PC 09-07-16 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
September 7, 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 3, 2016 PC Minutes ............................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) 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.
Mr. Cheran .................................................................................................................... (B)
6) 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.
Mrs. Perkins ................................................................................................................. (C)
7) Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
Frederick County Planning Commission Page 3354
Minutes of August 3, 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 3, 2016.
PRESENT: June M. Wilmot, Chairman/Member at Large: Roger L. Thomas, Vice
Chairman/Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District;
Lawrence R. Ambrogi, 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: Robert S. Molden, Opequon District; H. Paige Manuel, Shawnee District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A.
Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; and Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Wilmot called the August 3, 2016 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to
join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the June 15, 2016 and July 6, 2016
meetings.
Frederick County Planning Commission Page 3355
Minutes of August 3, 2016
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 7/11/16
Commissioner Marston reported the committee reviewed the input received from the
2035 Comprehensive Plan community meetings and endorsed the incorporation of the input into the Draft
Plan Update. He noted a joint work session with the Board of Supervisors is scheduled for August 17,
2016.
Historic Resources Advisory Board – Mtg. 7/19/16
Commissioner Cline reported the Board reviewed a Conditional Use Permit for a farm
market at 131 Gainesboro Road. He noted the applicant was present and met with the HRAB, at which
time the applicant was asked to place gravel on the driveway to conform to the surrounding area.
Frederick County Sanitation Authority – Mtg. 7/12/16
Commissioner Unger reported the FCSA is working to reduce its outstanding debt, in
recognizing the current lows in long term interest rate yields; the FCSA Board authorized the payoff of
approximately $2.2 million in outstanding debt. He noted this early payoff will result in the saving of
over $230,000 in interest expense over the next few years. 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 the Board will hold a public hearing on August 16, 2016 to accept comments on a connection and
base fee rate for Multi-Family customers. Commissioner Unger concluded the proposed multi-family
dwelling connection and monthly base fees will be calculated to be 80 percent of the 5/8” meter
connection and monthly base fees; the 5/8” meter size is commonly used for single family dwellings.
Commissioner Unger praised the outstanding job the FCSA did in the previous week due
to unforeseen complications across the County. He also commended the City of Winchester for lending a
hand.
City of Winchester – Mtg. 8/3/16
Mr. John Tagnesi, Winchester City Planning Commission Liaison, reported a Certificate
of Appropriateness was approved for the Board of Architectural Review.
Board of Supervisors – Mtg. 7/27/16
Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported, and the Board approved the
following: CUP #03-16 for Verizon Wireless, CUP #05-16 for Edwin Elvira, REZ #04-16 for Snowden
Bridge, and REZ #05-16 CB Ventures.
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Frederick County Planning Commission Page 3356
Minutes of August 3, 2016
CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Conditional Use Permit #06-16 for Borden Real Estate, LLC, which submitted for a public garage
with body repair. The property is located at 151 Conestoga Lane, Stephens City, Virginia, and is
identified with Property Identification Number 85-A-5 in the Back Creek 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 the property is located
at 151 Conestoga Lane, Stephens City and is currently zoned RA (Rural Areas) and the current land use is
public garage with body repair which is inactive. Mr. Cheran continued this is a request to update and
amend an existing CUP (Conditional Use Permit) for a public garage. He explained this property is
subject to conditions of CUP #001-90 which was approved by the Board of Supervisors on March 28,
1990. Mr. Cheran noted this public garage has not been in operation however it meets all of the
requirements of the conditions set forth with CUP #001-90.
Mr. Cheran reported there are two assigned conditions of CUP #001-90 that need to be
removed and therefore a new CUP is required:
Condition 3 – This will be a one year permit to be reviewed annually.
Condition 4 – if the use, occupancy or ownership of the property changes,
this CUP will expire and a new CUP will be required.
Mr. Cheran noted CUP’s convey with the property and therefore conditions such as 3 and
4 are no longer recommended by Frederick County.
Mr. Cheran reviewed the conditions recommended for the current CUP #06-16:
1. All review agency comments and requirements shall be complied with at all
times.
2. All repair activities shall occur entirely within the enclosed structures.
3. All exterior storage of parts and equipment shall be screened from view of the
surrounding properties by an opaque fence or screen at least six (6) feet in
height.
4. Hours of operation shall be limited to 7am – 7pm, Monday – Saturday
5. No more than four (4) employees allowed.
6. No retailing or wholesaling of parts or vehicles on site.
7. No storage of inoperable vehicles on site.
Frederick County Planning Commission Page 3357
Minutes of August 3, 2016
8. No more than five (5) vehicles waiting repair on site at any time.
9. An illustrative sketch plan shall be submitted to an approved by Frederick
County and all plan improvements shall be implemented prior to operating the
business.
10. Any expansion or change of use shall require a new CUP.
Mr. Cheran noted the Applicant would like to add a Cottage Occupation sign as condition
#11 if possible.
