PC 10-21-15 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
October 21, 2015
7:00 P.M. CALL TO ORDER TAB
1) Committee Reports .................................................................................................. (no tab)
2) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
3) Conditional Use Permit #03-15 for Gary Rogers Arghyris, for cottage occupation (sale of
sheds). The property is located at 1518 Fairfax Pike, White Post, Virginia. The property is
identified with Property Identification Number 87-A-12D in the Opequon Magisterial
District.
Mr. Cheran ....................................................................................................................... (A)
4) Rezoning #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe, Inc.,
to rezone 20 acres of property from RA (Rural Areas) District to M2 (Industrial General)
District with proffers. The property is located on the southern side of Route 669 (Woodbine
Road) about 2000’ east of Route 11 and adjacent to the Winchester & Western Railroad and
is identified by Property Identification Number 34-A-6D in the Stonewall Magisterial
District.
Mr. Ruddy ........................................................................................................................ (B)
5) Rezoning #08-15 McCANN OFFICE PARK, submitted by GreyWolfe, Inc., to rezone
154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with
proffers, 6.180 acres from RA (Rural Areas) District to B2 (General Business) District,
11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 93.246
acres from RA (Rural Areas) District to OM (Office-Manufacturing Park) District with
proffers. The property is located on the southeastern side of Martinsburg Pike (Route 11)
and Old Charlestown Road (Route 761) and is identified by Property Identification Numbers
44-A-25A, 44-A-25B and 44-A-40 in the Stonewall Magisterial District.
Mr. Ruddy ........................................................................................................................ (C)
6) Rezoning #09-15 ARTILLERY BUSINESS CENTER submitted by Pennoni Associates,
to revise proffers associated with Rezoning #07-08. This revision relates specifically to the
transportation proffers. The properties are located east and adjacent to Shady Elm Road
approximately 4,500 feet south of the intersection of Shady Elm Road and Apple Valley
Drive. The properties are identified with Property Identification Numbers 75-A-1 and 75-A-
1F in the Back Creek Magisterial District.
Mr. Bishop ....................................................................................................................... (D)
2
7) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning,
ARTICLE IVAGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401 – RA
Rural Areas District§165-401.03 Conditional Uses. ARTICLE II Supplementary Use
Regulations, Parking Buffers, and Regulations for Specific Uses. Part 204-Additional
Regulations for Specifics Uses, §165-204.18 Storage facilities, self-service. Revision to
the Frederick County Zoning Ordinance to include the self-storage facilities as a conditional
use in the RA (Rural Areas) Zoning District.
Ms. Perkins ..................................................................................................................... (E)
8) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning,
ARTICLE X BOARD OF ZONING APPEALS; Part 1001 - Board of Zoning Appeals
§165-1001.02Appointment; organization; terms. §165-1001.02 Powers and duties.
ARTICLE 1 GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE
PERMITS; Part 101 – General Provisions §165-101.02 Definitions and word usage.
Revision to the Frederick County Zoning Ordinance to revise and update the variance
requirements per the Code of Virginia.
Ms. Perkins ..................................................................................................................... (F)
9) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning,
ARTICLE IVARGRICULTURAL AND RESIDENTIAL DISTRICT; Part 401 – RA
Rural Areas District, §165-401.07 Setback requirements. Revision to the Frederick County
Zoning Ordinance to revise the setback from parcels within Agricultural and Forestal Districts
in the RA (Rural Areas) District.
Ms. Perkins ..................................................................................................................... (G)
10) Other
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
CONDITIONAL USE PERMIT #03-15
GARY ROGERS ARGHYRIS
Staff Report for the Planning Commission
Prepared: September 28, 2015
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: 10/21/15 Pending
Board of Supervisors: 11/12/15 Pending
EXECUTIVE SUMMARY:
This is a request by Gary Roger Arghyris for a Conditional Use Permit for a cottage occupation
(assembly and sale of sheds). Should the Planning Commission feels the cottage occupation (sale
of sheds) to be appropriate, staff recommends that the following conditions be attached to the
CUP.
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five (5) customers at any one time on site.
3. No more than seven (7) sheds for display or sale shall be allowed on the property. Such
sheds shall be kept in the rear of the property.
4. An illustrious sketch plan shall be submitted to and approved by Frederick County, and
all plan improvements shall be implemented prior to operating the business.
5. One business sign shall be allowed and shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet in height.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors
Page 2
CUP #03-15, Gary Rogers Arghyris
September 28, 2015
LOCATION: This property is located at 1518 Fairfax Pike, White Post, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87-A-12D
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: M-1 (Light Industrial) Use: Manufacturing Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Cottage Occupation for the assembly and sale of sheds.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 277, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Frederick County Inspections: Conditional Use request to use partial area of existing Garage
into F-Factory for assembling of wood items for resale/display. The area utilized shall comply
with The Virginia Uniform Statewide Building Code. Please submit a permit application for the
change of use area. Please include a floor plan of the garage an d a future floor plan of the
proposed layout. Accessible parking shall be provided per ANSI A117.1-09. Accessible route
from parking area/unloading to entrance shall be provided. Final inspection/approval with
certificate of occupancy shall be issued prior to new use of the facility.
Winchester-Frederick County Health Department: The Health Department has no objection
as long as there is no increase in water usage to the alternative discharge septic system.
Page 3
CUP #03-15, Gary Rogers Arghyris
September 28, 2015
Frederick County Sanitation Authority: No comments at this time.
Winchester Regional Airport: No comments.
City of Winchester: No comments
Planning and Zoning: This proposed Cottage Occupation will take place on an 11.29 +/- acre
parcel; surrounded by properties that are zoned RA and M-1. The definition for a cottage
occupation is an occupation or profession customarily carried on in a dwelling unit or an
accessory building, which:
A. Actually is carried on wholly within the principal residential building or an accessory
building or structure;
B. Is carried on by no more than one person other than members of the family residing
on the premises; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential
purposes.
The assembly of the sheds will take place in an existing garage approximately 1500 square feet
in size. Staff would note that there will be no new structures constructed as a part of this CUP.
The rear of the property will contain an outdoor display of finished sheds, and no more than
seven (7) sheds for display or sale on the property at any given time. Most of the customer base
for this proposed use will be internet based. However, there will be no more than five (5)
customers allowed on site at any one time to view or pick-up finished sheds. An illustrious
sketch plan of the property will be required with this CUP. This plan will show the area of the
property being utilized in conjunction with this CUP.
This property is not located within Urban Development Area (UDA) or Sewer and Water Service
Area (SWSA) as noted in the 2030 Comprehensive Policy Plan of Frederick County. However,
this property is located within the Southern Frederick County Long Range Land Use Plan. This
area of the County has been identified for future industrial uses.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
If the Planning Commission feels this cottage occupation for the assembly and sale of sheds to be
appropriate, staff recommends the following conditions be attached to the CUP.
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five (5) customers at any one time on site.
Page 4
CUP #03-15, Gary Rogers Arghyris
September 28, 2015
3. No more than seven (7) sheds for display or sale shall be allowed on the property.
Such sheds shall be kept in the rear of the property.
4. An illustrious sketch plan shall be submitted to and approved by Frederick County,
and all plan improvements shall be implemented prior to operating the business.
