PC 03-18-15 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 18, 2015
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) February 18, 2015 Minutes .............................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Discontinuance and Abandonment – Gold Orchard Road (Route 708) – The Planning
Commission of the County of Frederick will hold a public hearing to consider a proposal
to abandon Gold Orchard Road (Route 708), from .02 miles north of Carpers Pike (Route
259), until the end of State Maintenance, per §33.1-151, Code of Virginia, 1950, as
amended.
Mr. Bishop ...................................................................................................................... (B)
Other
Adjourn
Work Session - 2015 Annual Retreat
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 3184
Minutes of February 18, 2015
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 February 18, 2015.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J.
Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin
Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud
District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison.
ABSENT: Charles E. Triplett, Gainesboro District; J. Stanley Crockett, Stonewall District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director;
Candice E. Perkins, Senior Planner; and Shannon Conner, Administrative Assistant.
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CALL TO ORDER
Chairman Wilmot called the February 18, 2015, meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting
everyone to join in a moment of silence.
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ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the
Planning Commission unanimously adopted the minutes of their December 17, 2014 and January 7, 2015
meetings.
Frederick County Planning Commission Page 3185
Minutes of February 18, 2015
COMMITTEE REPORTS
Transportation Committee - 1/26/15 Mtg.
Commissioner Oates reported there were three items discussed: abandonment request by
Cordell Watt on Golds Orchard Road; proffer modification to Petticoat Gap Lane; update on the House
Bill 2 and the standards for road funds which has no resolution at this time.
Comprehensive Plans Programs Committee (CPPC) - 2/09/15 Mtg.
Commissioner Mohn reported there was a productive discussion regarding the Kernstown
Area Plan. He also noted this will be discussed at the Planning Commission Retreat.
Winchester Planning Commission - 2/17/15 Mtg.
Commissioner Kenney, Liaison to the Winchester Planning Commission, reported there
were two items on the agenda: Public Hearing for larger signage along the Amherst Street Corridor and
the Corridor Enhancement District; Rezoning on Linden Drive that has been tabled for 60 days.
Board of Supervisors Report – 1/14/15 and 1/28/15 Mtgs.
Board of Supervisors’ Liaison, Supervisor Robert Hess, reported the Board of
Supervisors met on January 14, 2015 at which time a request was approved from the applicant of REZ
#02-14 Heritage Commons to postpone the rezoning until March 11, 2015. The board also approved a
request to waive a Category C Zoning District Buffer requirement which met the criteria of the zoning
ordinance. On January 28, 2015 the board discussed the Comprehensive Policy Plan Amendment
(CPPA) for inclusion of the Blaine Properties in the Sewer and Water Service Area (SWSA). The Capital
Improvements Plan (CIP) was also discussed at the meeting. Mr. Hess noted that both items have been
moved forward for Public Hearing.
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Committee Appointments
Development Review & Regulations Committee
Chairman Wilmot announced the appointments as follows: Greg Unger, Planning
Commission Member, Back Creek District; Kevin Kenney, Planning Commission Member, Gainesboro
District; Gary Oates, Planning Commission Member, Stonewall District; Lawrence Ambrogi, Planning
Commission Member, Shawnee District; Roger Thomas, to serve ex-officio, Planning Commission
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Minutes of February 18, 2015
Member, Opequon District; June Wilmot, to serve ex-officio, Planning Commission Chairman, At Large;
Jay Banks, Citizen Member, Back Creek District; Tim Stowe, Citizen Member, Back Creek District;
Dwight Shenk, Citizen Member, Gainesboro District; Whitney Wagner, Citizen Member, Stonewall
District.
Comprehensive Plans & Programs Committee
Chairman Wilmot announced the appointments as follows: Christopher Mohn, Planning
Commission Member, Red Bud District; Gary Oates, Planning Commission Member, Stonewall District;
J. Rhodes Marston, Planning Commission Member, Back Creek District; H. Paige Manuel, Planning
Commission Member, Shawnee District; Robert Molden, Planning Commission Member, Opequon
District; Roger Thomas, to serve ex-officio, Planning Commission Member, Opequon District; June
Wilmot, to serve ex-officio, Planning Commission Chairman, At Large; James Golladay, Citizen Member
and former Chairman of the Planning Commission; Kay Dawson, Citizen Member, Red Bud District;
Tony Morelli, Citizen Member, Opequon 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.