Commissioner Unger inquired regarding Condition #8; does this mean five (5) vehicles
outside of the structure? Mr. Cheran stated the five (5) vehicles does mean outside of the building.
Mr. Cliff Borden, the Applicant came forward for questions. He noted he is satisfied
with the conditions set forth by Staff. Commissioner Unger asked if there is an existing six (6) foot fence
in place. Mr. Borden explained there is a large hedge and concreate wall but here is no fence at this time.
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 Marston with the addition of Condition #11 for a
Cottage Occupation Sign, and seconded by Commissioner Unger
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #06-16 for Borden Real Estate, LLC, which submitted for a public
garage with body repair. The property is located at 151 Conestoga Lane, Stephens City, Virginia, and is
identified with Property Identification Number 85-A-5 in the Back Creek Magisterial District.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
Conditional Use Permit #07-16 for Ginger Teets, which submitted for a cottage occupation for sales
of Archery Supplies. The property is located at 3641 Green Springs Road, Winchester, Virginia,
and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial
District.
Action – Recommend Approval
Planner, M. Tyler Klein reported this application is submitted for a cottage occupation for
the sale of archery supplies. He continued the property is located at 3641 Green Springs Road in the
Gainesboro Magisterial District. Mr. Klein explained the property is zoned RA (Rural Areas) District and
the current land use is Residential. Mr. Klein presented a locations map of the site and an illustrative
sketch plan.
Mr. Klein reported the 2035 Comprehensive Policy Plan of Frederick County provides
guidance when considering land use actions. He continued the location of this proposed sale of archery
equipment and supplies business is in a part of the County that is planned to remain primarily rural in
nature and not part of any current land use study. Mr. Klein explained the Frederick County Zoning
Ordinance allows a Cottage Occupation in the RA (Rural Areas) District with an approved CUP
(Conditional Use Permit). Mr. Klein noted the proposed use will take place within existing structures
Frederick County Planning Commission Page 3358
Minutes of August 3, 2016
(outbuilding and shed) on the Applicant’s property and is generally compatible with surrounding rural
residential uses. Mr. Klein reviewed the proposed conditions of CUP #07-16.
1. All review agency comments and requirements shall be complied with at all times.
2. One small Cottage Occupation sign shall be permitted.
3. Hours of operation shall be 11:00 am to 6:00 pm Tuesday – Friday and 8:00 am to
6:00 pm on Saturdays. The business shall not operate on Sundays and Mondays.
4. No more than four (4) customers per day.
5. No employees permitted.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Commissioner Oates inquired on condition #4, stating four (4) customers per day is
extreme and how will this be regulated. Mr. Klein explained this number was set by the Applicant and he
can explain this further. Shawn Teets, representing the Applicant explained it was a misprint on his part.
Commissioner Unger inquired if condition #4 can be removed and it appears VDOT would be the only
agency to raise concerns if any. Mr. Teets explained VDOT gave him a total number of fifty (50) per
day; meaning twenty-five (25) in and twenty-five (25) out.
Commissioner Thomas recommended amending condition #4 to twenty-five (25)
customers per day, which was seconded by Commissioner Triplett.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
A gentleman came forward and noted this is going to be a high end archery shop,
something much needed in this area and he strongly encourages approval of the CUP.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Upon motion made by Commissioner Kenney with notation to amend condition #4 to
twenty-five (25) customers per day, and seconded by Commissioner Triplett
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #07-16 for Ginger Teets, which submitted for a cottage occupation
for sales of Archery Supplies. The property is located at 3641 Green Springs Road, Winchester, Virginia,
and is identified with Property Identification Number 13-3-16 in the Gainesboro Magisterial District.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
Rezoning #07-16 of Senseny Road Rentals, LLC, submitted to rezone two acres from RP
(Residential Performance) District to RA (Rural Areas) District. The property is located on
Senseny Road (Route 657) approximately 350’ west of Ashley Drive, in the Red Bud Magisterial
District, and is identified by Property Identification Number 65-A-46.
Action – Recommend Approval
Assistant Director, Candice E. Perkins reported this application seeks to downzone 2
acres from the RP (Residential Performance) District with proffers to the RA (Rural Areas) District
without proffers. She continued this rezoning seeks to eliminate the proffers associated with Rezoning
Frederick County Planning Commission Page 3359
Minutes of August 3, 2016
#07-06 which rezoned the property from the RA District to the RP District with proffers. Ms. Perkins
presented a locations map and a GDP (Generalized Development Plan).
Ms. Perkins reported the 2006 rezoning allowed for four single-family dwellings and
required the construction of a new public road. She explained the Applicant is seeking to rezone the
property back to the RA District and eliminate the proffers to allow for the construction of one single -
family dwelling. Ms. Perkins noted one dwelling (mobile home) currently exists on the property which
would be removed to allow for the new dwelling.