5. One business sign shall be allowed and shall conform to Cottage Occupation sign
requirements and shall not exceed four (4) square feet in size and five (5) feet in
height.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
1389FAIRFAXPIKE
280RIDINGS LN
1400FAIRFAXPIKE
173JOURNEYMAN LN
1487FAIRFAXPIKE
1475FAIRFAXPIKE
1465FAIRFAXPIKE
1457FAIRFAXPIKE
1445FAIRFAXPIKE
1415FAIRFAXPIKE
1436FAIRFAXPIKE
201RIDINGS LN
1532FAIRFAXPIKE
109APPRENTICE LN
214APPRENTICE LN
1555FAIRFAXPIKE
1553FAIRFAXPIKE
127APPRENTICE LN
127APPRENTICE LN
107APPRENTICE LN
107APPRENTICE LN
1588FAIRFAXPIKE
160JOURNEYMAN LN
1450FAIRFAXPIKE
1500FAIRFAXPIKE
JOU
R
N
E
Y
M
A
N
L
N
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 28, 2015Staff: mcheran
FAIRFAX PIKE
01277
CUP # 03 - 15Gary ArghyrisPIN:87 - A - 12DSale of Sheds
0 250 500125 Feet
CUP 03-15
CUP # 03 - 15Gary ArghyrisPIN:87 - A - 12DSale of Sheds
87 A 12D
01277
1389FAIRFAXPIKE
280RIDINGS LN
1400FAIRFAXPIKE
173JOURNEYMAN LN
1487FAIRFAXPIKE
1475FAIRFAXPIKE
1465FAIRFAXPIKE
1457FAIRFAXPIKE
1445FAIRFAXPIKE
1415FAIRFAXPIKE
1436FAIRFAXPIKE
201RIDINGS LN
1532FAIRFAXPIKE
109APPRENTICE LN
214APPRENTICE LN
1555FAIRFAXPIKE
1553FAIRFAXPIKE
127APPRENTICE LN
127APPRENTICE LN
107APPRENTICE LN
107APPRENTICE LN
1588FAIRFAXPIKE
160JOURNEYMAN LN
1450FAIRFAXPIKE
1500FAIRFAXPIKE
JOU
R
N
E
Y
M
A
N
L
N
Applications
Parcels
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 28, 2015Staff: mcheran
FAIRFAX PIKE
01277
CUP # 03 - 15Gary ArghyrisPIN:87 - A - 12DSale of Sheds
0 250 500125 Feet
CUP 03-15
CUP # 03 - 15Gary ArghyrisPIN:87 - A - 12DSale of Sheds
87 A 12D
01277
B
REZONING APPLICATION #07-15
WOODSIDE LAND COMPANY, LLC
Staff Report for the Planning Commission
Prepared: October 6, 2015
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 11/12/15 Pending
PROPOSAL: To rezone 20.00 acres from the RA (Rural Areas) District to M2 (Industrial General)
District with proffers.
LOCATION: The property is located on the southern side of Route 669 about 2000’ east of Route 11
and adjacent to the Winchester & Western Railroad.
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 20 acres of land from the RA (Rural Areas) District to the M2
(Industrial General) District with proffers to accommodate industrial uses. The property is located
within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use
designation for this property is consistent with the current industrial land use supported by the 2030
Comprehensive Plan.
With this rezoning, the applicant has proffered that this project will contribute to transportation
improvements in the vicinity of the property. However, no improvements have been identified. In
addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a
standard that would support an industrial development of this intensity without some significant
improvements. The Applicants approach is to provide cash contribution in the amount of $0.75 per
square foot of building. It does not appear as though the potential transportation impacts associated with
this request have been adequately addressed by the Applicant. The application has identified an
opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by
providing an easement for a well if one is determined to be viable.
The Planning Commission should determine if the approach to addressing the transportation component
of the application is acceptable, and the amount of the potential proffer, is appropriate.
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 #07-15 Woodside Land Company, LLC
October 6, 2015
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 11/12/15 Pending
PROPOSAL: To rezone 20.00 acres from the RA (Rural Areas) District to M2 (Industrial General)
District with proffers.
LOCATION: The property is located on the southern side of Route 669 about 2000’ east of Route 11
and adjacent to the Winchester & Western Railroad.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 34-A-6D
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Agriculture
East: RA (Rural Areas) Use: Agriculture
West: M1 (Light Industrial) Use: Industrial
Rezoning #07-15 Woodside Land Company, LLC
October 6, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached letter dated July 31, 2015.
Frederick County Fire Marshal: Plans approved.
Public Works Department: Impact Statement: We concur with the applicant’s reference to the
proposed development meeting with the County’s and the Commonwealth’s specifications related to
road design and stormwater management. We anticipate that the development will also require
upgrading Route 669, (Woodbine Road), to accommodate the proposed industrial traffic as well as
stormwater runoff. The existing road has a gravel surface and a low water crossing at its intersection
with Duncan Run.
We will grant our approval of the proposed rezoning with the understanding that the above comment
will be considered in the design of the future industrial park.
Frederick County Sanitation Authority: Please see attached letter from Uwe E. Weindel, PE, dated
June 29, 2015.
Frederick –Winchester Service Authority: No Comment.
Frederick County Park & Recreation: Parks and Recreation has no comments regarding the
proposed rezoning.
Winchester Regional Airport: No impact to airport operations.
Frederick County Public School: We have reviewed the above-referenced application. We offer no
comments.
Frederick County Attorney: Please see attached letter from Rod Williams, dated July 14, 2015.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning for the subject parcel as A-2 (Agricultural General) District. The County’s agricultural
zoning districts were combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District.
Rezoning #07-15 Woodside Land Company, LLC
October 6, 2015
Page 4
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Land Use.
The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on
the future development of the property. The property is located within the (Sewer and Water
Service Area (SWSA)). The 2030 Comprehensive Plan identifies the general area surrounding
this property with an industrial land use designation. In general, the proposed industrial land use
designation for this property is consistent with the current land use supported by the
Comprehensive Plan which continues to promote industrial and commercial land uses in this
area of the Northeast Frederick Land Use Plan.
3) Potential Impacts
Site Access and Transportation.
The County’s Eastern Road Plan identifies a major collector road in the immediate vicinity of
this property. Route 669 is anticipated to extend from its current alignment to the east, through
the adjacent property, providing improved access to this area of industrial development.
The traffic from this project would ultimately access the Route 11/Route 669/Interstate 81 area.
This is an area that includes identified improvements to the County’s road system including an
improved major collector road, Route 669, an improved major arterial road, Route 11, and a
new collector road through the Sempeles property. Some improvements in this area are
anticipated to be completed by others through current and future rezoning applications.
Access to the site is proposed to be via a single entrance onto Route 669. This application
proposes no improvements to the County’s road system in support of this request. Alternately,
the request provides for a monetary contribution for transportation improvements. This cash
contribution is in the amount of $0.75 per building square foot, payable at the time of the
building permit application. Based on the proposed cap of 102,500 square feet of building
development, a maximum transportation contribution of $76,875 may be generated by this
rezoning request. The per square foot amount is comparable to the cash component of recent
similar rezonings with a cash proffer amount. However, these rezonings were also doing
additional improvements to offset their impacts and gain site access. For example the BPG
rezoning was also doing frontage improvements and participating in a potential future signal
and the Blackburn rezoning had to do significant berming along their Apple Valley Road
frontage as well as bear the costs of connecting to Dawson Drive in order to provide additional
access to the property.
Rezoning #07-15 Woodside Land Company, LLC
October 6, 2015
Page 5
If the proposed monetary contribution is to be considered an acceptable alternative to the actual
construction of physical improvements, it should be determined if the amount and timing of the
contribution is sufficient given the potential use of the property. Unlike other recent rezoning
applications, there does not appear to be an identified transportation improvement project in the
vicinity of this project that is active and would be a good location for these funds to be allocated
towards. Potential issues in the immediate vicinity include the railroad crossing and the
alignment of Woodside Road, both of which are unaddressed in this rezoning. Additionally,
there are a number of improvements in the area, such as the connection from Woodside to Route
11 at the Rest Church Road intersection that are in the comprehensive plan specifically to
address future truck traffic in this area. While that specific improvement is already proffered,
this rezoning does not address potential improvements needed to the intersection of Woodside
and Route 11 if this property should develop ahead of that proffered condition.
