days of conditional zoning amendment approval
by the Board of Supervisors
Prior to exceeding 50,000 square feet of site development the Applicant will design
and construct or bond the remainder of Retail Boulevard and Petticoat Gap Lane
Frederick County Planning Commission Page 3367
Minutes of August 17, 2016
Construction must occur on or before the completion of the Phase 2 Lutheran
Boulevard Transportation Program
Mr. Bishop reported some items to note as this application is considered would be that
VDOT and the County Attorney have provided comments regarding concerns they have. He explained
regarding proffer B2, VDOT notes that some additional undeveloped parcels from the original rezoning
should be included in the square footage requirement that is being proposed to trigger the roadway and
the County Attorney notes concerns with the fact that the right-of-way is under a different LLC entity and
that the contract to construct in proffer B4 does not represent an actual guarantee to construct the roadway
but merely an obligation to a third party.
Mr. Evan Wyatt representing the Applicant came forward. He reported when this
property was originally rezoned the area was not largely commercialized. He continued now there are
several businesses at the location and the road configuration has changed. Mr. Wyatt highlighted the
important question when is the right time to build Petticoat Gap Lane. He noted th e applicant has gone
through several scenarios with VDOT and the most comfortable approach for VDOT appears to be to
limit the 28 acres to 50,000 square ft.
Mr. Wyatt continued regarding the comment sent forth by the County Attorney, he
explained in 2004 this parcel was deeded by WWW LC to Petticoat Gap LLC and the conditions on the
dedication were reserved for public street purposes. He continued the Applicant has 180 days to perform
and the Applicant has proposed to add to proffer B1. It currently st ates the owner shall prepare and
submit a right-of-way dedication plat for Petticoat Gap Lane and the undeveloped portion of Retail
Boulevard to the County within 180 days of conditional zoning amendment approval by the Frederick
County Board of Supervisors. He noted the Applicant would like to add the following to this proffer;
“and prior to any development activity on the property”.
Commissioner Oates commented it may have been simpler to add Petticoat Gap LLC as a
party to the proffers if there is a good relationship. Mr. Wyatt this could have been done however he feels
with the addition to B1 it will result in the same.
Upon motion made by Commissioner Triplett and seconded by Commissioner Kenney
with addition of “and prior to any development activity on the property” to proffer B1
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #08-16 WWW, LC submitted by Greenway Engineering, Inc., to revise proffers
associated with Rezoning #03-03. This revision relates to the implementation of certain transportation
proffers. The subject property is located at the northwest side of the Northwestern Pike (US Route 50
West) and Retail Boulevard intersection in the Gainesboro Magisterial District, a nd is identified by
Property Identification Number 52-A-B.
(Note: Commissioner Thomas was absent from the meeting)
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Frederick County Planning Commission Page 3368
Minutes of August 17, 2016
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 Manuel 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 3369
Minutes of September 7, 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 September 7, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large; Gary R. Oates, Stonewall District; William
H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap,
Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick
B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Christopher M. Mohn, Red Bud District;
Robert S. Molden, Opequon District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the September 7, 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 Manuel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the minutes from the August 3, 2016 meeting.
Frederick County Planning Commission Page 3370
Minutes of September 7, 2016
COMMITTEE REPORTS
Transportation Committee – Mtg. 8/22/16
Commissioner Kenney reported the Transportation Committee had three items on the
agenda: Mr. John Bishop presented the SmartScale HB2 application and its current status; Mr. Bishop
also gave an update on the County Roads projects. Commissioner Kenney concluded it was discussed
that the MPO Revenue Sharing application process needs to be completed by November 1, 2016.
Development Review and regulations Committee – Mtg. 8/25/16
Commissioner Unger reported the committee held a discussion on revisions to the
Subdivision Ordinance to reduce the right-of-way width mandatory to create a family lot subdivision per
the Code of Virginia. He continued they also discussed revisions to the Zoning Ordinance to increase the
timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of
Virginia. Commissioner Unger concluded a discussion was also held on revisions to the Zoning
Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow the use in the
B3, M1, and M2 Districts.
City of Winchester – Mtg. 9/06/16
Commissioner Wolfe reported a work session was held at which time they discussed an
ordinance to rezone approximately 57 acres (130 parcels) to be included in the Corridor Enhancement
District.
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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
Conditional Use Permit #09-16 for Connie Ann Moss, for a Dog-Kennel. The property is located at
4527 Valley Pike, Stephens City, Virginia. The property is identified with Property Identification
Number 75-A-28 in the Back Creek Magisterial District.
Action – Recommend Approval
Frederick County Planning Commission Page 3371
Minutes of September 7, 2016
Zoning and Subdivision Administrator, Mark A. Cheran reported this property is located
at 4527 Valley Pike, is zoned RA (Rural Areas) District, and the current land use is residential. He
continued the surrounding properties are all zoned RA and the land uses are vacant, retail, and outdoor
recreation. Mr. Cheran presented a locations map of the property. He explained the 2030 Comprehensive
Policy Plan provides guidance and the property is located within the Route 11 South Corridor and is
planned for future commercial uses. Mr. Cheran noted this CUP (Conditional Use Permit) does meet the
goals of the land use plan. He reported kennels are a permitted use in the RA zoning district with an
approved CUP. It was explained this proposed use will take place on a 4.09+/- acre parcel and it was
reiterated the parcel is surrounded by RA properties. Mr. Cheran continued kennels are defined as a place
that is prepared to house, board, breed, handle or otherwise keep and care for dogs for sale or in return for
compensation. He noted this proposed kennel will have five (5) kennels for boarding of dogs with two
(2) dogs per kennel for a total of ten (10) dogs. Mr. Cheran explained all dogs must be confined indoors
with the exception of when they are walked or exercised, and will not be let outdoors prior to 8:00 a.m.
He noted dogs must be confined indoors by 9:00 p.m. and there will be no breeding of dogs with this use.
Mr. Cheran Reported the property will also be used for indoor/outdoor public dog
training; the indoor training will be conducted within a 2,400 sq. ft. building and the outdoor training will
be conducted within a large fenced yard area. He noted the training sessions will be conducted by
appointment with no more than six (6) customers at a time. Mr. Cheran presented a hand drawing of the
facility provided by the Applicant. He explained it is typically required that a Category C buffer be
provided to mitigate any issues from noise, etc. He continued the location of this kennel is approximately
500’ from the closest property and there are trees and wooded areas in abundance therefore, the Applicant
has met the intent of the Category C buffer. Staff recommended the following conditions for this CUP:
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding and training of dogs on this
property.
3. No more than three (3) employees with this CUP.
4. All dogs must be confined indoors by 9:00 p.m.
5. Any proposed business sign shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet
in height.
6. Hours of operation shall be 8:00 a.m. to 9:00 p.m. Monday through Sunday.
7. Any expansion or modification of this use will require the approval of a new
CUP.
Commissioner Oates referenced condition #4 “all dogs must be confined indoors by 9:00
p.m.”; to clarify, the dogs can be taken outside after 9:00 p.m. but must be accompanied or on a leash.
Mr. Cheran confirmed that is correct; and that can be added as part of condition #4.
The Applicant, Mrs. Connie Ann Moss came forward and presented and overview of her
business. She explained she is interested in operating a small dog training and dog boarding facility. The
Applicant clarified the two (2) dogs per kennel request is only two (2) dogs per kennel that are fr om the
same household. She continued they would like to offer professional dog training and she herself is a
Frederick County Planning Commission Page 3372
Minutes of September 7, 2016
professional dog trainer. Mrs. Moss noted her intention is to make their facility the best representation of
a dog training/kennel facility.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Kat Eaton came forward to speak in support of this proposed CUP. She elaborated
this type and quality of dog kennel will serve the community well. Ms. Eaton asked the Planning
Commission to consider the needs of senior dogs and this facility will accommodate those dogs with their
impeccable conditions. She concluded by suggesting the dogs be allowed outside after 9:00 p.m.
supervised and as needed.
Mr. Steve Parrish of the Back Creek Magisterial District came forward to speak on behalf
of the Moss facility. He noted the need for such an operation and this particular one will far meet
expectations.
Mrs. Joyce Becht of the Gainesboro Magisterial District came forward to support the
kennel and the Moss family. She noted this facility is top notch and there is a need in our community.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Chairman Wilmot asked if the suggestion regarding the change or the definition of letting
dogs outside supervised on a leash during the night should have a time of 9:00 p.m. – 7:00 a.m. Mr.
Cheran noted that can be added as an amended condition if needed. Commissioner Kenney noted he feels
this is a good idea and the need for the facility exists.