Ms. Perkins continued the Senseny/Eastern Frederick Urban Area Plan of the 2030
Comprehensive Plan identifies this general area with residential land uses. Ms. Perkins explained the
current RP Zoning of the subject property is in conformance with the goals of the Comprehensive Plan;
however the current proffers associated with this property could make development of the site impractical
due to the proffer for a new public road to serve the four lots and the requirement for a homeowners
association. Ms. Perkins presented a land use overlay map. Ms. Perkins reported the downzoning of the
site to allow for one single-family dwelling that would replace the existing mobile home may be
preferable. Ms. Perkins concluded this downzoning would also eliminate the allowance fo r the three
additional dwelling units which would reduce the impact on capital facilities and due to the site’s
proximity to planned Route 37, this would allow for additional studies to identify future acceptable land
uses.
Commissioner Dunlap mentioned an email that was received that was not in favor of this
rezoning. He noted his concern of losing the right-of-way dedication by eliminating the proffers. Ms.
Perkins explained with the 2006 rezoning it was proffered with the right -of-way; this has been discussed
with the Applicant and he has agreed to address this. Commissioner Oates stated he did not see any
comments from VDOT for this rezoning. Ms. Perkins noted that is correct; agency comments were not
provided due to this being a downzoning.
Mr. Carl Hales, the Applicant came forward to address questions and concerns. He
explained when this property was rezoned in 2006 things were looking very promising within the market.
He continued with the downward turn of the market the proffers make it nearly impossible to develop the
property. Mr. Hales noted he is willing to dedicate the right-of-way that is needed along Senseny Road.
Mr. Hales continued he is also willing to include a deed restriction that would not permit livestock.
Commissioner Unger noted his appreciation of the Applicant continuing with the right-
of-way dedication. Commissioner Oates supports the right-of-way dedication and does not see an issue
with allowing livestock on the property. Commissioner Thomas agreed with allowing livestock.
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 Mohn and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #07-16 of Senseny Road Rentals, LLC, submitted to rezone two acres from RP
(Residential Performance) District to RA (Rural Areas) District. The property is located on Senseny
Road (Route 657) approximately 350’ west of Ashley Drive, in the Red Bud Magisterial District, and is
identified by Property Identification Number 65-A-46.
(Note: Commissioner Manuel, and Commissioner Molden were absent from the meeting)
Frederick County Planning Commission Page 3360
Minutes of August 3, 2016
OTHER
Director, Michael T. Ruddy informed every one of the work session with the Board of
Supervisors that will be held on August 17, 2016 at 12:00 in the Board Room. The 2035 Comprehensive
Plan Update will be the topic.
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 Kenney 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 #09-16
CONNIE ANN MOSS
Staff Report for the Planning Commission
Prepared: August 22, 2016
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/07/16 Pending
Board of Supervisors: 09/28/16 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Connie Ann Moss for a Dog Kennel.
Should the Planning Commission find this application for a dog kennel to be appropriate, staff
recommends that the following conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. 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.
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
Page 2
CUP #9-16, Connie Ann Moss
August 22, 2016
LOCATION: This property is located at 4527 Valley Pike, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 75-A-28
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Retail Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Outdoor Recreation
PROPOSED USE: This application is for a Dog Kennel.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 11, 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 Fire and Rescue: Plan approved provided that a 1 – 5 lb multi-purpose
ABC fire extinguisher be hung and readily available with 75’ of all building(s) that apply to this
permit. At least 1 smoke detector be installed in all building(s) that apply to this permit.
Frederick County Inspections: Conditional Use request for use of residential storage building
under construct as dog training/kennel. The area utilized shall comply with The Virginia
Uniform Statewide Building Code.
Permit is required for change of use residential storage building. Please submit floor plan with a
building permit application. Restroom shall meet ANSI A117.1-90 for public use. Mechanical air
change shall be provided as required per International Mechanical Code.
Electrical permit. Accessible parking shall be provided per ANSI A117.1-09. Accessible route
Page 3
CUP #9-16, Connie Ann Moss
August 22, 2016
from parking area/unloading to kennel entrance shall be provided. Unloading area shall meet
ANSI A117.1-09 for material surface.
Max slope of parking/unloading area is 2% or 1”:48”.
Ramps shall not exceed a 1”:12” slope. There shall be a landing at the top and bottom of the
ramp.
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
Winchester-Frederick County Health Department: The Frederick County Health Department
has no objections as long as no animal feces is introduced to the sewage disposal system and is
disposed of by other means. An engineered sewage disposal system would be required due to
non-human nutrient levels if animal waste is disposed of in the system.
Frederick County Sanitation Authority: No Comments.
City of Winchester: No Comments.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District
with an approved Conditional Use Permit (CUP). This proposed use will take place on a 4.09+/-
acre parcel; surrounded by properties that are zoned RA. The 2030 Comprehensive Policy Plan
of Frederick County, provides guidance when considering any land use actions. This property is
located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long
Range Land Use Plan, this area of the County is identified for commercial uses. It appears that
this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick
County.