The transportation impacts associated with this industrial land use should also be discussed
further. In particular, with regards to the potential industrial land use that may be developed on
the site. A cap of 102,500 square feet of building floor area is proposed. What impacts are
associated with this amount of development, and what impacts would occur should this cap be
exceeded. No particular land use has been proffered which could lead to a large variety in traffic
impacts depending on the particular use. General Business Office use has a more intensive trip
count than other industrial uses (Frederick County Rezoning Application). Other industrial uses
may have a greater physical impact on the transportation network given the potential truck
traffic. These factors are an important consideration not only in the vicinity of this site, but
further along the transportation network at identified bottlenecks.
Transportation improvements to Route 669, Woodbine Road, are anticipated in the future.
Therefore, it is important that the right-of-way needs for the future improvements to Route 669
are accommodated, and that the application provides some contribution to transportation
improvements resulting from the impacts of this new development. Those impacts should
include those offsite improvements warranted by the development that may be farther away
from the property. Frontage improvements in the immediate vicinity of this site should be
addressed by the actual development of this site the width of the existing right-of-way and the
width of future expansion, beyond the previously identified hatch area, that would be necessary
for improvements to Route 669 have not been identified. Dedication of any right-of-way should
be included. At this time, no frontage improvements are proposed and no right-of-way
dedication is provided.
A more thorough evaluation of the existing road conditions in the immediate vicinity of this
project should occur. It appears as though it is a rural paved section with limited width, acute
turns, and a low water drainage structure/bridge over Duncan Run. To what extent would future
improvements, presumably by others, impact the Duncan Run floodplain? This request should
also include an evaluation of the existing railroad crossing at the northwestern limits of the
property to determine its capacity to accommodate industrial traffic.
Rezoning #07-15 Woodside Land Company, LLC
October 6, 2015
Page 6
Environment.
The site contains a considerable amount of environmental features, including most significantly,
Duncan Run and its associated floodplain and wetlands. Therefore, the northwestern a portion
of the site would be deemed to be undevelopable. Previously this area was identified as a
hatched area on the Generalized Development Plan denoting a conservation area for storm water
management. Improvements in this area are undesirable given the potential environmental
impacts. The majority of the property however, contains no environmental features and would
be ideal for industrial development.
The Applicant evaluated if expanded water and sewer infrastructure in this general area is
needed and if so, whether this property would be able to contribute to those infrastructure needs.
This could be done in conjunction with the Frederick County Sanitation Authority (FCSA).
Consideration should include the future needs of properties planned for industrial to the east. To
that end, the Applicant has proffered an easement for a production well for public use, 100’ x
100’ in size as shown on the GDP. This proffer contains a sunset clause of December 31, 2018
if the well is not determined to be viable by the Frederick County Sanitation Authority by that
time.
Historical.
The Impact Analysis identified that there are historical impacts associated with this application.
Two historical structures are located within the vicinity of the proposed rezoning, both were
identified as potentially historically significant. The structures are Sarsaparilla Springs (#34-
0156) and Woodside (#34-0731). The HRAB reviewed this application at their September 15,
2015, meeting and had no recommendation to forward to the Planning Commission, stating that
alterations had been made to the identified structures making them ineligible for the State
registry.
4) Proffer Statement
A) Allowed Uses:
No restriction on land uses is proposed. All uses within the M2 (Industrial General)
District would be permitted. It is noted that this is the most intensive of the County’s
zoning districts.
B) Access Management and Transportation:
The site is proffered to have one access point onto Route 669, as shown on the
Generalized Development Plan.
A cash contribution in the amount of $0.75 per building square foot is proffered for
transportation improvements.
No other transportation related proffers are offered.
Rezoning #07-15 Woodside Land Company, LLC
October 6, 2015
Page 7
C) Site Development:
The Applicant has proffered that the total building floor area shall not exceed 102,500
square feet. This number is consistent with the amount of industrial development the
Applicant modelled in their TIA.
The Applicant has proffered an easement for a production well for public use, 100’ x
100’ in size as shown on the GDP. This proffer contains a sunset clause of December
31, 2018 if the well is not determined to be viable by the Frederick County Sanitation
Authority by that time.
D) Mitigating the Impact of Development:
In addition to the above mentioned cash contribution for transportation improvements,
the Applicant has proffered a cash contribution to Frederick County for Fire and Rescue
purposes in the amount of $0.10 per building square foot.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 20 acres of land from the RA (Rural Areas) District to the M2
(General Industrial) District with proffers to accommodate industrial uses. The property is located
within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use
designation for this property is consistent with the current industrial land use supported by the 2030
Comprehensive Plan.
With this rezoning, the applicant has proffered that this project will contribute to transportation
improvements in the vicinity of the property. However, no improvements have been identified. In
addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a
standard that would support an industrial development of this intensity without some significant
improvements. The Applicants approach is to provide cash contribution in the amount of $0.75 per
square foot of building. It does not appear as though the potential transportation impacts associated with
this request have been adequately addressed by the Applicant. The application has identified an
opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by
providing an easement for a well if one is determined to be viable.
The Planning Commission should determine if the approach to addressing the transportation component
of the application is acceptable, and the amount of the potential proffer, is appropriate. Any issues
brought forth by the Planning Commission should be appropriately addressed by the applicant.
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.
ST669
280WOODBINE RD 2973WOODSIDE RD
276WOODBINE RD
331WOODBINE RD
184WOODBINE RD
200WOODBINE RD
208WOODBINE RD
281WOODBINE RD
281WOODBINE RD
3191WOODSIDE RD
WOODBINE RD
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 29, 2015Staff: mruddy
WOODBINE RD
MA
R
T
I
N
S
B
U
R
G
P
I
K
E
WOOD
S
I
D
E
R
D
0111
REZ # 07 - 15Woodside Land CompanyPIN:34 - A - 6DRezoning from RA to M2
0 400 800200 Feet
REZ 07-15
REZ # 07 - 15Woodside Land CompanyPIN:34 - A - 6DRezoning from RA to M2
34 A 6D
281WOODBINE RD
ST669
280WOODBINE RD 2973WOODSIDE RD
276WOODBINE RD
331WOODBINE RD
184WOODBINE RD
200WOODBINE RD
208WOODBINE RD
281WOODBINE RD
281WOODBINE RD
3191WOODSIDE RD
WOODBINE RD
Applications
Parcels
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 29, 2015Staff: mruddy
WOODBINE RD
MA
R
T
I
N
S
B
U
R
G
P
I
K
E
WOOD
S
I
D
E
R
D
0111
REZ # 07 - 15Woodside Land CompanyPIN:34 - A - 6DRezoning from RA to M2
0 400 800200 Feet
REZ 07-15
REZ # 07 - 15Woodside Land CompanyPIN:34 - A - 6DRezoning from RA to M2
34 A 6D
281WOODBINE RD
C
REZONING APPLICATION #08-15
McCANN OFFICE PARK
Staff Report for the Planning Commission
Prepared: October 6, 2015
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 11/12/15 Pending
PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural
Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District,
11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 acres from RA
(Rural Areas) District to OM (Office-Manufacturing Park) District with proffers.
LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old
Charlestown Road (Route 761).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas)
to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business)
District, 11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 acres
from RA (Rural Areas) District to OM (Office-Manufacturing Park) District with proffers. The
property is located within the Sewer and Water Service Area (SWSA). The proposed land use
designations for this property are consistent with the current land use supported by the 2030
Comprehensive Plan.
From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA
as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of-
way. Staff believes this sufficiently offsets the potential traffic impacts of the development.
Issues and impacts associated with the environmental and historical resources on this property appear to
have been adequately addressed by the Applicant.