Mrs. Dorothy Carriker, of Downing Circle Stephens City VA, spoke in opposition of
REZ #05-14 CB Ventures, LLC. She voiced her concerns on the following: safety for her neighborhood
and the school children at the nearby middle school; neighborhood privac y; character of neighborhood;
height of structure and lighting; traffic with current Aylor Road and projected new road alignment. Mrs.
Carriker noted she does not feel this rezoning is adequate for the existing property.
Mr. Alan Moeck, of Downing Circle Stephens City VA, spoke in opposition of REZ #05-
14 CB Ventures, LLC. Mr. Moeck noted his concern with the amount of lighting that will be needed for a
large structure on this property. He explained that he is already affected by ligh ting at an adjacent
building.
Mr. Ulysses Carriker, of Downing Circle Stephens City VA, requested that the property
owners come speak to him and folks in the neighborhood. He noted he would like to have a civil
conversation with the property owners to see exactly what they have in mind to put on this property.
Chairman Wilmot asked if there were any additional comments, no one came forward
and Chairman Wilmot closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3187
Minutes of February 18, 2015
PUBLIC HEARING
2015 – 2016 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects
requested by various County Departments and Agencies. The Plan is created as an informational
component of the 2030 Comprehensive Plan.
Action – Recommended Approval
Deputy Planning Director, Michael T. Ruddy, provided an overview of the proposed
2015 – 2016 Capital Improvements Plan (CIP). It was noted by Mr. Ruddy, the CIP has gone through the
Comprehensive Plans and Programs Committee (CPPC) and was endorsed in December, 2014. Mr.
Ruddy reported the CIP includes eighty-eight projects, including several new projects. He noted this
continues to reinforce the connection between the CIP and the County’s Comprehensive Plan in addition
to rezonings. Mr. Ruddy reiterated the CIP continues to be exemplified in collaboration with Frederick
County Public Schools and the Parks and Recreation Department. It was noted this year’s CIP continues
to include the individual Fire and Rescue Company requests as a subcomponent. Mr. Ruddy explained
the CIP also includes other components: Schools, Parks and Recreation, Regional Library,
Transportation, Winchester Regional Airport, County Administration, and Fire and Rescue.
Mr. Ruddy touched briefly on some of the projects that are moving forward and that have
been added. He noted the replacement of Frederick County Middle School and the construction of the
Round Hill Fire Station are moving forward. Also noted were several items that have moved off of the
Winchester Regional Airport CIP due to parcel acquisition around the runway. Mr. Ruddy reported new
and modified projects are: County Administration, the Joint Judicial Center renovation/new facility a two
phase project to accommodate the additional needs of the court system; Parks and Recreation, pool
complex renovations followed by the Snowden Bridge Park development, and the Indoor Aquatics
Center; Frederick County Schools, renovation to the Dowell J. Howard Center; Public Works, citizens
convenience site at Clearbrook to be relocated to accommodate citizens in that area; Winchester Regional
Airport, general aviation terminal; Fire and Rescue items remain the same.
Chairman Wilmot called for anyone who wished to speak regarding the 2015 – 2016
Capital Improvement Plan (CIP) to come forward.
Mr. Tag Grove, Coach of the Winchester Swim Team came forward to speak in support
of the Indoor Aquatics Center project. Mr. Grove gave a brief overview depicting the amount of local
involvement in swimming. He noted his current team has reached its maximum amount of children due
to the lack of an adequate facility. Mr. Grove expressed the health benefits to the young and old and the
enhancement on the local quality of life this project would provide.
Ms. Jessica DeJong, President of Valley Swim Team Phoenix reinforced the need for an
Indoor Aquatics Center. She believes this would be a wonderful addition to the community.
Mr. Will Sigler, Coach of the Millbrook High School swim team spoke in support of an
Indoor Aquatics Center in Frederick County. He also expressed the health benefits this project would
provide.
Ms. Victoria Reese, Student at Sherando High School commented on the need for an
Indoor Aquatics Center. She believes due to inadequate facilities thus resulting in the late times students
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Minutes of February 18, 2015
are forced to practice have had a negative impact on the academics of the athletes. She also expressed the
health benefits this project would have for the elderly in our community.
Chairman Wilmot commented this project has been in the works for a long time and she
is hopeful it will continue to move forward.