The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle
or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning
Ordinance requires that kennels be subject to additional performance standards in order to
mitigate negative impacts to adjoining residential properties to include, all dogs to be confined
within a secure structure and a Category C Buffer. The properties immediately adjacent to
this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling
being approximately 500 feet from this proposed dog kennel. Therefore, the intent of the
Category C Buffer can be met, as 400 feet is required for a no screen Category C Buffer.
This proposed dog kennel will have five (5) kennels for brooding of dogs, with two (2) dogs per
kennel for total of ten (10) dogs. All dogs must be confined indoors with the exception of when
they are walked or exercised, and will not to be let outdoors prior to 8:00 a.m. Dogs must be
confined indoors by 9:00 p.m. There will be no breeding of dogs with this use.
There will be a total of three (3) employees with this use. This property also will be used for
Page 4
CUP #9-16, Connie Ann Moss
August 22, 2016
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. The training
sessions will be conducted via appointment with no more than six (6) customers. Hours of
operation for this use will be 8:00 a.m. to 9:00 p.m. Monday –Sunday.
STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING COMMISSION MEETING:
If the Planning Commission feels the dog kennel to be appropriate, staff recommends the
following conditions be attached to the 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.
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.
0111
StephensCity
75 A 28
4699VALLEYPIKE
4580VALLEY PIKE
9112
4563VALLEYPIKE
4541VALLEYPIKE4560VALLEYPIKE
4548VALLEYPIKE
4506VALLEYPIKE
VA
L
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Applications
Parcels
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 28, 2016Staff: mcheran
Stephens City
§¨¦81 §¨¦810111
CUP # 09 - 16Connie Ann MossPIN:75 - A - 28Cottage Occupation - Dog Kennel
0 180 36090 Feet
CUP #09-16
CUP # 09 - 16Connie Ann MossPIN:75 - A - 28Cottage Occupation - Dog Kennel
0111
StephensCity
75 A 28
4699VALLEYPIKE
4580VALLEY PIKE
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REZONING APPLICATION #09-16
COMMONWEALTH BUSINESS CENTER LOT 5
Staff Report for the Planning Commission
Prepared: August 30, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission: 09/07/16 Pending
Board of Supervisors: 09/28/16 Pending
PROPOSAL: 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.
LOCATION: 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).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING
COMMISSION MEETING:
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. Specifically the
Applicant is proposing to operate a church from the property, although the proffers do not limit the site
to that use.
The property is located within the County’s Urban Development Area (UDA) and Sewer and Water
Service Area (SWSA). The Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the Eastern
Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use
designation. The B2 (General Business) District zoning requested by the Applicant continues to be
consistent with the land use identified in the 2030 Comprehensive Plan. No additional impacts to
Frederick County or the surrounding property owners are anticipated.
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 #09-16 Commonwealth Business Center Lot 5
August 30, 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: 09/07/16 Pending
Board of Supervisors: 09/28/16 Pending
PROPOSAL: 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.
LOCATION: 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).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75-A-91E
PROPERTY ZONING: B3 Industrial Transition District
PRESENT USE: Office
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Vacant
M2 (Industrial General) Use: HP Hood (Industrial)
South: B3 (Industrial Transition) Use: Automotive Parts Sales
B2 (General Business) Use: RV Sales/Service
East: B3 (Industrial Transition) Use: Commercial (Auto Sales/Service)
West: B3 (Industrial Transition) Use: Vacant
Rezoning #09-16 Commonwealth Business Center Lot 5
August 30, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: A VDOT review has been conducted for the Mosaic Bible Church
Rezoning, with date of June 24, 2016. Based off of the review of the submittal, we are satisfied with the
proposed transportation comments. The current entrances are adequate for the proposed uses.
Frederick County Sanitation Authority: I am in receipt of the Mosaic Bible Church rezoning
application for property located at 161 Commonwealth Court. This property currently has ¾ inch water
and sewer service. Capacities are available should the Applicant in the future request upgraded services
to meet their requirements. FSCA is supportive of the rezoning.
Public Works Department: We have no objection to the proposed rezoning from B3 to B2 to
accommodate the change in use. However, we request that you clarify the reference to the stormwater
management facility in paragraph “site drainage”.
Frederick County Fire Marshall: Plans approved
Winchester Regional Airport: Proposed rezoning is compatible with airport operations
Frederick County Attorney: Please see the attached letter from Roderick B. Williams dated August
10, 2016.
Planning & Zoning:
1) Site History:
The Frederick County Planning Department administratively approved the Commonwealth
Business Center Master Development Plan on July 19, 1999. Previously, the Board of
Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master
Development Plan called for the industrial/commercial development of a 37 acre site.
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 Urban
Rezoning #09-16 Commonwealth Business Center Lot 5
August 30, 2016
Page 4
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the
Eastern Frederick County Long Range Land Use Plan identifies this area with a
Business/Commercial land use designation. Therefore the requested B2 Zoning District is
consistent with the Comprehensive Plan.
Site Access
The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167).