The Planning Commission should determine if the approach to addressing the transportation component
of the application is acceptable.
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 #08-15 McCann Office Park
October 6, 2015
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 11/12/15 Pending
PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural
Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District,
11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 acres from RA
(Rural Areas) District to OM (Office-Manufacturing Park) District with proffers.
LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old
Charlestown Road (Route 761).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 44-A-25A, 44-A-25B, 44-A-40
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant/Agriculture
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant/Agriculture
West: RP (Residential Performance) Use: Residential
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached letter dated September 11, 2015.
Public Works Department: We do not have any comments on the proposed rezoning. However, we
recommend that a wetland study and geological survey to locate potential sinkholes be performed prior
to submittal of the master development plan.
Frederick County Sanitation Authority: Please see attached letter from Uwe E. Weindel, PE, dated
March 20, 2015.
Frederick-Winchester Service Authority: No comments.
Frederick County Public Schools: No comments.
Frederick County Department of Parks & Recreation: Parks and Recreation would like to see
language added to address the following proffer items: a. ii. / d. I, ii: An indication that the McCanns
Lane gate at the Cul de Sac will be of a type to allow bike and pedestrian trail users to pass, and include
a marked crossing of the proposed interior road.
d. iii: An indication of the timing this trail segment will be built.
Other than the requested changes, Parks and Recreation supports the proposed trail network and open
space proffers.
Frederick County Attorney: Please see attached letter from Rod Williams, dated May 11, 2015.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning for the subject parcel as A-2 (Agricultural General) District. The County’s agricultural
zoning districts were combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District.
In 2015, a Boundary Line Adjustment Plat was approved that incorporated three acres from this
property into the Hiatt Run Condominium property. As the Planning Commission and Board of
Supervisors is aware, Master Development Plan MPD #04-15, the Hiatt Run Condominiums
Master Development Plan, was approved by the County that enabled the development of 120
units contained within eight garden apartment buildings on the Hiatt Run property. A rezoning
for the three acres that was adjusted from this property is currently under review.
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 4
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
Land Use.
The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on
the future development of the property. The property is located within the SWSA. The 2030
Comprehensive Plan identifies this property with an OM (Office Manufacturing) land use
designation and a DSA (Developmentally Sensitive Area) land use designation. This was a
balanced approach to the land use in this area that enabled development and protected the
environmental and historic features of the site.
In general, the proposed office manufacturing zoning, supported by the small area of
commercial designation, and the light industrial zoning south of future Route 37, for this
property is consistent with the current land use supported by the Comprehensive Plan. The
remaining RA (Rural Area) zoning is generally consistent with the identified DSA.
In addition, the items that are described in the amendment to the Northeast Land Use Plan in
support of the land use designations appear to be appropriately addressed in this application.
Site Access and Transportation.
Primary access to the property will be via an improved McCanns Road and the intersection of
McCanns Road and Route 11. A secondary future access point will be provided from Old
Charlestown Road which will provide for a restricted right in, right out entrance which will be
installed in the future. It is important to recognize that this approach to accessing the property
was based on direction the Applicant received from VDOT during the review of this rezoning
application. McCanns Road will be improved for industrial traffic and a signalized intersection
will be provided at the intersection of McCanns Lane and Route 11.
The Applicant has made an effort to address the potential impacts of this rezoning request by
linking the vehicle trip count to the development of the property. The Average Daily Trips from
this site shall not exceed 6,713.
The County’s Eastern Road Plan identifies Route 37 traversing through this property. In
addition, Route 11 is identified as an improved arterial road and Route 761 is identified as an
improved major collector road.
Route 37 is appropriately addressed in this application. The right of way for future Route 37, a
400’ strip of land, is proposed to be dedicated to the County for future Route 37 across the
property within 60 days of a written request from Frederick County.
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 5
The Applicant has reserved a temporary access easement to the southern parcel that would be
extinguished in the future when other public access is provided to serve the southern 11.982
acres. The easement within the area to be dedicated should be recognized as it may present an
encumbrance in the dedication of the Route 37 right-of-way.
Environment.
Hiatt Run and its associated floodplains and wetlands traverse the north western portion of this
property. This developmentally sensitive area has been recognized in the application by being
placed in the area reserved as RA (Rural Areas) land and identified in the proffer statement as
open space.
History.
HRAB reviewed this application at their March 17, 2015 meeting and issued comments dated
March 18, 2015. The HRAB’s recommendation included; providing a pull off area to the
Shenandoah Valley Battlefields Association to provide for interpretive signage, that only one
freestanding sign be permitted at the park entrance off Old Charlestown Road identifying the
name of the park only, and that the split rail fence along Martinsburg Pike and Old Charlestown
Road is addressed.
The Applicant has addressed the preservation of the core historic areas associated directly with
the Stephensons Depot area by preserving this area as RA (Rural Ares) land and identifying it in
the proffer statement as open space. The split rail fence has not been included as the Applicant
states this will be in the large area dedicated to the County for future right-of-way and when
considering the distance from the road will not be visible. It is also the Applicants desire to
ensure the fence will be a wire fence for cattle.
3) Site Suitability/Environment
The application’s impact analysis should include more detail with regards to the suitability of
the site. It is customary to prepare exhibits that show the location of the various site constraints
or features such as the floodplains and wetlands. This information is important to the Planning
Commission and Board of Supervisors review of the application. It would also be used to reflect
the accuracy of the proposed zoning boundaries with regards to areas of development and
preservation. Including the historical context of this site would also be helpful and illustrate
support for the zoning delineation.
4) Potential Impacts
In addition to addressing the transportation impacts, the Applicant has addressed other potential
impacts as follows. The Applicant has proffered a 10’ asphalt trail along the north side of
McCanns Road which will connect into the trail proffered with the adjacent Hiatt Run
Condominium project.
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 6
It has been pointed out that the Applicant could consider connecting the proposed trail to the
adjacent major development east along Old Charlestown Pike. Please clarify the internal 10’
trail loop adjacent to Old Charlestown Pike within the Proffer Statement. As a result of the
pending Hiatt Run Condominium rezoning application, the trail connections in this general area
may be adequately addressed.
Consider the split rail fence proffer internal to the project, especially in the area where the
internal road traverses the DSA in the northern portion of the project.
5) Proffer Statement Dated March 6, 2015 (revised August 27, 2015)
A) Allowed Uses:
No restriction on land uses is proposed. All uses within the zoning districts requested,
OM, B2, M1, and RA would be permitted. It is noted that the RA (Rural Areas) portion
of the property outside of the dedicated right- of-way is identified as open space and will
not be developed.
B) Access Management and Transportation:
The site is proffered to have primary access from McCanns Road onto Route 11 and a
secondary access controlled to a right in, right out entrance on Route 761.
As part of this program, the Applicant has proffered:
signalization at Route 11 and McCanns Road,
turn lanes on Route 11 north,
turning lanes on McCanns Road,
improvements to McCanns Road to a point 500’ west of the CSX
Railroad Bridge from where all entrances to the commercial and
industrial development will be located (paved with a heavy traffic cross
section per VDOT standards)..
The Applicant has proffered a considerable amount of right-of-way dedication to the
State and the County in support of future road improvements in the area. The dedication
is consistent with what is needed in this area.
Most significant of the transportation proffers is the dedication of a 400’ strip of land for
future Route 37 across the property within 60 days of a written request from Frederick
County. The Applicant has reserved a temporary access easement to the southern parcel
that would be extinguished in the future when other public access is provided to serve
the southern 11.982 acres.
No additional transportation proffers or cash contributions for transportation
improvements are offered with this request.