Commissioner Marston noted he has visited the site and the Applicant. He stated he feels
they will be very accommodating to the community and this facility will be top notch. He concluded the
area is confined and therefore will not be of any disturbance.
Upon motion made by Commissioner Marston, and seconded by Commissioner Unger
with revision to Condition #4 allowing dogs to be outside supervised or on a leash after 9:00 p.m. as
needed.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #09-16 for Connie Ann Moss, for a Dog-Kennel. The property is
located at 4527 Valley Pike, Stephens City, Virginia. The property is identified with Property
Identification Number 75-A-28 in the Back Creek Magisterial District.
(Note: Commissioners Thomas, Molden, and Mohn were absent from the meeting)
Rezoning #09-16 for Commonwealth Business Center Lot 5, submitted by Greenway Engineering,
Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business)
District, with proffers. The property is located on the north side of Commonwealth Court (Route
1167) approximately 500’ east of the intersection with Valley Pike (US Route 11 South) in the Back
Creek Magisterial District, and is identified by Property Identification Number 75-A-91E.
Action – Recommend Approval
Frederick County Planning Commission Page 3373
Minutes of September 7, 2016
Assistant Director, Candice E. Perkins reported this is an application to rezone a total of
1.21 acres from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers
to accommodate commercial uses. She presented a locations map of the property. Ms. Perkins continued
the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial
land use designation and the B2 (General Business) District zoning requested by the Applicant continues
to be consistent with the land use identified in the 2030 Comprehensive Plan. It was noted the property is
located within the County’s Sewer and Water Service Area (SWSA).
Ms. Perkins reported with this rezoning request the Applicant has proffered to restrict:
General Merchandise Stores, Daycare Facilities, and Adult Retail. It was noted the Applicant has
proffered to contribute $500 to Fire and Rescue Services.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward and
presented an overview of the proposed rezoning. He explained this is intended to be an adaptive reuse
project. Mr. Wyatt continued the purpose of the rezoning is to move from the B3 district to the B2
because the B3 does not permit churches. Mr. Wyatt explained when they met with Staff the only
concern that was raised pertained to transportation due to the possibility of a great impact moving from
B3 to B2. Mr. Wyatt reported they worked with Assistant Director Transportation, Mr. John Bishop and
compared uses that would be permissible in either zoning district and then what remaining uses were
available; therefore the restricted uses that are stated in the proffers are the result of input received from
Mr. Bishop.
Commissioner Kenney requested clarification as to whether this will remain dual use or
solely a church. Mr. Wyatt noted it would be for solely a church.
Commissioner Oates commented from B2 to B3 a drive thru restaurant or gas station is
going to generate more traffic than the uses being proffered; he does not under stand why Mr. Bishop has
requested this. Mr. Wyatt explained the restaurant use is permissible in both districts; as far as the
convenience store aspect, they did not feel this site was going to be redeveloped in that fashion because of
the location. Mr. Wyatt continued because of peak hour traffic, Mr. Bishop felt a daycare would not be
acceptable. He concluded the church is not going to offer daycare services or schooling.
Commissioner Oates commented if a recommendation was made that the Applicant not
proffer the restrictions he would agree. Commissioner Unger stated it should be left as is due to the
absence of Mr. Bishop.
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 Unger, and seconded by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval Rezoning #09-16 for Commonwealth Business Center Lot 5, submitted by Greenway
Engineering, Inc., to rezone 1.21 acres from the B3 (Industrial Transition) District to the B2 (General
Business) District, with proffers. The property is located on the north side of Commonwealth Court
(Route 1167) approximately 500’ east of the intersection with Valley Pike (US Route 11 South) in the
Back Creek Magisterial District, and is identified by Property Identification Number 75-A-91E.
(Note: Commissioners Thomas, Molden, and Mohn were absent from the meeting)
Frederick County Planning Commission Page 3374
Minutes of September 7, 2016
Cancelation of the regular meeting on September 21, 2016
Chairman Wilmot announced there were no pending items for the Planning
Commission’s September 21, 2016 meeting. A motion was made by Commissioner Oates to cancel the
September 21, 2016 meeting of the Planning Commission. This motion was seconded by Commissioner
Dunlap and unanimously passed.
-------------
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 Manuel and unanimously
passed. The meeting adjourned at 7:35 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #11-16
JESSICA RICHARDSON - IN HOME DAYCARE COTTAGE
OCCUPATION
Staff Report for the Planning Commission
Prepared: September 26, 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: 10/05/16 Pending
Board of Supervisors: 10/26/16 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for an in-
home daycare facility within a single-family detached residence in the RP (Residential
Performance) zoning district. Should the Planning Commission find this application for a
daycare 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. Hours of operation shall be permitted from 7 a.m. to 7 p.m., Monday through Friday.
3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
4. One, small, cottage occupation sign is permitted.
5. Other than those children residing on the property, there shall be no more than twelve (12)
children being cared for at any given time.
6. Other than those persons residing on the property, there shall be no more than one (1)
employee working at the daycare at any time.
7. Any expansion or change of use will require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation
September 26, 2016
LOCATION: This property is located at 102 Barbados Place, Stephens City, Virginia (Albin
Village Subdivision); generally located north of Albin Drive and east of Aylor Road
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75F-2-73
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) District Land Use: Single-family detached
residence
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residence
South: RP (Residential Performance) Use: Residence Use: Residential
East: RP (Residential Performance) Use: Residence
West: RP (Residential Performance) Use: Residence
PROPOSED USE: The Applicant proposes a licensed in-home daycare facility, for up to twelve
(12) children.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have minimal measurable impact on Route 1153, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
Frederick County Inspections: Existing dwelling shall comply with The Virginia Uniform
Statewide Building Code (USBC). The existing dwelling will be classified (R-5) and shall
comply with The Virginia Maintenance Codes. No change of use permit is required provided the
home is licensed by the Virginia Department of Social Services as Family day home with
allowances of up to 12 children. All sleeping rooms shall comply with proper egress and
working smoke detectors shall be installed in accordance with the VMC.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objection since the property appears to be serviced by public water and sewer. Although,
if over 12 children are to be cared for a food permit will need to be applied for.
Frederick County Fire Marshall: Plans approved. Provided that the following conditions are
met: There shall be at least 1 5 lb. ABC multi-purpose fire extinguisher hung and available
Page 3
CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation
September 26, 2016
within 75’ of all areas being used for the daycare. There shall be at least one smoke detector in
all rooms being used for the daycare.
Frederick County Sanitation Authority: No comments.
Winchester Regional Airport: No impact to airport operation.
City of Winchester: No comments.
Planning and Zoning: A licensed in-home daycare facility is a permitted use as a cottage
occupation in the RP (Residential Performance) District through an approved Conditional Use
Permit (CUP). An in-home daycare facility is defined by the Zoning Ordinance as a facility in
which more than five (5) children, not including those children related to the people who
maintain the facility, are received for care, protection, and guidance during only part of the 24 -
hour day. The 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan)
identifies this area of the County as part of the Southern Frederick Area Plan and is to remain
primarily residential in nature and is not part of any land use study. The subject property is also
located in the County’s Urban Development Area (UDA) and Sewer and Water Service Area
(SWSA); the property is served by public utilities. The subject property is located in the Albin
Village Subdivision, on a cul-du-sac (Barbados Place) and is surrounded by other single-family
detached homes. The property also meets all setback and off-street parking requirements.
This licensed in-home daycare facility has been in operation for more than two (2) months within
the principal residence, and currently cares for nine (9) children. The Applicant has designated
drop-off and pick-up spaces in the driveway and a fenced outdoor play area in the rear of the
property (see attached sketch plan provided by the Applicant). The drop-off and pick-up of
children is staggered throughout the morning and evening, which should prevent any traffic or
queueing along the street. To date, Staff has not received any complaints as it relates to the
existing in-home daycare at this location, or to the proposed CUP.
STAFF CONCLUSIONS FOR THE 10/05/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use (an in-home daycare facility) appropriate, Staff
would recommend the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall be permitted from 7 a.m. to 7 p.m., Monday through Friday.
3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
4. One, small, cottage occupation sign is permitted.
Page 4
CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation
September 26, 2016
5. Other than those children residing on the property, there shall be no more than twelve (12)
children being cared for at any given time.
6. Other than those persons residing on the property, there shall be no more than one (1)
employee working at the daycare at any time.
7. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
75F 2 73
103KARAKUL CT
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102COLUMBIACIR
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104CHEVIOT PL
101KARAKUL CT
101CHEVIOT PL
103CHEVIOT PL
100BARBADOS PL
100KARAKUL CT
105CHEVIOT PL
106BARBADOS PL
101BARBADOS PL
108BARBADOS PL
103BARBADOS PL
105BARBADOS PL
110BARBADOS PL
107BARBADOS PL
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 12, 2016Staff: mcheran
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CUP #11-16
CUP # 11 - 16Jessica RichardsonPIN:75F - 2 - 73Daycare
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101KARAKUL CT
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Parcels
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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: September 12, 2016Staff: mcheran
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CUP # 11 - 16Jessica RichardsonPIN:75F - 2 - 73Daycare
C
REZONING APPLICATION #10-16
MILLER HARDWARE
Staff Report for the Planning Commission
Prepared: September 26, 2016
Staff Contact: Candice E. Perkins, Assistant Director
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/05/16 Pending
Board of Supervisors: 10/26/16 Pending
PROPOSAL: Rezoning #10-16 for Miller Hardware submitted by Greenway Engineering Inc., to
rezone 0.63 acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2
(General Business) District, with proffers.
LOCATION: The property is located on north side of Fairfax Pike (Route 277) approximately 900’
east of Warrior Drive (Route 1141).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/05/16 PLANNING
COMMISSION MEETING:
The Miller Hardware application seeks to rezone 0.63 acre of a 6.52 acre parcel from RP (Residential
Performance) District to B2 (General Business) District with proffers to accommodate an accessory
outdoor storage area for the Miller Hardware business located within the Sherando Towne Center
shopping center. The 0.63 area is currently part of the Shenandoah Presbyterian Church property, but
would be adjusted into the adjacent Miller Hardware property if the rezoning is approved.
The parcel is located within the County’s Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). In addition, the South Frederick Area Plan of the 2030 Comprehensive
Plan identifies this area with an urban center land use designation. Therefore, the requested B2 Zoning
District is generally consistent with the goals of the Comprehensive Plan. Due to the limited scope of
this requested rezoning, there appears to be no additional impacts that are anticipated to Frederick
County or the surrounding property owners.
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 #10-16 – Miller Hardware
September 26, 2016
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/05/16 Pending
Board of Supervisors: 10/26//16 Pending
PROPOSAL: Rezoning #10-16 for Miller Hardware submitted by Greenway Engineering Inc., to
rezone 0.63 acres of a 6.52 acre parcel from the RP (Residential Performance) District to the B2
(General Business) District, with proffers.
LOCATION: The property is located on north side of Fairfax Pike (Route 277) approximately 900’
east of Warrior Drive (Route 1141).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86-A-111
PROPERTY ZONING: RP (Residential Performance) District
PRESENT USE: Shenandoah Presbyterian Church – side yard area
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) District Use: Residential
RA (Rural Areas) District Sherando Park
South: RP (Residential Performance) District Use: Residential
RA (Rural Areas) District Residential
East: RP (Residential Performance) District Use: Residential
West: B2 (General Business) District Use: Commercial
RP (Residential Performance) District Use: Residential
PROPOSED USES: Accessory outdoor storage for Miller Hardware.
Rezoning #10-16 – Miller Hardware
September 26, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Department of Transportation: A VDOT review has been conducted for the Miller
Hardware/Shenandoah Presbyterian Church Rezoning, with a date of August 1, 2016. Based off of the
review of the submittal, the requested “Rezoning”, we are satisfied with the proposed transportation
comments. The current entrances are adequate for the proposed uses.
Frederick County Public Works: Please see the letter from Harvey E. Strawsnyder, Jr., P.E.,
Director of Public Works dated August 15, 2016.
Frederick County Fire Marshall: Plans approved.
Winchester Regional Airport: Proposed rezoning should have no impact on airport operations.
Frederick County Sanitation Authority: Please see letter from Eric Lawrence, AICP, Executive
Director dated August 18, 2016.
Frederick County Attorney: Please see letter from Roderick B. Williams, County Attorney dated
August 23, 2016.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identifies this
property as being zoned R-1 (Residential Limited). This parcel was reclassified to the RP
(Residential Performance) District on September 28, 1983 when this zoning district replaced the
R1, R2, R3, and R6 Zoning Districts.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The 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.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Land Use
The parcel for which this rezoning is being requested is located within the County’s Sewer and
Water Service Area (SWSA) and the Urban Development Area (UDA). The Sewer and Water
Rezoning #10-16 – Miller Hardware
September 26, 2016
Page 4
Service Area define the general area in which more intensive forms of planned commercial and
industrial development will occur. In addition, the South Frederick Area Plan identifies this area
with an urban center land use designation. Therefore, the requested B2 Zoning District is
generally consistent with the goals of the Comprehensive Plan.
3) Proffer Statement, Dated August 1, 2016, revised September 8, 2016
A. Land Use Restrictions:
1. The owner has proffered that the 0.63 acres shall be restricted to the following:
Accessory outdoor storage to a permitted primary use
Accessory structures
Stormwater management facilities and appurtenances
Utilities and appurtenances
Buffer and screening elements
2. The 0.63 acre area will be accessed through the adjacent property – 86-A-102E
B. Boundary Line Adjustment: Within 30 days of rezoning approval, the 0.63 acre site will
have the boundary line adjusted into 86-A-102E.
C. Monetary Contribution: The Applicant has proffered to contribute $800 for Fire and
Rescue Services.
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/05/16 PLANNING
COMMISSION MEETING:
The Miller Hardware application seeks to rezone 0.63 acre of a 6.52 acre parcel from RP (Residential
Performance) District to B2 (General Business) District with proffers to accommodate an accessory
outdoor storage area for the Miller Hardware business located within the Sherando Towne Center
shopping center. The 0.63 area is currently part of the Shenandoah Presbyterian Church property, but
would be adjusted into the adjacent Miller Hardware property if the rezoning is approved.
The parcel is located within the County’s Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). In addition, the South Frederick Area Plan of the 2030 Comprehensive
Plan identifies this area with an urban center land use designation. Therefore the requested B2 Zoning
District is generally consistent with the goals of the Comprehensive Plan. Due to the limited scope of
this requested rezoning, there appears to be no additional impacts that are anticipated to Frederick
County or the surrounding property owners.
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.
86 A 111
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736FAIRFAXPIKE
788FAIRFAXPIKE 828FAIRFAXPIKE
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756FAIRFAXPIKE 764FAIRFAXPIKE 774FAIRFAXPIKE
734FAIRFAXPIKE 740FAIRFAXPIKE
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139SHERANDOCIR 143SHERANDOCIR141SHERANDOCIR145SHERANDOCIR
208SHERANDOCIR 210SHERANDOCIR
105AMETHYST CT 103AMETHYST CT
101AMETHYST CT 131SHERANDOCIR133SHERANDOCIR
137SHERANDOCIR
135SHERANDOCIR 207SHERANDOCIR
212SHERANDOCIR 214SHERANDOCIR
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325SHERANDOCIR
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Applications
Parcels
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General District)
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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Rural Area
Interstate Buffer
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IMPACT ANALYSIS STATEMENT
MILLER HARDWARE REZONING
SHENANDOAH PRESBYTERIAN CHURCH PROPERTY
Opequon Magisterial District
Frederick County, Virginia
TM 86-A-111
August 1, 2016
Current Owner: Shenandoah Presbytery Corporation
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
2
MILLER HARDWARE REZONING
IMPACT ANALYSIS STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 0.63±-acre portion of a 6.52± acre subject property currently
owned by Shenandoah Presbytery Corporation, identified as Tax Map Parcel 86-A-111. The
subject property is located on the north side of Fairfax Pike (Rt. 277), approximately 900’
east of Warrior Drive (Rt. 1141). Tax Map Parcel 86-A-11 is currently zoned RP, Residential
Performance District and is developed as the Shenandoah Presbyterian Church facility.
Miller Hardware (the Applicant) proposes to rezone approximately 0.63±-acres of the subject
property to the B-2, Business General District with proffers and boundary line adjust the
rezoned portion of the subject property into the Miller Hardwar parcel. Miller Hardware
plans to construct a building addition to the existing facility on their property and to relocate
the existing outdoor storage area and provide stormwater management on the 0.63±-acre area
that will be acquired from Shenandoah Presbytery Corporation.
Basic information
Location: Fronting on the north side of Fairfax Pike (Rt. 277),
approximately 900’ east of Warrior Drive (Rt. 1141).
Magisterial District: Opequon District
Property ID Numbers: 86-A-111
Current Zoning: RP, Residential Performance District
Current Use: Church Facility
Proposed Zoning: B-2, Business General District with Proffers (0.63±
acre portion only)
Proposed Use: Outdoor Storage Area, Stormwater Management and
Common Shared Buffer and Screening Area
Total Rezoning Area: 0.63±-acre portion of the 6.52±-acre Subject Property
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
3
COMPREHENSIVE POLICY PLAN
Urban Development Area
The Urban Development Area (UDA) defines the general area in which residential,
commercial, industrial and institutional land use development is encouraged in the County.