3) Proffer Statement, Dated June 24, 2016, revised August 10, 2016:
A. Land Use Restrictions:
1. The owner has prohibited:
General Merchandise Stores
Commercial Daycare Facilities
Adult Retail
2. The owner has also proffered to prohibit daycare facilities operated by the
church or private schools.
B. Site Development: The owners will prepare a conceptual sketch plan to show the use of
the facility (additions or expansions would require submission of a revised site plan per
the Frederick County Zoning Ordinance).
C. Monetary Contribution: The Applicant has proffered to contribute $500 for Fire and
Rescue Services.
STAFF CONCLUSIONS FOR THE 09/07/16 PLANNING COMMISSION MEETING:
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. Specifically the
Applicant is proposing to operate a church from the property, although the proffers do not limit the site
that use.
The property is located within the County’s Urban Development Area (UDA) and Sewer and Water
Service Area (SWSA). The Sewer and Water Service Area define the general area in which more
intensive forms of planned commercial and industrial development will occur. In addition, the Eastern
Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use
designation. The B2 (General Business) District zoning requested by the Applicant continues to be
consistent with the land use identified in the 2030 Comprehensive Plan. No additional impacts to
Frederick County or the surrounding property owners are anticipated.
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.
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HE (Higher Education District)
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IMPACT ANALYSIS STATEMENT
MOSAIC BIBLE CHURCH
COMMONWEALTH BUSINESS CENTER – LOT 5
Back Creek Magisterial District
Frederick County, Virginia
TM 75-A-91E
June 24, 2016
Current Owner: Executive Protection Systems, LLC
Contact Person: Evan Wyatt, Director of Land Planning
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
2
MOSAIC BIBLE CHURCH
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 1.21±-acre subject property currently owned by Executive
Protective Systems, LLC, and identified as Tax Map Parcel 75-A-91E. The subject property
is located in the Commonwealth Business Center (Lot 5) on the north side of Commonwealth
Court (Rt. 1167). Tax Map Parcel 75-A-91E is currently zoned B-3, Industrial Transition
District and is developed as an office facility with showroom and construction contractor
storage area. Mosaic Bible Church (the Applicant) proposes to rezone the 1.21±-acre subject
property to B-2, Business General District with proffers to utilize the existing facility as a
church without daycare or school accessory use.
Basic information
Location: Fronting on the north side of Commonwealth Court (Rt.
1167), approximately 500’ east of Valley Pike (US
Route 11 South).
Magisterial District: Back Creek District
Property ID Numbers: 75-A-91E
Current Zoning: B-3, Industrial Transition District
Current Use: Office and Construction Contractor Storage Facility
Proposed Zoning: B-2, Business General District with Proffers
Proposed Use: Church without Daycare or School Accessory Use
Total Rezoning Area: 1.21±-acres with Proffers for the Subject Property
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M 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 1.21±-acre subject property is currently located within the UDA; therefore, expansion of
the UDA boundary to accommodate the proposed development of the church facility without
daycare and school accessory use 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 1.21±-acre subject property is currently
located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the
proposed development of the church facility without daycare and school accessory use is not
required for this rezoning application.
Comprehensive Plan Conformity
The 1.21±-acre subject property is located in the UDA and the SWSA and is within the study
area boundary of the Southern Frederick Land Use Plan, which was adopted by the Board of
Supervisors on July 14, 2011. The Southern Frederick Land Use 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 1.21±-acre subject property is identified for business land use; therefore, the proposed B-
2, Business General District rezoning is in conformance with the Comprehensive Policy Plan.
SUITABILITY OF THE SITE
Access
The 1.21±-acre subject property is located on the north side of Commonwealth Court (Rt.
1167), approximately 500 feet east of Valley Pike (U.S. Route 11 South). Access to the
subject property is accommodated from existing commercial entrances along Commonwealth
Court. Therefore, the proposed development of the church facility without daycare and
school accessory use will not require new entrances to be constructed for access to the
subject property.
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
4
Flood Plains
The 1.21±-acre subject property does not contain areas of floodplain as demonstrated on
FEMA NFIP Map #51069C0214D, Effective Date September 2, 2009; as well as information
from the Frederick County GIS Database.
Wetlands
The 1.21±-acre 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 1.21±-acre subject property contains one soil type as demonstrated by the Soil Survey of
Frederick County, Virginia and the Frederick County GIS Database. The following soil type
is present on site:
6C Carbo-Oaklet Silt Loams, Very Rocky 2-15% slope
The Carbo-Oaklet Silt Loam is not identified as a prime agricultural soil and has high
shrink/swell properties. The subject property is currently developed as an office facility with
construction contractor storage area and will not require expansion to accommodate the
church facility without daycare and school accessory use.
Other Environmental Features
The 1.21±-acre 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 subject property is located in the geographic portion of the County that is underlain by
karst geology. However, the subject property is currently developed as an office facility with
construction contractor storage area and will not require expansion to accommodate the
church facility without daycare and school accessory use.
SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: M-2, Industrial General District Use: H.P. Hood
B-2, Business General District
South: B-2, Business General District Use: Camping World
B-3, Industrial Transition District Car Quest Distribution
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
5
East: B-3, Industrial Transition District Use: Ultimate Automotive Group
West: B-3, Industrial Transition District Use: Unimproved
TRANSPORTATION
The 1.21±-acre subject property is currently improved as an office, showroom and storage
facility with existing commercial entrance access from Commonwealth Court (Rt. 1167).
The rezoning of the subject property from the B-3, Industrial Transition District to the B-2,
Business General District, is intended to allow for the existing facility to be utilized as a
church facility without daycare and school accessory use.
The Applicant (Mosaic Bible Church) will utilize the property for church services on
Sundays between 9:00 AM – 1:00 PM and anticipates that there will minor use of the facility
office with limited church membership during the week. The Applicant has advised that the
traffic volume for their membership is approximately 50 vehicle trips on Sundays and that
this volume is not anticipated to significantly increase as a result of acquiring the 1.21± acre
subject property. The ITE Trip Generation Manual, 9th Edition identifies an average vehicle
rate of 0.61 vehicle trips per seat during Sunday Peak Hour Generation. Therefore, assuming
a congregation of 100 members would create a range of 50-61 vehicle trips during the
Sunday Peak Hour based on the information provided by the Applicant and by the ITE Trip
Generation Manual.
Greenway Engineering met with the County Transportation Planning Director to discuss the
intended use of the property; as well as other potential land uses that could occur within the
B-2, Business General District that are not already permitted by the current zoning of the
subject property. Based on this discussion, the proposed Proffer Statement restricts church
facilities from providing daycare service and private school service on the subject property,
and restricts general daycare facilities and general merchandise stores (SIC 53) as land uses
within the B-2, Business General District as a condition of rezoning approval. Greenway
Engineering has conducted a comparative analysis of land uses within the B-2 District that
are otherwise not permitted in the B-3 District and does not believe that these land uses
would impact the existing transportation network. Commonwealth Court (Rt. 1167) is a state
maintained road with separated right and left turn lanes at a signalized intersection with
Valley Pike (US Route 11). The existing transportation network provides adequate storage
capacity at the intersection and allows for protected left turn movements for traffic on Valley
Pike and Commonwealth Court.
The proposed rezoning application will result in a significant reduction of traffic generation
from the subject property that is projected at 235 VPD Weekday Peak Hour Generation
volume based on the ITE Trip Generation Manual. The proposed church facility is projected
at 50-61 VPD Peak Hour Generation volume based on information from the ITE Trip
Generation Manual; therefore, the proposed rezoning application results in a reduction of 174
VPD and will not impact the transportation network during the Weekday and Saturday Peak
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
6
Hours. The proffered land use restrictions mitigate potential impacts to the transportation
network in the future should the subject property be utilized as a different land use; therefore,
the proposed rezoning application does not negatively impact the transportation network.
SEWAGE CONVEYANCE AND TREATMENT
The 1.21±-acre 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 serves the existing facility with public sewer. The
subject property has been improved with an 8-inch gravity sewer line that directs sewer
effluent to the Hoge Run sewer interceptor main, which transmits sewer effluent to the
Parkins Mill Treatment Facility.
Based on comparable discharge patterns, 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.
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 15.875 (15,875 sq.ft./1,000 sq.ft.)
Q = 1,190 GPD
TOTAL: Q = 1,190 GPD projected sewer demand
The proposed church facility without daycare and school accessory use is anticipated to
require less sewer demand than the existing facility based on the limited use of the existing
facility that will occur primarily on Sundays between 9:00 AM – 1:00 PM and limited office
use by church representatives during the week. Therefore, the rezoning request will not
create a negative impact for sewer demand associated with the subject property.
WATER SUPPLY
The 1.21±-acre 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 of public water
service within this area of the County and serves the existing facility with public water. The
subject property has been improved with a 12-inch water line that is looped to connect with a
20-inch water line near the northern boundary of the subject property.
Based on comparable discharge patterns, 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 water demand for commercial land uses.
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
7
Q = 75 gallons/day/acre per 1,000 square feet commercial
Q = 75 GPD x 15.875 (15,875 sq.ft./1,000 sq.ft.)
Q = 1,190 GPD
TOTAL: Q = 1,190 GPD projected water demand
The proposed church facility without daycare and school accessory use is anticipated to
require less water demand than the existing facility based on the limited use of the existing
facility that will occur primarily on Sundays between 9:00 AM – 1:00 PM and limited office
use by church representatives during the week. The existing water infrastructure provides
adequate supply and pressure to the existing facility; therefore, the rezoning request will not
create a negative impact for water demand associated with the subject property.