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 7
C) Site Development:
The Applicant has proffered that the total vehicle trips shall not exceed 6,713 vehicle
trips per day as a result of the site development. This number is consistent with the
amount of industrial and commercial development the Applicant modelled in their TIA.
The Applicant has proffered a 10’ asphalt trail along the north side of McCanns Road
which will connect into the trail proffered with the adjacent Hiatt Run Condominium
project.
The Applicant has proffered a single monument style sign at the intersection of
McCanns Road and Route 11 that would appear to be consistent with the requirements
of the County’s Sign Ordinance. The Applicant should further clarify if the signage
proffer is intended to restrict signs throughout the rest of the property. In addition, a sign
in this location would only be permitted if it was located on the property of the
development and not off-premise. This should be addressed further by the Applicant.
The County should not accept a proffer that is in conflict with current Ordinance
requirements.
In an effort to address the historical component of this request and the desire to provide
access to the trail system and historical areas of the site, the Applicant has proffered to
provide an additional ten (10) parking spaces beyond current requirements in the B2
area to be used for visitor parking. In addition, a 10’ by 10’ area nearby will be proffered
for a historical marker. This marker would be provided by others.
The 27.435 acres of the property that has been set aside as an open space buffer and
remains RA (Rural Areas) is consistent with the environmental and historical areas
recognized in the Comprehensive Plan on this property. This proffer provides visitors
with access and interpretation to the recreational and historical components of this site.
D) Mitigating the Impact of Development:
The Applicant has proffered a cash contribution to Frederick County for Fire and Rescue
purposes in the amount of $10 per building square foot.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas)
to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business)
District, 11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 acres
from RA (Rural Areas) District to OM (Office-Manufacturing Park) District with proffers. The
property is located within the Sewer and Water Service Area (SWSA). The proposed land use
Rezoning #08-15 McCann Office Park
October 6, 2015
Page 8
designations for this property are consistent with the current land use supported by the 2030
Comprehensive Plan.
From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA
as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of-
way. Staff believes this sufficiently offsets the potential traffic impacts of the development.
Issues and impacts associated with the environmental and historical resources on this property appear to
have been adequately addressed by the Applicant.
The Planning Commission should determine if the approach to addressing the transportation component
of the application is acceptable.
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.
SNOWDENBRIDGESubdivision
RUTHERFORDSFARMSubdivision
MILBURNSUBDIVISIONSubdivision
CARROLLINDUSTRIAL PARKSubdivision
EASY LIVING MOBILEHOME PARKSubdivision
0111
§¨¦81
220EZRA LN
361MILBURN RD 361MILBURN RD
361MILBURN RD
562MILBURN RD
562MILBURN RD
1912MARTINSBURGPIKE
185NULTON LN201NULTON LN
163NULTON LN
1952MARTINSBURGPIKE
1974MARTINSBURGPIKE
1962MARTINSBURGPIKE
2010MARTINSBURGPIKE
1957MARTINSBURGPIKE
1985MARTINSBURGPIKE
2002MARTINSBURGPIKE
1984MARTINSBURGPIKE
2040MARTINSBURGPIKE
386MILBURN RD
386MILBURN RD
386MILBURN RD1995MARTINSBURGPIKE
2024MARTINSBURGPIKE2014MARTINSBURGPIKE
430MARKET ST
430MARKET ST
2045MARTINSBURGPIKE 2060MARTINSBURGPIKE
142MCCANNS RD
2073MARTINSBURGPIKE
2061MARTINSBURGPIKE 2088MARTINSBURGPIKE
2118MARTINSBURGPIKE 2110MARTINSBURGPIKE
2077MARTINSBURGPIKE
2099MARTINSBURGPIKE
2109MARTINSBURGPIKE 2126MARTINSBURGPIKE
2142MARTINSBURGPIKE2142MARTINSBURGPIKE
2075MARTINSBURGPIKE
2123MARTINSBURGPIKE 2135MARTINSBURGPIKE
102MCCANNS RD
207EBERT RD
2157MARTINSBURGPIKE
2239MARTINSBURGPIKE
195EBERT RD 2251MARTINSBURGPIKE
2259MARTINSBURGPIKE
2279MARTINSBURGPIKE2269MARTINSBURGPIKE
116EBERT RD
2359MARTINSBURGPIKE
114EBERT RD
203OLD CHARLESTOWN 293OLD CHARLESTOWN
315OLD CHARLESTOWN
327OLDCHARLES TOWN345OLDCHARLES TOWN
337OLD CHARLESTOWN
283EBERT RD 2379MARTINSBURGPIKE
140JIREHLANE
210EBERT RD
2482MARTINSBURGPIKE
300EBERT RD 115JIREH LN
2455MARTINSBURGPIKE
2492MARTINSBURGPIKE
2518MARTINSBURGPIKE
2546MARTINSBURGPIKE
2596MARTINSBURGPIKE
2489MARTINSBURGPIKE2459MARTINSBURGPIKE
226STEPHENSON RD
2527MARTINSBURGPIKE 2562MARTINSBURGPIKE
2648MARTINSBURGPIKE
2543MARTINSBURGPIKE 2592MARTINSBURGPIKEJEN
K
I
N
S
LOO
P
WILL
A
R
D
ST
JIRE
H
L
N
EAS
YLIVI
N
G
S
T
MILT
O
N
RAY
D
R
S
N
O
W
D
E
N
B
R
I
D
G
E
B
L
V
D
EBE
R
T
R
D
OLD CHARLESTOWN RD
MARTI
N
S
B
U
R
G
PIKE
MIL
B
U
R
N
R
D
MCC
A
N
N
S
R
D
Applications
Parcels
Building Footprints
Future Rt 37 Bypass
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: September 29, 2015Staff: mruddy
Stephenson
MART
I
N
S
B
U
R
G
P
I
K
E
MILB
U
R
N
R
D
EBERT
R
D
MCCA
N
N
S
R
D
OLD CHARLES TOWN
R
D
0111
REZ # 08 - 15McCann Office ParkPINs:44 - A - 25A, 44 - A - 25B, 44 - A - 40Rezoning from RA to RA with Proffers,B2, M1, and OM with Proffers
0 950 1,900475 Feet
REZ 08-15
REZ # 08 - 15McCann Office ParkPINs:44 - A - 25A, 44 - A - 25B, 44 - A - 40Rezoning from RA to RA with Proffers,B2, M1, and OM with Proffers
44 A 25A
44 A 25B
44 A 40
REZ 08-15
REZ 08-15
§¨¦81
SNOWDENBRIDGESubdivision
RUTHERFORDSFARMSubdivision
MILBURNSUBDIVISIONSubdivision
CARROLLINDUSTRIAL PARKSubdivision
EASY LIVING MOBILEHOME PARKSubdivision
0111
§¨¦81
220EZRA LN
361MILBURN RD 361MILBURN RD
361MILBURN RD
562MILBURN RD
562MILBURN RD
1912MARTINSBURGPIKE
185NULTON LN201NULTON LN
163NULTON LN
1952MARTINSBURGPIKE
1974MARTINSBURGPIKE
1962MARTINSBURGPIKE
2010MARTINSBURGPIKE
1957MARTINSBURGPIKE
1985MARTINSBURGPIKE
2002MARTINSBURGPIKE
1984MARTINSBURGPIKE
2040MARTINSBURGPIKE
386MILBURN RD
386MILBURN RD
386MILBURN RD1995MARTINSBURGPIKE
2024MARTINSBURGPIKE2014MARTINSBURGPIKE
430MARKET ST
430MARKET ST
2045MARTINSBURGPIKE 2060MARTINSBURGPIKE
142MCCANNS RD
2073MARTINSBURGPIKE
2061MARTINSBURGPIKE 2088MARTINSBURGPIKE
2118MARTINSBURGPIKE 2110MARTINSBURGPIKE
2077MARTINSBURGPIKE
2099MARTINSBURGPIKE
2109MARTINSBURGPIKE 2126MARTINSBURGPIKE
2142MARTINSBURGPIKE2142MARTINSBURGPIKE
2075MARTINSBURGPIKE
2123MARTINSBURGPIKE 2135MARTINSBURGPIKE
102MCCANNS RD
207EBERT RD
2157MARTINSBURGPIKE
2239MARTINSBURGPIKE
195EBERT RD 2251MARTINSBURGPIKE
2259MARTINSBURGPIKE
2279MARTINSBURGPIKE2269MARTINSBURGPIKE
116EBERT RD
2359MARTINSBURGPIKE
114EBERT RD
203OLD CHARLESTOWN 293OLD CHARLESTOWN
315OLD CHARLESTOWN
327OLDCHARLES TOWN345OLDCHARLES TOWN
337OLD CHARLESTOWN
283EBERT RD 2379MARTINSBURGPIKE
140JIREHLANE
210EBERT RD
2482MARTINSBURGPIKE
300EBERT RD 115JIREH LN
2455MARTINSBURGPIKE
2492MARTINSBURGPIKE
2518MARTINSBURGPIKE
2546MARTINSBURGPIKE
2596MARTINSBURGPIKE
2489MARTINSBURGPIKE2459MARTINSBURGPIKE
226STEPHENSON RD
2527MARTINSBURGPIKE 2562MARTINSBURGPIKE
2648MARTINSBURGPIKE
2543MARTINSBURGPIKE 2592MARTINSBURGPIKEJEN
K
I
N
S
LOO
P
WILL
A
R
D
ST
JIRE
H
L
N
EAS
YLIVI
N
G
S
T
MILT
O
N
RAY
D
R
S
N
O
W
D
E
N
B
R
I
D
G
E
B
L
V
D
EBE
R
T
R
D
OLD CHARLESTOWN RD
MARTI