Commissioner Thomas commented there is a long history of swimmers in his family and
he feels swimming is a lifestyle enhancer. Mr. Thomas would like the Planning Department staff to
ensure the Board of Supervisors are made aware of the significant amount of support that was shown for
the Indoor Aquatic Center by the citizens present at the meeting.
Chairman Wilmot called for anyone else who wished to speak regarding this Public
Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Thomas and seconded by Commissioner Dunlap
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of the 2015 – 2016 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital
projects requested by various County Departments and Agencies. The Plan is created as an informational
component of the 2030 Comprehensive Plan.
(Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting.)
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2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water Service
Area (SWSA) Inclusion. A change to the SWSA boundary to affect the following parcels, totaling
approximately 140 acres, 33-A-78A, 33-A-113, 33-A-114C, 33-A-123A, 33-A-124, 33-A-77B, and 33-
A-72. These properties are currently designated in the 2030 Comprehensive Plan for future
commercial and industrial land uses. The properties are generally located south of Cedar Hill
Road, (Route 671), north of Hopewell Road, (Route672), and west of Interstate 81, and are located
in the Stonewall Magisterial District.
Action – Recommended Approval
Commissioner Oates said he would abstain from all discussions on this item due to a
possible conflict of interest.
Deputy Planning Director, Michael T. Ruddy, presented an overview of the proposed
application, 2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water
Service Area (SWSA) Inclusion. Mr. Ruddy noted a change to the SWSA boundary to include
approximately 140 additional acres in the vicinity of the Blain properties to the SWSA. Mr. Ruddy
explained this is a draft amendment to the 2030 Comprehensive Plan, appendix I – Area Plans, The
Northeast Frederick Land Use Plan. Mr. Ruddy reiterated the properties are currently designated with a
commercial and industrial land use.
Frederick County Planning Commission Page 3189
Minutes of February 18, 2015
Mr. Ruddy reported the Comprehensive Plans and Programs Committee (CPPC)
endorsed this request at their November 10, 2014 meeting. The CPPC recommended the road alignment
and land use areas be modified slightly to ensure the road was in a logical location consistent with the
property line and existing road and that the areas of land use were completely within the SWSA. Mr.
Ruddy noted the CPPC expressed it would be helpful to include language to this effect in the amended
land use plan.
Chairman Wilmot opened the public hearing and called for anyone who wished to speak
regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the
public comment portion of the hearing.
Chairman Wilmot commented she is concerned with the capacity of the Sewer and Water
System in this area.
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 the 2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water
Service Area (SWSA) Inclusion. A change to the SWSA boundary to affect the following parcels,
totaling approximately 140 acres, 33-A-78A, 33-A-113, 33-A-114C, 33-A-123A, 33-A-124, 33-A-77B,
and 33-A-72. These properties are currently designated in the 2030 Comprehensive Plan for future
commercial and industrial land uses.
(Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting)
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PUBLIC MEETING:
Rezoning #05-14 CB Ventures, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of
property from B1(Neighborhood Business) District to B2 (General Business) District with proffers.
The property is located at 1033 Aylor Road in Stephens City and is identified by Property
Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District.
Action – Recommended Denial
Commissioner Molden said he would abstain from all discussion on this item due to a
possible conflict of interest.
Deputy Planning Director, Michael T. Ruddy provided and overview of REZ #05-14 CB
Ventures, LLC. He noted since the Planning Commissions Public Hearing held January 7, 2015 the
Applicant has provided a modified proffer statement (Revision Date: February 5, 2015) to prohibit two
uses: Gasoline Service Stations and Veterinary Offices. In addition, a proffer addressing the allowed
building height has been added. Mr. Ruddy explained the maximum building height for an office
building or hotel/motel shall be fifty (50) feet. He noted this is a reduction of ten (10) feet from what is
currently prohibited by the Zoning Ordinance. Mr. Ruddy reported the County Attorney has reviewed the
revised proffer statement and it is in the proper legal form.
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Minutes of February 18, 2015
Mr. Ruddy presented two exhibits provided by the Applicant for review. The first exhibit
is a cross section which shows the proposed buffer location, the existing single and two story residential
homes, and a potential hotel/office building. The second exhibit provided is a photograph that shows the
existing property for which the rezoning is being requested and the residential land uses at the rear of the
property. Commissioner Thomas referred to the sketch provided by the Applicant and voiced concern
with the height of a building on this property due to the current elevation of the land compared to the
residential neighborhood located directly behind it. Commissioner Unger also expressed concern with the
height of a building on the property and does not feel the exhibits provided adequately address this issue.