SITE DRAINAGE
The topographic relief on the 1.21±-acre subject property generally follows a south to north
pattern, which directs drainage from the front of the rear. The approved site development
plan for the subject site was designed to direct stormwater to the west and then drain to a
facility in the northwest corner of the subject property. The subject property is currently
developed as an office facility with showroom and construction contractor storage area and
will not require expansion of the stormwater management facility to accommodate the church
facility without daycare and school accessory use. Therefore, site drainage and stormwater
management impacts to adjoining properties and the community have been mitigated.
SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities associated with the 1.21± subject site can be
projected from an average annual commercial consumption of 5.4 cubic yards per 1,000
square feet of structural area (Civil Engineering Reference Manual, 4th edition). The subject
property is currently developed as an office facility with construction contractor storage area
that is 15,875 square feet in gross floor area. Therefore, solid waste disposal impacts are
based on the following figures that provide the increase in average annual solid waste volume
based on the existing land use:
AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial
AAV = 5.4 cu. yd. x 15.875 (1,000 sq. ft.)
AAV = 85.7 cu. yd., or 60.0 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 existing land use has the potential to generate
approximately 60 tons of solid waste annually on average. This represents a 0.03% increase
Greenway Engineering June 24, 2016 Mosaic Bible Church Rezoning
File #2530M Impact Statement/EAW
8
in the annual solid waste received by the Municipal Solid Waste area of the Regional
Landfill, which currently averages 200,000 tons per year. The proposed church facility
without daycare and school accessory use will result in a significantly lower volume of solid
waste generation than the projected volume due to the frequency of use of the subject
property. The 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 1.21±-acre subject property, nor does the survey identify
properties within proximity of this site that are deemed potentially significant. The National
Park Service Study of Civil War Sites in the Shenandoah Valley identifies t he 1.21±-acre
subject property as being located within the proximity of the Second Kernstown study area
boundary; however, the subject property is located outside of the defined core battlefield area
and is also defined as having lost integrity due to existing development patterns. Therefore,
the proposed church facility without daycare and school accessory use will not create
negative impacts associated with historic resources.
OTHER POTENTIAL IMPACTS
The redevelopment of the 1.21±-acre subject property for the proposed church facility
without daycare and school accessory use will result in less impacts to the County than the
existing office facility with showroom and construction contractor storage area. In
recognition of fire and rescue services, the Proffer Statement provides a $500.00 monetary
contribution for the existing facility. There are no other potential impacts associated with the
1.21±-acre subject property above those discussed in this Impact Analysis Statement.
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R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 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 0 0 F e e t
Le gend
Commonw ea lth Busine ss Cente r, Lo t 5
Pa rcel Bou ndary
Frederick Coun ty Z oning
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
M1 (Industrial, Light District)
M2 (Industrial, General Dist rict)
RP (Residential, Performance District)
200 0 200
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
L O C A T I O N A N D Z O
N I N G M A P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5
SITE
£¤11
COMM ONW EALTH CT
£¤11
WINCHES TE R
ËÊ37 V A L L E Y P I K E §¨¦81
§¨¦81
S H A D Y E L M R D
LO CATION M AP
16 in.
20 in.
8 i n .
6 i n .
12 in.
8 i n .
12 in.
16 in.
20 in.
2 0 i n .
12 in.
8 i n .
6 i n .
8 i n .
20 in.
6 i n .
1 2 i n .
8 in.
8 i n .
12 in.
1 2 i n .
8 in.
8 in.
6 i n .
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8 in.
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8 in.
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1 2 i n .
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8 in.
12 in.
1 2 i n .
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8 in.8 i n .
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8 in.
8 in.
8 in.
8 in.
8 i n .
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8 i n .
V A L L E Y P I K E
£¤11
COMMONWEALTH CT
Map Data Source: Frederick Count y, Va. GIS Departm ent, 2016 Data; Water & Sewer Data Courtesy of FCSA, January 2016
W A T E
R -S
E W
E R &
S
W S A -U D A M A P
B A C K C R E
E K M A G
I S T E
R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 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 F e e t
Le gend
Commonw ea lth Busine ss Cente r, Lo t 5
Pa rcel Bou ndary
Water M ain
Water L ateral
Se wer Force Ma in
Se wer G ravity Main
Se wer-Wate r Service Area (S WSA)
Urba n Develo pme nt A rea (UDA )
100 0 100
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
W A T E R -S E W
E R & S W S A -U D A M A P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5
SITE
£¤11
£¤11
WINCHESTER
ËÊ37
SITE:Ins ide SW SAOutside UDAVALLEY P I K E §¨¦81
§¨¦81
S H A D Y E L M R D
APPLE VALLEY RD
7 5 0
7 7 5
725
7 5 0
7 2 5
7 5 0
7 5 0
775
7 2 5725
750
725
B a l t i m o r e & O h i o R R B a l t i m o r e & O h i o R R
V A L L E Y P I K E
7 5 0
725
7 2 5
7 2 5
750
725
7 5 0
7 5 0
7 2 5
7 5 0
750
7 5 0
7 5 0750
7 5 0
§¨¦81
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rs814
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F A Y S T
H I L L A N D A L E L N
K I N G L N
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Map Data Source: Frederick Count y, Va. GIS Departm ent, 2016 Data; Wetlands N.W.I. - U.S. Fish & Wi ldli fe Servi ce (http://www.fws.gov/wetlands/Data/Data-Downl oad.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
B A C K C R E
E K M A G
I S T E
R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 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
Commo nw ealth Bu siness Ce nter, Lot 5
Parcel B ound ary
Lake or P ond
We tl and (N.W.I.)