N
S
B
U
R
G
PIKE
MIL
B
U
R
N
R
D
MCC
A
N
N
S
R
D
Applications
Parcels
Building Footprints
Future Rt 37 Bypass
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 29, 2015Staff: mruddy
Stephenson
MART
I
N
S
B
U
R
G
P
I
K
E
MILB
U
R
N
R
D
EBERT
R
D
MCCA
N
N
S
R
D
OLD CHARLES TOWN
R
D
0111
REZ # 08 - 15McCann Office ParkPINs:44 - A - 25A, 44 - A - 25B, 44 - A - 40Rezoning from RA to RA with Proffers,B2, M1, and OM with Proffers
0 950 1,900475 Feet
REZ 08-15
REZ # 08 - 15McCann Office ParkPINs:44 - A - 25A, 44 - A - 25B, 44 - A - 40Rezoning from RA to RA with Proffers,B2, M1, and OM with Proffers
44 A 25A
44 A 25B
44 A 40
REZ 08-15
REZ 08-15
§¨¦81
D
REZONING APPLICATION #09-15
Artillery Business Center – Proffer Ammendment
Staff Report for the Planning Commission
Prepared: October 13, 2015
Staff Contact: John A. Bishop, AICP, Deputy Director-Transportation
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 10/28/15 Pending
PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-1F. The
rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revisions address the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier’s Rest Lane.
STAFF CONCLUSIONS FOR THE 10/21/15 P LANNING COMMISSION MEETING:
This is an application to modify proffers on 57.6+/- acres of land currently zoned M1, (Light Industrial).
Please note that this report responds to the most recent proffer draft dated October 5, 2015. As of the
date of this report going to print a signed version of that proffer statement has not yet been received.
The proposed modified proffers replace transportation commitments for improvements to Shady
Elm Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68
with a commitment to participate in revenue sharing to complete Renaissance Drive from its
existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on
the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement
with the County.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
construction such as the right of way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
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 #09-15 Artillery Business Center
October 13, 2015
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/21/15 Pending
Board of Supervisors: 10/28/15 Pending
PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-1F. The
rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of
Rezoning Application #07-08. The proffer revision addresses the timing and commitments for
transportation proffers.
LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of
Shady Elm Drive (Rt. 651) and across from Soldier’s Rest Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75-A-1 and 75-A-1F
PROPERTY ZONING: M1 (Light Industrial)
PRESENT USE: Vacant/Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use: Industrial
South: RA (Rural Areas) Use: Agricultural
East: B3 (Industrial Transition) Use: Commercial/Vacant
West: RA (Rural Areas) Use: Agricultural
M1 (Light Industrial) Vacant
Rezoning #09-15 Artillery Business Center
October 13, 2015
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached communication dated October 13, 2015 and
September 25, 2015, from Lloyd A. Ingram, VDOT Land Development Engineer.
Frederick County Attorney: Please see attached letter dated September 28, 2015, from Roderick B.
Williams, County Attorney.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County’s agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. This property was rezoned with proffers to M1, (Light
Industrial) District, on February 13, 2008.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The Frederick County Comprehensive Policy 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.
[Comprehensive Policy Plan, p. 1-1]
Land Use
The property is located within the County’s Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial, and industrial development will occur. The Land Use Plan and the Eastern
Frederick County Long Range Land Use Plan designate this area for industrial land use. The
Plan recognizes the desire to provide for industrial uses along the CSX Railroad.
The application of quality design standards for future development is also an objective of the
Plan; in particular, along business corridors. These include landscaping, screening, and
controlling the number and size of signs.
Rezoning #09-15 Artillery Business Center
October 13, 2015
Page 4
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7-6).
The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be
improved to a major collector road. In addition, a new east and west major collector road
connecting Shady Elm Road to Route 11 is identified. The County’s Eastern Road Plan further
defines the appropriate typical section for these major collector roads as an urban divided four-
lane facility.
The Plan also states that proposed industrial and commercial development should only occur if
impacted roads function at Level of Service (LOS) Category C or better.
3) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. The
Frederick County Engineer has referenced the potential for wetlands to exist on this site based
upon the presence of an existing pond. Also, the Frederick County Engineer has identified that
a detailed geotechnical analysis will be needed as part of the detailed site plan design as this
area is also known for karst topography.
4) Potential Impacts
The primary impact of the proposed proffer revision would be to shift resources from
implementing an additional lane of Shady Elm Road and $250,000 cash proffer for
transportation to a commitment to revenue sharing for the full connection of Renaissance Drive.
5) Proffer Statement
Clean and redline versions of the proffer statement are attached to this report.
Changes are as follows:
1. $250,000 cash proffer toward transportation has been removed.
2. Additional right lane on north bound Shady Elm has been removed.
3. Commitment to enter into revenue sharing agreement to provide local match for the
Rezoning #09-15 Artillery Business Center
October 13, 2015
Page 5
completion of Renaissance Drive from its current terminus to Shady Elm Road has been
added.
4. Limitation of 1 building permit per parcel 2 permits total until such time as a revenue
sharing agreement has been executed has been added.
5. Right-of-way dedication along Shady Elm Road has been removed due to its
completion.
6. Right-of-way obligation across parcel 74-A-68 (Carbaugh) has been removed.
7. Five year limitation on warehouse and distribution has been removed.
8. Internal access road proffer has been removed due to redundancy with the ordinance.
STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING:
Please note that this report responds to the most recent proffer draft dated October 5, 2015. As of the
date of this report going to print a signed version of that proffer statement has not yet been received.
The proposed modified proffers replace transportation commitments for improvements to Shady
Elm Road, $250,000.00 in cash transportation proffers, and right of way provision across 74-A-68
with a commitment to participate in revenue sharing to complete Renaissance Drive from its
existing terminus near Prosperity Drive to Shady Elm Road. Building permits are limited to 2 on
the property (1 per parcel) until such time as the applicant enters into a revenue sharing agreement
with the County.