The 6.52±-acre subject property is currently located within the UDA; therefore, expansion of
the UDA boundary to accommodate the proposed rezoning of the 0.63± acre portion from the
RP, Residential Performance District to the B-2, Business General District is not required for
this rezoning application.
Sewer and Water Service Area
The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also
extends outside of the UDA to accommodate areas of the County in which commercial and
industrial land use development is only desired. The 6.52±-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed rezoning of the 0.63± acre portion from the RP, Residential Performance District to
the B-2, Business General District is not required for this rezoning application.
Comprehensive Plan Conformity
The 6.52±-acre subject property, inclusive of the 0.63±-acre portion proposed to be rezoned,
is located in the UDA and the SWSA and is within the study area boundary of the Southern
Frederick Area Plan, which was adopted by the Board of Supervisors on November 12, 2014.
The Southern Frederick Area Plan is a large-area plan that identifies land uses, transportation
networks, and other matters that are recommended for consideration for future land use and
development within this geographic area of the County.
The Southern Frederick Area Plan identifies the 6.52±-acre subject property as a component
of the Sherando Center Urban Center, which is envisioned to be an intensive, walkable urban
area that is integrated with the surrounding community. The subject property is developed as
the Shenandoah Presbyterian Church, and the 0.63±-acre portion proposed to be rezoned and
adjusted into the Miller Hardware parcel will be developed to allow for the relocation of the
outdoor storage area associated with the Miller Hardware facility. The Southern Frederick
Area Plan states that the plan is a guide for the future of the community, but the property
owner is ultimately the one who controls the future use of their property. Shenandoah
Presbyterian Church and Miller Hardware desire to utilize their properties as they are
currently developed.
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
4
SUITABILITY OF THE SITE
Access
The 6.52±-acre subject property is located on the north side of Fairfax Pike (Rt. 277),
approximately 900 feet east of Warrior Drive (Rt. 1141). Access to the subject property is
accommodated from an existing commercial entrance along Fairfax Pike. The 0.63± acre
portion of the subject property that is proposed to be rezoned to the B-2, Business General
District and adjusted into the Miller Hardware parcel will only be accessible from Tax Map
Parcel 86-A-102E (Miller Hardware), which will generally occur from Centre Drive within
the Warrior Village Commercial Center. The proposed development of the 0.63± acre portion
of the subject property will not require new entrances to be constructed for access.
Flood Plains
The 0.63±-acre portion of the subject property does not contain areas of floodplain as
demonstrated on FEMA NFIP Map #51069C0330D, Effective Date September 2, 2009; as
well as information from the Frederick County GIS Database.
Wetlands
The 0.63±-acre portion of the subject property does not contain wetland areas as
demonstrated on the National Wetlands Inventory (NWI) Map information from the
Frederick County GIS Database.
Soil Types
The 0.63±-acre portion of the subject property contains one soil type as demonstrated b y the
Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The
following soil type is present on site:
3B Blairton Silt Loam, 2-7% slope
The Blairton Silt Loam is identified as a prime agricultural soil and has wetness properties
that are identified as severe for small commercial building development. The adjoining
properties are currently developed commercially; therefore, it is anticipated that the
development of outdoor storage and buffer and screening areas can be accommodated on the
0.63±-acre portion of the subject property.
Other Environmental Features
The 0.63±-acre portion of the subject property does not contain areas of steep slope, lakes or
ponds or natural stormwater retention areas as defined by the Frederick County Zoning
Ordinance. The western and southern portions of the 0.63±-acre portion of the subject
property contain mature vegetation that will be disturbed for the development of the outdoor
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
5
storage area. The 0.63±-acre portion of the subject property will require buffer and screening
against the retained portion of the subject property and the property immediately south;
therefore, new vegetation will be provided as a component of development of the rezoned
area.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: RA, Rural Areas District Use: Sherando Regional Park
RP, Residential Performance District Sherando Village Townhouses
South: RP, Residential Performance District Use: Residential
RA, Rural Areas District Residential
East: RP, Residential Performance District Use: Church & Unimproved
West: B-2, Industrial Transition District Use: Warrior Village Commercial
Center
TRANSPORTATION
The rezoning of the 0.63±-acres provides the opportunity for Miller Hardware to incorporate
this acreage into their existing property for the purpose of relocating the existing outdoor
storage area and expanding the existing facility. It is anticipated that this will allow for the
expansion of the existing Miller Hardware facility by approximately 8,000 square feet of
gross floor area.
In order to assess the potential increase in traffic, Greenway Engineering analyzed traffic
study data from the Institute of Traffic Engineers (ITE) Manual, 9th Edition specific to
Hardware/Paint Retail Store (816). The analysis identified additional traffic volumes for the
Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours
assuming 8,000 square feet of gross floor area. The following traffic volumes are specific to
the ITE traffic study data:
ITE (816) Weekday AM Peak: Q = 4.91 VPD per 1,000 square feet gross floor area
Q = 4.91 VPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 39.28 or 40 VPD
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
6
ITE (816) Weekday PM Peak: Q = 4.74 VPD per 1,000 square feet gross floor area
Q = 4.74 VPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 37.92 or 38 VPD
ITE (816) Saturday Peak: Q = 11.18 VPD per 1,000 square feet gross floor area
Q = 11.18 VPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 89.44 or 90 VPD
ITE (816) Sunday Peak: Q = 9.81 VPD per 1,000 square feet gross floor area
Q = 9.81 VPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 78.48 or 79 VPD
VDOT standards identify peak hour traffic as a two-hour period in which the heaviest traffic
volumes are expected to occur during weekdays and during weekends. The ITE (816)
projected traffic volumes identified above indicate that the projected gross floor area
expansion of the Miller Hardware facility has the potential to increase traffic volumes during
the weekday peak hours by approximately 40 VPD and by approximately 80-90 VPD during
the weekend peak hours. These calculations demonstrate a fairly low increase in potential
traffic volumes during these time frames (approximately 5 VPD every 15 minutes during the
weekday peak hours and approximately 10 VPD every 15 minutes during the weekend peak
hours).
Warrior Commercial Centre is an existing commercial complex that is located with frontage
along Fairfax Pike (Rt. 277) and Warrior Drive (Rt. 1141). Fairfax Pik e and Warrior Drive
intersect at a signalized intersection and both road systems provided separated through, right
and left turn lanes to facilitate safe ingress and egress for the Warrior Commercial Centre.
Additionally, existing commercial land uses within the Warrior Commercial Centre are
connected through several inter-parcel connections along Centre Drive to allow for traffic
movement between land uses.
The 0.63±-acres that is proposed to accommodate the Miller Hardware outdoor storage area
will be limited in access from the Miller Hardware parcel (Tax Map 86-A-102E), which
currently exists in the rear of the facility. The rezoned area will not have access to the
remaining portion of the Shenandoah Presbytery Church property, nor will there be
additional points of access established on Fairfax Pike or Warrior Drive as a result of this
project. The potential increase in traffic projected by the ITE Manual is not significant and
can be managed by the existing transportation infrastructure; therefore, the proposed
rezoning application does not negatively impact the transportation network.
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
7
SEWAGE CONVEYANCE AND TREATMENT
The 0.63±-acre portion of the subject property is located within the Sewer and Water Service
Area (SWSA); therefore, the property is entitled to be served by public sewer based on
County Policy. The Frederick County Sanitation Authority (FCSA) is the provider of public
sewer service within this area of the County and has existing sewer infrastructure that serves
existing land use immediately adjacent to the acreage proposed for rezoning. Land uses
within Warrior Commercial Centre and residential land uses drain by gravity sewer to a 15 -
inch gravity sewer line within Wright’s Run, which then flows into a sewer pump station
within the Sherando Regional Park. The pumps station transmits sewer effluent to the
Parkins Mill Treatment Facility (PMTF) through a 16-inch force main line.
The 0.63±-acre portion of the subject property proposed for rezoning will be utilized for the
relocation of the existing outdoor storage area on the Miller Hardware property, for
stormwater management, and for buffer and screening area. Therefore, the rezoning of this
property will not impact public sewer service within this area of the County. It is anticipated
that the relocation of the existing outdoor storage area will accommodate a building addition
of approximately 8,000 square feet for Miller Hardware. The Miller Hardware facility is
22,800 square feet and the proposed building addition has the potential to expand the facility
to 30,800 square feet; therefore, impacts to public sewer are based on this potential increase
in square footage.
The Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per
1,000 square feet of commercial development is an appropriate calculation for estimating the
sewer demand for commercial land uses. Existing and proposed sewer demands for the
Miller Hardware facility are as follows:
EXISTING DEMAND: Miller Hardware is a developed commercial pro perty that is 22,800
square feet in gross floor area; therefore, the projected existing sewer demand is as follows:
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 22.8 (22,800 sq.ft./1,000 sq.ft.)
Q = 1,710 GPD
TOTAL: Q = 1,710 GPD projected sewer demand
PROPOSED DEMAND: Miller Hardware anticipates installing a building addition that will
increase the existing structural square footage by approximately 8,000 square feet of gross
floor area. Therefore, the projected sewer demand is as follows:
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 600 GPD
TOTAL: Q = 600 GPD projected sewer demand
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
8
POTENTIAL IMPACT: The rezoning of the 0.63±-acres creates the potential to increase
sanitary sewer demands by 600 GPD through the future expansion of the Miller Hardware
facility, which is already connected to the FCSA sewer system. The existing FCSA sewer
infrastructure can accommodate this potential impact. Additionally, there is available
treatment capacity at the Parkins Mill Treatment Facility to accommodate this potential
impact. Therefore, the rezoning request will not create a negative impact for public sewer
service within this area of the County.
WATER SUPPLY
The 0.63±-acre portion of the subject property is located within the Sewer and Water Service
Area (SWSA); therefore, the property is entitled to be served by public water based on
County Policy. The Frederick County Sanitation Authority (FCSA) is the provider o f public
water service within this area of the County and has existing water infrastructure that serves
existing land use immediately adjacent to the acreage proposed for rezoning. FCSA has a
12-inch water transmission line along the south side of Fairfax Pike that connects to a 10-
inch water line that is located immediately adjacent to the subject property. Warrior
Commercial Centre connects to the 10-inch water line to create a loop system that provides
adequate water pressure and fire protection for the commercial land uses.
The 0.63±-acre portion of the subject property proposed for rezoning will be utilized for the
relocation of the existing outdoor storage area on the Miller Hardware property, for
stormwater management, and for buffer and screening area. Therefore, the rezoning of this
property will not impact public water service within this area of the County. It is anticipated
that the relocation of the existing outdoor storage area will accommodate a building addition
of approximately 8,000 square feet for Miller Hardware. The Miller Hardware facility is
22,800 square feet and the proposed building addition has the potential to expand the facility
to 30,800 square feet; therefore, impacts to public water are based on this potential increase
in square footage.
The Frederick County Sanitation Authority (FCSA) has determined that 75 gallons/day per
1,000 square feet of commercial development is an appropriate calculation for estimating the
sewer demand for commercial land uses. Existing and proposed sewer demands for the
Miller Hardware facility are as follows:
EXISTING DEMAND: Miller Hardware is a developed commercial property that is 22,800
square feet in gross floor area; therefore, the projected existing sewer demand is as follows:
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 22.8 (22,800 sq.ft./1,000 sq.ft.)
Q = 1,710 GPD
TOTAL: Q = 1,710 GPD projected sewer demand
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
9
PROPOSED DEMAND: Miller Hardware anticipates installing a building addition that will
increase the existing structural square footage by approximately 8,000 square feet of gross
floor area. Therefore, the projected sewer demand is as follows:
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 8.0 (8,000 sq.ft./1,000 sq.ft.)
Q = 600 GPD
TOTAL: Q = 600 GPD projected sewer demand
POTENTIAL IMPACT: The rezoning of the 0.63±-acres creates the potential to increase
water demands by 600 GPD through the future expansion of the Miller Hardware facility,
which is already connected to the FCSA public water system. The existing FCSA water
infrastructure can accommodate this potential impact. Therefore, the rezoning request will
not create a negative impact for public water service within this area of the County.
SITE DRAINAGE
The topographic conditions within proximity of the subject property facilitate drainage of
stormwater in a northeastern direction to Wright’s Run, which drains to the Opequon Creek.
The 0.63±-acre portion of the subject property proposed for rezoning is intended to be
adjusted into the Miller Hardware parcel and utilized for the relocation of the outdoor storage
area, for buffer and screening area, and for the installation of a stormwater management
facility. The stormwater management facility is envisioned to provide for extended detention
to accommodate stormwater quantity requirements; as well as bioretention and/or nutrient
credits to meet stormwater quality measures. The stormwater management facility and
proposed stormwater quality measures will be coordinated with the Frederick County Public
Works Department as a component of the Site Development Plan process that will occur
subsequent to rezoning approval. This process will be accomplished to ensure that site
drainage and stormwater management impacts to adjoining properties and the community
have been mitigated.
SOLID WASTE DISPOSAL
The Frederick County Public Works Department is responsible for solid waste disposal as the
manager of the Regional Landfill Facility. The impact on solid waste disposal associated
with the rezoning of the 0.63± subject site and the subsequent development of the Miller
Hardware building addition that will be approximately 8,000 square feet can be projected
from an average annual residential consumption of 5.4 cubic yards per 1,000 square feet of
Greenway Engineering August 1, 2016 Miller Hardware Rezoning
File #0603M Impact Statement/EAW
10
structural area (Civil Engineering Reference Manual, 4th Edition). Therefore, solid waste
disposal impacts are based on the following figures that provide the increase in average
annual solid waste volume based on the proposed building addition:
AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial
AAV = 5.4 cu. yd. x 8.0 (1,000 sq. ft.)
AAV = 43.2 cu. yd., or 30.24 tons/yr.
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. The proposed building addition has the potential to
generate approximately 30 tons of solid waste annually on average. This represents a
0.015% increase in the annual solid waste received by the Municipal Solid Waste area of the
Regional Landfill, which currently averages 200,000 tons per year. Miller Hardware uses a
commercial waste hauler for solid waste disposal; therefore, the Regional Landfill receives
tipping fees to offset the cost of solid waste impacts from this facility. Additionally, Regional
Landfill has adequate capacity to accommodate the solid waste impacts associated with this
rezoning proposal.
HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey does not identify structures deemed to be
historically significant on the 0.63±-acre portion of the subject property proposed for
rezoning, nor does the survey identify properties within proximity of this site that are deemed
potentially significant. The Rural Landmarks Survey identifies the Sherman-Rogers-Sargent
House as the closest potentially significant historic structure, which is approximately 1.5
miles northeast of the subject property. Additionally, the National Park Service Study of
Civil War Sites in the Shenandoah Valley does not identify core battlefield areas within miles
of the subject property. Therefore, the proposed rezoning request will not create negative
impacts associated with historic resources.
OTHER POTENTIAL IMPACTS
The rezoning of the 0.63± subject site and the subsequent development of the Miller
Hardware building addition that will be approximately 8,000 square feet will expand upon an
existing economic development project that provides a net positive fiscal benefit to the
County. However, in recognition of fire and rescue services, the Proffer Statement provides
a $0.10 monetary contribution per square foot of the structural area that will be developed as
an addition to Miller Hardware following acquisition of the 0.63± subject site. There are no
other potential impacts associated with the proposed rezoning application.
86 A 111
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A M E T H Y S T C T
Virginia Geographic Information Network (VGIN)
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; 2015 Aerial Photos Courtesy of VGIN/VITA (http://gismaps.vita.virginia.gov/arcgis/rest/services VBMP2015/VBMP2015_WGS)
A E R I A L O V E R V I E W
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
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Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
150 0 150
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
A E R I A L O V E R V I E W
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
86 A 111
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W A R R I O R D RIV
O
RY D
R
CENTRE DR
H A M M E R C T I A N C T
D E E R H I L L C TROSIE C T
H A M I L T O N C T
L A N D G R A N T L NS W A R R I O R D R
A P R I L A V E
L E X I N G T O N C T
S H E R A N D O C I R
P E R I D O T P L
A M E T H Y S T C T
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
L O C A T I O N A N D Z O N I N G M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 2 5 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
Frederick County Zoning
B2 (Business, Gen eral D istrist)
M2 (Industrial, General District)
RA (R ural A rea District)
RP (Resid ential, Performance District)
250 0 250
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
L O C A T I O N A N D Z O N I N G M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
SITE
STEPHEN S CITY
FAIRFAX PIKE
V A L L E Y P I K E
M A I N S T
§¨¦81
§¨¦81
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£¤522
rs636
rs648
rs631
rs642
rs641
TASKER RD
W A R R I O R D R
W H I T E O A K R D
LOCATIO N MAP
INSIDE SWSA & UDA
OUTSIDE SWSA & UDA
I N S I D E U D A
O U T S I D E U D A
I N S I D E S W S A
O U T S I D E S W S A
1 6 i n . F M
1
2
i
n
.