100 Ye ar Flood pl ain
Stre am
5 Foot Inte rmediate Contour
25 Foot Inde x Con tour
300 0 300
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
E N V I R O N M E N T A L F E A T U R E S
M A P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5
6C8C
7C
V A L L E Y P I K E
£¤11
COMMONWEALTH CT
Map Data Source: Frederick Count y, Va. GIS Departm ent, 2016 Data
S O
I L S
M A P
B A C K C R E
E K M A G
I S T E
R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 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 F e e t
Le gend
Commo nw ealth Bu siness Ce nter, Lot 5
Parcel B ound ary
NRCS Soils
6C:CARBO-OAKLET SILT LOAMS, VERY R OCKY, 2 TO 15 PERCENT SLOPES
7C:CARBO-OAKLET-ROCK OUT CROP COMPLEX, 2 TO 15 PERCENT SLOPES
8C:CHILH OWIE SILTY CLAY LOAM, 7 TO 15 PERCEN T SLOPES
100 0 100
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
S O I L S M A P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5
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34-126 Hillan dale
34-980 A dams, Mervel House
B a l t i m o r e & O h i o R R
V A L L E Y P I K E
§¨¦81
§¨¦81
£¤11
ËÊ37
ËÊ37
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rs651
rs880
rs652
rs642
rs814
rs881 rs844
rs872
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S H A D Y E L M R D
H I L L A N D A L E L N
F A Y S T
PROSPERITY DR
COMMONWEALTH CT
CAPITOL LN
DA
W
SON DR
FROGALE CT
D E S T I N Y D R
K
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PASTU
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KERNSTOWN COMMONS BLVD
Map Data Source: Frederick Count y, Va. GIS Departm ent, 2016 Data
H I S
T O
R I C F E A T U R E
S M A
P
B A C K C R E
E K M A G
I S T E
R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 M
D E S I G N E D B Y : D W E
S C A L E :
1 I n c h = 6 0 0 F e e t
Le gend
Commo nw ealth Bu siness Ce nter, Lot 5
Parcel B ound ary
[e Rural La ndmark
æ Cemetery
à Civil Wa r Camp
m Civil Wa r Fort
Civil War Battlefield
Second Kernstow n
600 0 600
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
H I S T O R I C F E A T U R E S M A P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5
MOSAIC BIBLE CHURCH REZONING COMMONWEALTH BUSINESS CENTER, LOT 5
Tax Map Number Owner Mailing Address City & State ZIP Acres
63 A 85 CQ LANDLORD MULTI LLC, C/O LESLIE SHANAHAN SR PR TAX ACCT PARTS DISTRIBUTION LLC, 2635 E MILLBROOK RD RALEIGH, NC 27604 9.27
63 A 86A H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 74.09
63 A 86B H P HOOD INC 6 KIMBALL LN STE 400 LYNNFIELD, MA 1940 3.41
75 A 91E EXECUTIVE PROTECTION SYSTEMS LLC 161 COMMONWEALTH CT WINCHESTER, VA 22602 1.209
75 A 91G UAG PROPERTIES LLC 16 W PALL MALL ST WINCHESTER, VA 22601 1
75 A 91H BEAN PROPERTIES LLC PO BOX 3625 WINCHESTER, VA 22604 1
75 A 91J MEGANET REALTY LLC 506 MIDDLESEX AVE COLONIA, NJ 7067 4.13
ADJOINING PROPERTIES LISTING SOURCE: FREDERICK COUNTY GIS, APRIL 2016
63 A 86A
63 A 85
63 A 86B
75 A 91E
75 A 91J
75 A 91G
75 A 91H
V A L L E Y P I K E
£¤11
COMMONWEALTH CT
Map Data Source: Frederick Count y, Va. GIS Departm ent, 2016 Data
A D J O
I N
I N G P R O P
E R T I E S
M
A P
B A C K C R E
E K M A G
I S T E
R I A L D I S T R I C T
M O S
A I C B I B L E C H U R C H 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 5 -1 6
P R O J E C T I D : 2 5 3 0 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 F e e t
Le gend
Commo nw ealth Bu siness Ce nter, Lot 5
Adjoin in g Prop erty
Parcel B ound ary
100 0 100
Feet
µ
M O S A I C B I B L E C H U R C
H R E Z O N I N G
C O M M O N W E A L T H B U S I N E S S
C E N T E R
L O T 5
A D J O I N I N G P R O P E R T I E S M A
P
C O M M O N W E A L T H B U S I N E S S C E N T
E R , L O T 5