While there are still items that could potentially lead to the ultimate roadway being delayed in its
construction such as the right-of-way acquisition process or potential difficulties achieving a rail
crossing, the proffer modifications return equivalent value to provisions that are being replaced and
move forward the implementation of the Comprehensive Plan and the Eastern Road Plan.
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.
KERNSTOWNBUSINESS PARKSubdivision
HEDGEBROOKHILLSSubdivision
0137
ST651
75 A 1
75 A 1F
831SHADYELM RD
4118VALLEY PIKE
4046VALLEYPIKE
4046VALLEYPIKE
4006VALLEYPIKE
251PROSPERITY DR
125PROSPERITY DR
201PROSPERITY DR
240PROSPERITY DR 161PROSPERITY DR
220PROSPERITY DR 150PROSPERITY DR
210PROSPERITY DR
180PROSPERITY DR
170PROSPERITY DR
3862VALLEYPIKE
690SHADYELM RD
690SHADYELM RD
100DEVELOPMENT LN
160INDUSTRIAL DR
121DEVELOPMENT LN
110INDUSTRIAL DR
206FROGALE CT161INDUSTRIAL DR
121INDUSTRIAL DR
480SHADYELM RD
275SOLDIERSREST LN
444SHADYELM RD
130FROGALE CT 130FROGALE CT
DEST
I
N
Y
D
R
DEVE
L
O
P
M
E
N
T
L
N
S
O
L
D
I
E
R
S
R
E
S
T
L
N
RENA
I
S
S
A
N
C
E
D
R
IND
U
S
T
R
I
A
L
D
R
SHA
D
Y
E
L
M
R
D
PRO
S
P
E
R
I
T
Y
D
R
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 29, 2015Staff: jbishop
SHA
D
Y
E
L
M
R
D
PRO
S
P
E
R
I
T
Y
D
R
IND
U
S
T
R
I
A
L
D
R
0137
REZ # 09 - 15Artillery Business CenterPINs:75 - A - 1, 75 - A - 1FRevise Proffers
0 550 1,100275 Feet
REZ 09-15
REZ # 09 - 15Artillery Business CenterPINs:75 - A - 1, 75 - A - 1FRevise Proffers
REZ 09-15
0111
KERNSTOWNBUSINESS PARKSubdivision
HEDGEBROOKHILLSSubdivision
0137
ST651
75 A 1
75 A 1F
831SHADYELM RD
4118VALLEY PIKE
4046VALLEYPIKE
4046VALLEYPIKE
4006VALLEYPIKE
251PROSPERITY DR
125PROSPERITY DR
201PROSPERITY DR
240PROSPERITY DR 161PROSPERITY DR
220PROSPERITY DR 150PROSPERITY DR
210PROSPERITY DR
180PROSPERITY DR
170PROSPERITY DR
3862VALLEYPIKE
690SHADYELM RD
690SHADYELM RD
100DEVELOPMENT LN
160INDUSTRIAL DR
121DEVELOPMENT LN
110INDUSTRIAL DR
206FROGALE CT161INDUSTRIAL DR
121INDUSTRIAL DR
480SHADYELM RD
275SOLDIERSREST LN
444SHADYELM RD
130FROGALE CT 130FROGALE CT
DEST
I
N
Y
D
R
DEVE
L
O
P
M
E
N
T
L
N
S
O
L
D
I
E
R
S
R
E
S
T
L
N
RENA
I
S
S
A
N
C
E
D
R
IND
U
S
T
R
I
A
L
D
R
SHA
D
Y
E
L
M
R
D
PRO
S
P
E
R
I
T
Y
D
R
Applications
Parcels
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 29, 2015Staff: jbishop
SHA
D
Y
E
L
M
R
D
PRO
S
P
E
R
I
T
Y
D
R
IND
U
S
T
R
I
A
L
D
R
0137
REZ # 09 - 15Artillery Business CenterPINs:75 - A - 1, 75 - A - 1FRevise Proffers
0 550 1,100275 Feet
REZ 09-15
REZ # 09 - 15Artillery Business CenterPINs:75 - A - 1, 75 - A - 1FRevise Proffers
REZ 09-15
0111
E
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment
Self-Storage Facilities in the RA (Rural Areas) District
DATE: October 6, 2015
Staff has been requested to assess the potential to include self-storage facilities as a conditional use
in the RA (Rural Areas) District. Currently self-storage is a permitted use in the B2, B3, M1 and M2
Districts. It has been requested that staff look into self-storage in the RA District due to this use
requiring limited infrastructure (such as water and sewer). Currently other commercial uses
permitted through a conditional use permit include:
Country clubs, with or without banquet facilities.
Country general stores.
Service stations.
Antique shops.
Restaurants.
Motels.
Auction houses.
Campgrounds, tourist camps, recreation areas and resorts.
Commercial outdoor recreation, athletic or park facilities.
Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
Sawmills and planning mills, Type B.
Landscape contracting businesses.
Veterinary office, clinic or hospital, including livestock services.
Day-care facilities.
Welding Repair (SIC 7692).
Flea Markets, Operated Indoors or Outdoors.
The DRRC discussed this amendment at their July 2015 meeting. The DRRC had minor revisions and
sent the proposed changes to the Planning Commission for discussion. The Planning Commission
discussed this item on August 19, 2015; the Planning Commission agreed with the changes and sent
the item forward for review by the Board of Supervisors. The Board of Supervisors discussed this
item on September 9, 2015; and the Board expressed concern that this use may not fit in with many
areas zoned Rural Areas and also questioned what would happen if the use discontinued.
Planning Commission – Public Hearing
Self-Storage Facilities in the RA (Rural Areas) District
October 6, 2015
Page 2
Ultimately, the Board of Supervisors sent the proposed amendment forward for public hearing to
solicit citizen comments.
The attached document shows the existing ordinance with the proposed changes (with
strikethroughs for text eliminated and bold italic for text added). This item is presented for public
hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance
text amendment is sought. Please contact me if you have any questions.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
CEP/pd
Proposed Changes to Chapter 165 – Self-Storage Facilities
Original language
Draft revisions
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.03 Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been
granted for the use:
NN. Self-Service Storage Facilities
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.18 Storage facilities, self-service.
Where allowed, self-service storage facilities shall meet the following requirements:
A. Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning
districts in which they are permitted.
B. All parking areas, travel aisles and maneuvering areas associated with the self-service storage facility
operations shall be paved with asphalt, concrete or similar material to provide a durable hard
surface.
C. Buildings are permitted that provide interior and exterior accessible units. Individual units within the
self-service storage building shall not exceed 1,000 square feet in area.
D. Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that
adequate travel aisles are maintained between buildings.
E. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of
the self-service storage facility, provided that the storage area is separate from the parking areas
and travel aisles and is depicted on the approved site development plan. Areas utilized for this
purpose shall be exempt from the surface requirements specified under § 165-204.18B.
F. Self-service storage facilities shall meet the following landscaping or screening requirements:
Proposed Changes to Chapter 165 – Self-Storage Facilities
(1) Facilities located in the B-2 Business General District shall be completely screened around the
perimeter of the property by a double row of evergreen trees that are staggered and planted a
maximum of eight feet off center and are a minimum of six feet in height when planted.
(2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall
be required to landscape the yard area within the front yard setback to provide for a double row
of evergreen trees that are staggered and planted a maximum of eight feet off center. The side
and rear yards shall be planted with a single row of evergreen or deciduous trees that are
planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the
time of planting.
(3) Facilities located on parcels that are within a master planned industrial park or office park shall
be required to landscape the perimeter of the facility with a single row of evergreen or
deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum
of six feet in height at the time of planting.