Commissioner Thomas explained he cannot support this application without more
significant proffers. Expressed by Commissioner Mohn, the B2 (General Business) zoning is more
suitable for a larger area and this site is too small.
Commissioner Thomas made a motion to recommend denial of this rezoning to the Board
of Supervisors. This motion was seconded by Commissioner Dunlap and passed by a unanimous vote.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously deny approval
of Rezoning #0514 CB Ventures, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of
property from B1 (Neighborhood Business) District to B2 (General Business)District with proffers. The
property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification
Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District.
(Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting.)
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INFORMATIONAL/DISCUSSION ITEM:
Farm Breweries – discussion on revisions to the Zoning Ordinance to include farm breweries with
farm wineries, consistent with the State Code.
No Action Required
Senior Planner, Candice E. Perkins reported in 2009 Frederick County adopted standards
for farm wineries per the requirements of a state code change. She explained an amendment was
presented to include farm wineries as a permitted use in the RA (Rural Areas) District. Ms. Perkins noted
in 2014 a revision to the state code was approved to include farm breweries as a use in the RA (Rural
Areas) District.
Ms. Perkins explained the amendment proposed is intended to enhance the farm wineries
text to include farm breweries as a permitted use in the RA (Rural Areas) District and the inclusion of a
definition. The revisions have been endorsed by the DRRC. Ms. Perkins noted there are provisions for
tastings, sales, preparation of food, and special events. She also noted there is a revision to the site plan
requirements and to the maximum number of people permitted at the special events. Ms. Perkins
explained the current ordinance requires site plans for all farm wineries and this ordinance has been
scaled back to an as needed basis rather than a requirement.
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Minutes of February 18, 2015
Commissioner Oates asked if distilleries for corn and potato producers would be added as
discussed at the DRRC meeting. Ms. Perkins replied this option is being researched. Commissioner
Mohn inquired what circumstances would differentiate between a brewery that would require a site plan
and one that would not. Ms. Perkins replied staff would rely on the scale and size of the brewery to
determine if a site plan is necessary. She noted this would be determined on a case by ca se basis.
Commissioner Thomas inquired what is considered a special event. Ms. Perkins responded a festival or
something of that nature.
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R4 District Permitted Uses – discussion on revisions to the Zoning Ordinance to include the OM
District in the permitted uses in the R4 District.
No Action Required
Senior Planner, Candice E. Perkins reported this is a minor revision to include the OM
(Office-Manufacturing Park) District in the R4 (Rural Areas) District allowed uses. Ms. Perkins
explained currently the R4 (Rural Areas) District allows RP, B1, B2, B3, and M1 uses. Ms. Perkins noted
the DRRC reviewed and endorsed the proposed changes at the January 2015 meeting.
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Permeable Pavers – discussion on revisions to the Zoning Ordinance to include the use of
permeable pavers for parking lots.
No Action Required
Senior Planner, Candice E. Perkins reported this is a minor ordinance amendment to
include permeable pavers in the list of allowable surface materials for parking lots. Ms. Perkins explained
currently the ordinance only allows the permeable pavers to be used in overflow parking areas. Ms.
Perkins noted this request is in due to new storm water regulations and the need for additional options .
She explained this request moves permeable pavers from the overflow areas to the permitted use section
to allow for general use. Ms. Perkins reported the DRRC reviewed and endorsed the change at the
January 2015 meeting.
Commissioner Thomas inquired if a strength analysis is still required for the pavement.
Ms. Perkins responded an engineer would still be needed and plans submitted. Commissioner Oates
elaborated under the new ordinance it would be inspected every two years. Commissioner Unger asked
Commissioner Oates what happens when cracks in the pavement fill up with dirt and sediment.
Commissioner Oates replied there is maintenance schedule on the site plan that should cover this.
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Minutes of February 18, 2015
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner Thomas to
adjourn the meeting. This motion was seconded by Commissioner Molden and unanimously passed. The
meeting adjourned at 8:10 p.m.
Respectfully submitted,
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June Wilmot, Chairman
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Eric R. Lawrence, Secretary
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Gold Orchard Road (Route 708)Road Abandonment
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