F
M
8
i
n
.
F
M
86 A 111
1 0 i n .
8 i n .
1 0 i n .
8 in.
8 in.
15 in.
8 i n .
8 i n .
4
i
n
.
6 i n .
FAIRFAX PIKE
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W A R R I O R D R
S P L A S H A V E
WESTMORELAND DR
IVORY DR
L A K E V I E W C I R
L I N E D R
C H U R C H I L L D R
BUCKINGHAM DR
BUCHANNAN DR
W H I T E O A K R D
MONTGOMERY CIR
I A N C T
H A M I L T O N C T
N O T T O W A Y D R
F A I R F A X D R
W Y T H E A V E PATRIC
K PLDINWIDDIE C T
H A M M E R C T
BEDFORD PL
D E E R H I L L C T
BRANDY LN
L A N D G R A N T L N
A P R I L A V E
L E X I N G T O N C T
P
A
R
K
D
R
S H E R A N D O C I R
G E O R G E T O W N E C T
E M O R Y C T
P E R I D O T P L
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; 2016 Water & Sewer Data Courtesy of FCSA
S W S A -U D A -W A T E R -S E W E R M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 5 0 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
Se wer & Water Service Are a (SW SA)
Urban Development Area (UDA)
Wa ter Lin e
Se wer L ine 500 0 500
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
S W S A -U D A -W A T E R -S E W E R M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
86 A 111
7 2 5
700
750
7 2 5
725
7
2
5
725
7 5 0
7 2 5
725
7 5 0
7 5 0
7 5 0
750
7 5 0
7 5 0
7 5 0
7 5 0
7 5 0
7 5 0
Wrights Run
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W A R R I O R D R
IVORY DR
L I N E D R
I A N C T
H A M I L T O N C T
B U C H A N N A N D R
H A M M E R C T
S P L A S H A V E
L A K E V I E W C I R
D E E R H I L L C T
R O S I E C T
WESTMORELAND DR
L A N D G R A N T L N A P R I L A V E
S W A R R I O R D R
L E X I N G T O N C T
S H E R A N D O C I R
P E R I D O T P LAMETHYST C T
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; U.S. Fish & Wildlife Service (National Wetlands Inventory: https://www.fws.gov/wetlands/Data/Data-Download.html)
E N V I R O N M E N T A L F E A T U R E S M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 3 0 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
Lake or Pon d
Wetlan d (N WI)
100 Year Floodp lain
Stream
5 Foot Intermediate Contour
25 Foot Index Contour
300 0 300
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
E N V I R O N M E N T A L F E A T U R E S M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
3B
1C
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W A R R I O R D R
CENTRE DR
IV
O
R
Y D
R
S H E R A N D O C I R
S W A R R I O R D R
P E R I D O T P L
A M E T H Y S T C T
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
S O I L S M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 1 5 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
NRCS Soils
1C:B ERKS C HANN ERY SILT LOA M, 7 TO 15 P ERCE NT SLO PES
3B:B LAIRTON SILT LOA M, 2 TO 7 P ERCE NT SLO PES
150 0 150
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
S O I L S M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
[e [e[e[e[e [e[e[e[e [e [e [e[e [e [e[e[e[e [e[e[e [e[e[e [e [e[e [e [e[e[e[e [e[e [e[e [e [e[e [e[e[e[e[e[e[e[e[e[e[e[e[e
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34-1345 Sherman-Rogers-Sargent House
FAIRFAX PIKE
M A I N S T §¨¦81
§¨¦81
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A Y L O R R D
W A R R I O R D R
W H I T E O A K R D
D
O
U
B
L
E
C
H
U
R
C
H
R
D
TASKER RD
WESTMORELAND DR
ALBIN DR
W Y T H E A V E
B A R L E Y D R
H U D S O N H O L L O W R D
R
I
D
G
E
F
I E
L
D
A V
E
SPLASH AVE
ACCOMACK CIR
L A K E V I E W C I R
T R U N K D R
BUCKINGHAM DR
L Y N N D R
IV
O
RY D
R
FAIRFAX DR
C H U R C H I L L D R
S T I C K L E Y D R
CED AR MOUN TAIN DR
HARMON PL
L I N E D R
D R I F T W O O D D R
COOL SPRING DR
BRANCH CT
L A U R A D R
BEDFORD PL
A M E L I A A V E
H
I
G
H
L
A
N
D
E
R
R
D
M A S S I E S T
B
U
C
H
A
N
N
A
N D
R
IAN CT
E S S E X C I R
V
D
O
T
L
N
WHITFIELD CIR
FR
E
D
E
RIC
K R
D
N O T T O W A Y D R
B I G L I M B L N
SHUMARD CT
KERN CIR
O M N I C T ROCKBRIDGE RD
STE
P
H
E
N
S C
T
H A M M E R C T
G R O V E C T
C R A I G C T
P L U M C T
M E A D O W B R O O K E D R
BRANDY LN
L A N D G R A N T L N
S H E R A N D O L N
R I D I N G S L N
BRIDGEWATER DR
CEDAR LN
DOLLIE MAE LN
GARDEN GATE DR
LADYSMITH DR
S P O T S W O O D C T
U
P
P
E
R
V
I
L
L
E
D
R
P A R K D R
JASON DR
ELEVEN MOONS PL
B L U E T S D R
E
W
I
N
G
S
L
N
NIGHTBIRD WAY
S A R V I S C T
R A D F O R D C T
T R U M P E T V I N E D R
F O R G E T M E N O T D RNEWTOWN CT
HYDE CT
H U M E C T
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
H I S T O R I C F E A T U
R E S M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 1 ,0 0 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
à Civil War Camp
m Civil War Fort
á Cemete ry
[e Rural Land ma rk
Civil War Battl efi eld
Cedar C reek
First Kernstown
First W inchester
Second Kernstown
Second Winchester
1,000 0 1,000
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
H I S T O R I C F E A T U R E S M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
8
6
D
1
2
6
86D 1 95
8 6 D 1 9 5
86 A 135
86 A 111
86 A 102G
86 A 127
86 A 102E
8 6 A 1 2 5
8 6 A 1 1 4
8 6 A 1 1 386 A 1 0 9
8 6 A 1 1 5
8 6 D 1 9 5
8 6 A 1 1 0
8 6 4 3
8 6 D 1 2 5
8
6
D
1
2
8
86D 1 33
86D 1 29
86D 1 32
8 6 4 2
8
6
D
1
2
7
86D 1 30
86D 1 31
86D 1 35
86D 1 34
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W A R R I O R D R
CENTRE DR
IV
O
R
Y D
R
S H E R A N D O C I R
S W A R R I O R D R
P E R I D O T P L
A M E T H Y S T C T
Map D ata Source: Frederick County, Va. GIS Department, 2016 Data
A D
J O I N
I N G P R O P E R T I E S M A P
O P E Q U O N M A G I S T E R I A L D I S T R I C T
M I L L E R H A R D W A R E R E Z O N I N G
F R E D E R I C K C O U N T Y , V I R G I N I A
D A T E : 2 0 1 6 -0 7 -2 5
P R O J E C T I D : 0 6 0 3 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 1 5 0 F e e t
Le gend
Miller Hardwa re
Sh enand oah Presbyte rian Church Property, TM 86-A-111
Po rtio n o f 86-A-111 To Be R ezoned
Pa rce l Bou ndary
Ad join ing Property
150 0 150
Feet
µ
M I L L E R H A R D W A R E R E Z O N I N G
S H E N A N D O A H P R E S B Y T E R I A N
C H U R C H P R O P E R T Y
A D J O I N I N G P R O P E R T I E S M A P
S H E N A N D O A H P R E S B Y T E R I A N C H U R C H P R O P E R T Y
MILLER HARDWARE REZONING SHENANDOAH PRESBYTERIAN CHURCH PROPERTY
Tax Map Number Owner Mailing Address City & State ZIP Acreage Zoning
86 4 2 MUSSER JOHN F ETALS PO BOX 163 STEPHENS CITY, VA 22655 0.05 RA
86 4 3 RBP INVESTMENTS OF VA LLC 2135 HASTINGS DR CHARLOTTE, NC 28207 0.14 RA
86 A 102E 3MILLERS LC 208 CENTRE DR STEPHENS CITY, VA 22655 2.09 B2
86 A 102G SHERANDO TOWNE CENTRE LC, C/O DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 22601 5.00 B2
86 A 109 MUSSER JOHN F ETALS PO BOX 163 STEPHENS CITY, VA 22655 0.50 RA
86 A 110 LANHAM DONALD R, LANHAM NETTIE A 739 FAIRFAX PIKE STEPHENS CITY, VA 22655 0.50 RP
86 A 111 SHENANDOAH PRESBYTERY CORPORATION PO BOX 1214 HARRISONBURG, VA 22803 6.52 RP
86 A 113 RBP INVESTMENTS OF VA LLC 2135 HASTINGS DR CHARLOTTE, NC 28207 0.50 RA
86 A 114 MORELAND KAYLAS 764 FAIRFAX PIKE STEPHENS CITY, VA 22655 0.46 RP
86 A 115 JOHNSON ROSY B, JOHNSON BETTY ANN 945 HUDSON HOLLOW RD STEPHENS CITY, VA 22655 0.50 RP
86 A 125 WHITE JOHN E, WHITE LOUISE H 4151 DUTCHTOWN RD BURKEVILLE, VA 23922 0.50 RP
86 A 127 WHITE JOHN E, WHITE LOUISE H 4151 DUTCHTOWN RD BURKEVILLE, VA 23922 1.50 RP
86 A 135 FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER, VA 22601 88.68 RA
86D 1 25 TAYLOR DON C, TAYLOR LAURA A 2524 PREAKNESS CT SANTA ROSA, CA 95401 0.00 RP
86D 1 26 VAN DE RIET MALCOLM H II, VAN DE RIET MELANIE P 26148 IVERSON DR SOUTH RIDING, VA 20152 0.00 RP
86D 1 27 BREEDEN LORI L 194 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 28 SHARD KRISTIN L 196 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 29 BARBER SHERISUE 746 SELDON DR WINCHESTER, VA 22601 0.00 RP
86D 1 30 MAESTLE MELISSA A 200 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 31 LOWERY ROY WILLIAM 202 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 32 SNYDER AVERY KIMBERLY 204 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 33 FFC PROPERTIES LLC 17090 QUAIL CREEK CIR HAMILTON, VA 20158 0.00 RP
86D 1 34 JOHNSON MARGARET R TRUSTEE 400 CLOCKTOWER RDG DR APT 315 WINCHESTER, VA 22603 0.00 RP
86D 1 35 DARSIE JOHN, DARSIE AMY L 210 SHERANDO CIR STEPHENS CITY, VA 22655 0.00 RP
86D 1 95 VILLAGE OF SHERANDO HOMEOWNERS ASSO 107 N KENT ST (WAS BLANK ADDRESS)WINCHESTER, VA 22601 8.85 RP
ADJOINING PROPERTIES LISTING SOURCE: FREDERICK COUNTY GIS, 2016 DATA
D
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Right-of-Way Widths for Family Lot Subdivisions
DATE: September 26, 2016
This is a proposed amendment to Chapter 144 – Subdivision of Land, to update the minimum right-
of-way requirement necessary to create a family division lot. Family division lots as small as two
acres in the RA (Rural Areas) District are permitted to be divided and conveyed to an immediate
family member. The subdivision ordinance currently states that a 50 foot right-of-way is required in
order to subdivide these lots. However; the Code of Virginia states that a 20 foot right-of-way is the
maximum that can be required.
The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the
proposed change and the item was forwarded to the Planning Commission for discussion. The
attached document shows the existing ordinance with the proposed change supported by the
DRRC (with bold italic for text added). This item is presented for discussion. Comments and
suggestions from the Planning Commission will be forwarded to the Board of Supervisor s.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia
CEP/pd
Attachment 1
Original language
Draft revisions
§ 144.31. Rural subdivisions. [Amended 6-9-1993; 8-12-2009]
The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under
Article IV of Chapter 165, Zoning, of the Frederick County Code.
*Sections A and B remain unchanged.
C. Minor rural subdivisions.
(1) The division of the following types of lots is permitted under the regulations for minor
rural subdivision:
(a) Lots described by § 165-401.06B, Family division lots of Chapter 165, Zoning, of
the Frederick County Code. [Amended 12-9-2009]
(b) Lots described in § 165-401.06A, Traditional five-acre lots, and
§ 165-401.06D, Rural preservation lots, provided that a total of no more than
three such lots may be created from any one parcel under these regulations.
(2) Shared private driveways. Vehicular access to a minor rural subdivision may be
provided by means of shared private driveways. The owners of lots provided with
access via such driveways shall be responsible for the improvement and maintenance of
said driveways. When shared driveways are used, the Subdivision Administrator shall be
provided with copies of the deeds of transfer. Such deeds shall contain the following
language:
The proposed shared private driveway is not building according to street standards and
will not be maintained by the Virginia Department of Transportation or the County of
Frederick. The improvement and maintenance of said driveway shall be the sole
responsibility of the owners of lots which are provided with access via the driveway.
Said shared private driveways will not be considered for inclusion into the state
secondary system until they meet the applicable construction standards of the Virginia
Department of Transportation. The cost of bringing said driveways to acceptable
standards shall not be borne by the Virginia Department of Transportation nor by
Frederick County.
(3) Minimum width for shared private driveway. The minimum right-of-way width for a
shared private driveway shall be 50 feet to a public street or right-of-way dedicated for
maintenance by the Virginia Department of Transportation. For the purposes of
family division lots, the minimum right-of-way width for a shared private driveway
shall be 20 feet to a public street or right-of-way dedicated for maintenance by the
Virginia Department of Transportation.
ATTACHMENT 2
Code of Virginia
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a
family member.
A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a
single division of a lot or parcel for the purpose of sale or gift to a member of the immediate
family of the property owner, including the family member's spouse, subject only to any express
requirement contained in the Code of Virginia and to any requirement imposed by the local
governing body that all lots of less than five acres have reasonable right-of-way of not less than
10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or
thoroughfare. Only one such division shall be allowed per family member, and shall not be for
the purpose of circumventing this section. For the purpose of this subsection, a member of the
immediate family is defined as any person who is a natural or legally defined offspring,
stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such
locality may include aunts, uncles, nieces and nephews in its definition of immediate family.
E
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Discontinuance of Nonconforming Uses
DATE: September 26, 2016
This is an amendment to Chapter 165 – Zoning, as it pertains to the discontinuance of
nonconforming uses. The Zoning Ordinance currently states that if a nonconforming use is
discontinued for a period exceeding one year it is deemed abandoned. The Code of Virginia,
however; states that a two year period is required before a use can be deemed abandoned.
This revision proposes to change the Zoning Ordinance requirement to two years in
conformance with the Code of Virginia.
The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the
proposed change and the item was forwarded to the Planning Commission for discussion. The
attached document shows the existing ordinance with the proposed change supported by the
DRRC (with bold italic for text added). This item is presented for discussion. Comments and
suggestions from the Planning Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia
CEP/pd
ATTACHMENT 1
Original language
Draft revisions
ARTICLE IX
NONCONFORMING USES, STRUCTURES AND SIGNS
Part 901 – Nonconforming Uses, Structures and Signs.
§ 165-901.01 Continuation of pre-existing uses, structures & signs.
Any use which does not conform to the requirements of this chapter at the effective adoption date of
this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue
to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use,
structure, or sign which subsequently becomes nonconforming as a result of amendments to this
chapter may continue as it was at the time of the adoption of the amendment, as long as it remains
otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at
the time when the use, structure, and signs were established.
A. If any change of ownership, possession or lease of any legally nonconforming use, structure, or sign
occurs, the use, structure, or sign may continue according to the requirements of this article.
B. When the boundaries of a district are changed, any uses, structures, or signs which become
nonconforming as a result of such change shall be subject to the provisions of this article.
§ 165-901.02 Discontinuance.
A. If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding
one two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use
or sign thereafter shall conform to the requirements of this chapter.
B. Seasonal legally nonconforming uses that have been in continuous operation for a period of two
years or more prior to the adoption of this chapter may be continued.
ATTACHMENT 2
Code of Virginia
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
C. A zoning ordinance may provide that land, buildings, and structures and the uses thereof
which do not conform to the zoning prescribed for the district in which they are situated may be
continued only so long as the then existing or a more restricted use continues and such use is not
discontinued for more than two years, and so long as the buildings or structures are maintained in
their then structural condition; and that the uses of such buildings or structures shall conform to
such regulations whenever, with respect to the building or structure, the square footage of a
building or structure is enlarged, or the building or structure is structurally altered as provided in
the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to the zoning
prescribed for the district in which such use is situated, and if (i) a business license was issued by
the locality for such use and (ii) the holder of such business license has operated continuously in
the same location for at least 15 years and has paid all local taxes related to such use, the locality
shall permit the holder of such business license to apply for a rezoning or a special use permit
without charge by the locality or any agency affiliated with the locality for fees associated with
such filing. Further, a zoning ordinance may provide that no nonconforming use may be
expanded, or that no nonconforming building or structure may be moved on the same lot or to
any other lot which is not properly zoned to permit such nonconforming use.
.
F
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
SUBJECT: Ordinance Amendment – Removal of Motorcycle Repair from the B2 District
DATE: September 26, 2016
This is a proposed amendment to Chapter 165 – Zoning, to remove motorcycle repair from the B2
(General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General)
Districts. Currently motorcycle repair is permitted in the B2 (General Business) and B3
(Industrial Transition) Districts.
Staff has drafted an amendment to remove motorcycle repair from the B2 District and adding it
to the M1 and M2 Districts (in addition to it currently being allowed in the B3 District).
The DRRC discussed this amendment at their August 2016 meeting. The DRRC agreed with the
proposed change and the item was forwarded to the Planning Commission for discussion. The
attached document shows the existing ordinance with the proposed change supported by the
DRRC (with bold italic for text added). This item is presented for discussion. Comments and
suggestions from the Planning Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. SIC Manuel - 7699
CEP/pd
ATTACHMENT 1
Original language
Draft revisions
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 603 – B2 General Business District
§ 165-603.02 Allowed uses.
Allowed uses shall be as follows:
Allowed Uses
Standard Industrial
Classification
(SIC)
Veterinary offices with all activities and animals kept within the fully enclosed
primary structure, excluding the following: 074
Veterinary services livestock 0741
Animal specialty services, except veterinary, with all activities and animals kept
within the fully enclosed primary structure 0752
Communication facilities and offices, including telephone, telegraph, radio,
television and other communications, excluding the following:[1] 48
Communications services, not elsewhere classified 4899
Paint, glass and wallpaper stores 523
Hardware stores 525
Retail nurseries and lawn and garden supply stores 526
General merchandise stores 53
Food stores, excluding the following: 54
Fruit and vegetable stands 5431
Automotive dealers and gasoline service stations 55
Apparel and accessory stores 56
Home furniture, furnishings and equipment stores 57
Restaurants 58
Miscellaneous retail, except for the following: 59
Fuel dealers 598
Flea markets, operated outdoors -
Finance, insurance and real estate offices -
Hotels and motels 701
Organization hotels and lodging 704
Personal services, including laundry and funeral services, excluding the
following: 72
Linen supply 7213
Dry cleaning plants 7216
Industrial launderers 7218
Escort services 7299
ATTACHMENT 1
Allowed Uses
Standard Industrial
Classification
(SIC)
Turkish baths 7299
Steam baths 7299
Business services, excluding the following: 73
Outdoor ad services 7312
Miscellaneous equipment rental 735
Automobile recovery service 7389
Automobile repossession service 7389
Exhibits building of by industrial contractors 7389
Filling of pressure containers (aerosol) 7389
Gas systems contract conversion from manufactured to natural gas 7389
Produce weighting service 7389
Product sterilization service 7389
Repossession service 7389
Salvaging of damaged merchandise not engaged in sales 7389
Scrap steel cutting 7389
Car washes 7542
Miscellaneous repair services, excluding the following: 76
Welding repair 7692
Agricultural equipment repair 7699
Blacksmith shops 7699
Boiler cleaning and repair 7699
Cesspool cleaning 7699
Coppersmithing 7699
Dental and medical instrument repair 7699
Engine repair 7699
Farm machinery and tractor repair 7699
Farriers 7699
Horseshoeing 7699
Industrial truck repair 7699
Laboratory instrument repair 7699
Machinery cleaning 7699
Measuring and controlling instrument repair; mechanical 7699
Meteorological instrument repair 7699
Motorcycle Repair service 7699
Precision instrument repair 7699
Repair of optical instruments 7699
Repair of service station equipment 7699
Scale repair service 7699
Septic tank cleaning service 7699
Sewer cleaning service 7699
ATTACHMENT 1
Allowed Uses
Standard Industrial
Classification
(SIC)
Surgical instrument repair 7699
Tank and boiler cleaning service 7699
Tank truck cleaning service 7699
Taxidermists 7699
Tinsmithing 7699
Motion picture theaters, except drive-in 7832
Videotape rental 784
Amusement and recreation services operated indoors 79
Golf driving ranges and miniature golf courses 7999
Health services 80
Legal services 81
Child day-care facilities 8351
Membership organizations 86
Engineering, accounting, research, management and related services, excluding
the following: 87
Testing laboratories 8734
General business offices -
Model home sales offices -
Self-service storage facilities -
Public buildings -
Public utility distribution facilities -
Business signs -
Signs allowed in § 165-201.06B -
Freestanding building entrance signs -
Multi-tenant complex signs -
Electronic message signs -
Residential uses which are accessory to allowed business uses -
Parks -
Churches -
Libraries -
Electrical supplies 506
Hardware and plumbing and heating equipment 507
Commercial batting cages operated outdoors -
Fire stations, companies and rescue squads -
Commercial sport and recreation clubs --
Social services, except for the following: 83
Residential care 836
**7699 as a whole use group is permitted in the B3 District
ATTACHMENT 1
Part 606: M1 Light Industrial District
§ 165-606.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Standard Industrial
Classification
(SIC)
Landscape and horticultural services 078
Offices and storage facilities for building construction contractors, heavy
construction contractors and special trade contractors 15, 16 and 17
Manufacturing as follows: --
Dairy products 202
Canned, frozen and preserved fruits, vegetables and soup mixes 203
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products, excluding the following: 209
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Textile mill products 22
Apparel or other finished products made from fabrics and similar material 23
Lumber and wood products, excluding the following: 24
Logging 241
Sawmills and planing mills 242
Wood preserving 2491
Furniture and fixtures 25
Paperboard containers and boxes 265
Converted paper and paperboard products, except containers and boxes 267
Printing, publishing and allied industries 27
Drugs 283
Rubber and miscellaneous plastics products 30
Concrete block and brick and related products 3271
Fabricated metal products, excluding the following: 34
Coating, engraving and allied services 347
Ammunition, except for small arms 3483
Ordnance and accessories, not elsewhere classified 3489
Industrial and commercial machinery and computer equipment 35
Electronics and other electrical equipment and components, excluding the
following: 36
Lead acid batteries 3691
Primary batteries 3692
Transportation equipment 37
Measuring, analyzing and controlling instruments; photographic, medical and
optical goods; and watches and clocks 38
ATTACHMENT 1
Allowed Uses
Standard Industrial
Classification
(SIC)
Miscellaneous manufacturing industries 39
Local and suburban transit and interurban highway passenger transportation 41
Motor freight transportation and warehousing 42
Transportation by air 45
Transportation services 47
Communication facilities and offices, including telephone, telegraph, radio,
television and other communications 48
Electric, gas and other utility facilities and offices and trucking and warehousing 49
Wholesale trade -
Advertising specialties - wholesale 5199
Restaurants 58
Linen supply 7213
Dry cleaning plants 7216
Business services 73
Truck rental and leasing, without drivers 7513
Automotive repair shops 753
Welding repair 7692
Agricultural equipment repair 7699
Boiler cleaning and repair 7699
Cesspool cleaning 7699
Coppersmithing 7699
Engine repair 7699
Farm machinery and tractor repair 7699
Industrial truck repair 7699
Machinery cleaning 7699
Measuring and controlling instrument repair; mechanical 7699
Meteorological instrument repair 7699
Motorcycle Repair Service 7699
Precision instrument repair 7699
Repair of optical instruments 7699
Repair of service station equipment 7699
Scale repair service 7699
Septic tank cleaning service 7699
Sewer cleaning service 7699
Tank and boiler cleaning service 7699
Tank truck cleaning service 7699
Tinsmithing 7699
Vocational schools 824
Business associations 861
Professional membership organizations 862
ATTACHMENT 1
Allowed Uses
Standard Industrial
Classification
(SIC)
Labor unions and similar labor organizations 863
Engineering, accounting, research, management and related services 87
Testing laboratories 8734
General business offices, including corporate, government or other offices not
providing services to the general public on a regular basis as the primary use --
Accessory retailing --
Public buildings --
Public utility distribution facilities --
Business signs --
Signs allowed in § 165-201.06B --
Freestanding building entrance signs --
Multi-tenant complex signs --
Electronic message signs --
Residential uses which are accessory to allowed business uses --
Parks --
Regional criminal justice, enforcement and detention facilities for Frederick
County, Clarke County and the City of Winchester --
Industrial launderers 7218
Truck or fleet maintenance facilities --
Self-service storage facilities --
Flex-Tech --
Fire stations, companies and rescue squads --
ATTACHMENT 2