(4) The required planting of all trees described under this Subsection F shall occur in an area that is
between the adjoining property boundary line and the placement of security fencing. The
installation of an opaque wall or fence that is a minimum of six feet in height may substitute for
required landscaped areas in all zoning districts.
G. Self-service storage facility operations shall be designed to accommodate the storage of residential,
commercial and industrial items, excluding hazardous, toxic and explosive materials. No use, sale,
repair or activity other than storage shall be permitted to occur in self-service storage facility
operations. A copy of the lease agreement which describes the requirements of this subsection shall
be approved in conjunction with the site development plan for the self-service storage facility
operation.
H. In addition to the above, self-service storage facilities in the RA (Rural Areas) District shall adhere
to the following requirements:
(1) Properties must be located within a designated and defined Rural Community Center as
identified in the Comprehensive Plan.
(2) All development shall conform to all B2 (General Business) District standards.
(3) All development shall have direct access onto a paved state road.
F
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment – Variance Requirements
DATE: October 6, 2015
During the 2015 Session, the Virginia General Assembly passed amendments to the Code of Virginia
pertaining to the operation of the local Board of Zoning Appeals. These changes require revisions
to be made to the Zoning Ordinance to be compliant with the Code of Virginia pertaining to the
Board of Zoning Appeals and the standards by which the Board reviews variance requests.
Specific changes include:
The definition of “variance” has been revised.
The administrative appeals section has been updated to be consistent with the Code
of Virginia – the determination of the Zoning Administrator shall be presumed to be
correct and the burden of proof falls on the applicant to rebut the presumption of
correctness.
Within Section C – Variances - the term “unnecessary hardships” has been replaced
with the phrase “unreasonable restriction on the utilization of the property”.
Several other minor revisions have been included that reformat the ordinance to
comply with the changes.
The DRRC discussed this amendment at their July 2015 meeting. The DRRC endorsed the changes
and sent the amendment forward to the Planning Commission for discussion. The Planning
Commission discussed this item on August 19, 2015; the Planning Commission agreed with the
changes and sent the item forward for review by the Board of Supervisors. The Board of
Supervisors discussed this item on September 9, 2015; the Board of Supervisors agreed with the
proposed changes and sent the amendment forward for public hearing.
The attached document shows the existing ordinance with the proposed changes (with
strikethroughs for text eliminated and bold italic for text added). This item is presented for public
hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance
text amendment is sought. Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia – BZA and Variances
CEP/pd
Proposed Changes to Chapter 165 – Variances
Original language
Draft revisions
ARTICLE X
BOARD OF ZONING APPEALS
Part 1001 – Board of Zoning Appeals
§ 165-1001.01 Appointment; organization; terms.
A Board of Zoning Appeals shall be appointed by the Circuit Court according to the requirements and
provisions of the Code of Virginia. The Board of Zoning Appeals shall organize and conduct itself
according to all requirements of the Code of Virginia. The Board of Zoning Appeals shall consist of five
members appointed for five-year terms.
§ 165-1001.02 Powers and duties.
A. Administrative appeals. The Board of Zoning Appeals shall hear and decide appeals from any order,
requirement, decision or determination made by the Zoning Administrator, Director of Planning and
Development or other administrative officer with authority to administer or enforce the
requirements of this chapter. The determination of the Zoning Administrator shall be presumed to
be correct. At a hearing, the Zoning Administrator shall explain the basis for their determination
after which the appellant has the burden of proof to rebut such presumption of correctness by a
preponderance of the evidence. The Board of Zoning Appeals shall consider any applicable
ordinances, laws and regulations in making its decision.
(1) Procedures. An appeal to the Board of Zoning Appeals may be taken by any person, department,
board, County or municipality aggrieved or affected by any decision of the Zoning Administrator.
Such appeal shall be taken within 30 days after the decision by filing with the Zoning
Administrator and Board of Zoning Appeals a notice of appeal specifying the grounds thereof.
The Zoning Administrator shall transmit to the Board all the papers constituting the record upon
which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the
action appealed unless the Zoning Administrator certifies to the Board that, by reason of facts
stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining order granted by the
Board or by a court of record, on application and on notice to the Zoning Administrator and for
good cause shown.
(2) The Board shall fix a reasonable time for the hearing of an application or appeal and shall give
public notice thereof as well as due notice to the parties in interest. It shall decide the appeal
within 60 days. The Board may reverse or affirm wholly or partly or may modify an order,
requirement, decision or determination appealed according to the procedures described in the
Code of Virginia.
B. Map interpretations. The Board of Zoning Appeals shall hear and decide applications for the
interpretation of the Zoning District Map after notice to the owners of the property affected and
after a public hearing held according to the requirements of the Code of Virginia. The Board shall
Proposed Changes to Chapter 165 – Variances
interpret the map in such a way as to carry out the intent and purpose of this chapter for the
particular district in question. The Board shall not have the power to change substantially the
locations of district boundaries as established by this chapter. The Board shall not have power to
rezone property.
C. Variances. The Board of Zoning Appeals shall hear and decide applications for variances from specific
terms or requirements of this chapter in specific cases. Variances shall only be granted by the Board
in the following cases:
(1) When granting the variance will not be contrary to the public interest. The burden of proof shall
be on the applicant for a variance to prove by a preponderance of the evidence that their
application meets the standard for a variance as defined;
(2) A variance shall be granted if the evidence shows that the strict application of the terms of the
ordinance would unreasonably restrict the utilization of the property or that the granting of
the variance would alleviate a hardship due to a physical condition relating to the property or
improvements thereon at the time of the effective date of the ordinance and:
a. The property interest for which the variance is being requested was acquired in good
faith;
b. Any hardship was not created by the applicant for the variance;
c. The granting of the variance will not be of substantial detriment to adjacent property
and nearby properties in the proximity of that geographical area;
d. Condition or situation of the property concerned is not of so general or recurring a
nature as to make reasonably practicable the formulation of a general regulation to
be adopted as an amendment to the ordinance;
e. The granting of the variance does not result in a use that is not otherwise permitted on
such property or a change in the zoning classification of the property; and
f. The relief or remedy sought by the variance application is not available through a
Conditional Use Permit process or the process for modification of a zoning ordinance.
(2) When owing to special conditions, a literal enforcement of the provisions of this chapter will
result in unnecessary hardship. Variances shall only be granted when the property owner can
show that his property was acquired in good faith and where the owner can show that the
hardship was not self-inflicted. Variances shall be granted where, by reason of the exceptional
conditions on the property at the time of the effective date of this chapter, the strict application
of the requirements of this chapter would effectively prohibit or unreasonably restrict the use of
the property. Variances shall be granted to alleviate a clearly demonstrable hardship
approaching confiscation. Variances shall not be granted to provide a special privilege or
convenience sought by the applicant. A variance shall not be granted when the condition being
alleviated is of a recurring nature so that the condition could better be alleviated by a zoning
amendment.
(3) When the granting of the variance will maintain the intent of this chapter.
(4) Variances shall be granted to alleviate the following types of conditions:
Proposed Changes to Chapter 165 – Variances
(a) Narrowness, shallowness, size or shape of a specific piece of property.
(b) Exceptional topographic conditions.
(c) Extraordinary conditions concerning the use of adjacent properties.
(d) Other extraordinary conditions of the specific parcel of land.
(5) Variances shall only be authorized if the Board finds the following:
(a) That the strict application of this chapter would produce undue hardship as described
above.
(b) That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity.
(c) That the authorization of such variance will not be of substantial detriment to adjacent
property and that the character of the district will not be changed by granting the
variance.
(3) No variance shall be granted for any proposed use, development or activity in the Floodway
District that will cause any increase in flood levels during the one-hundred-year flood.
(4) When considering a variance application located within the floodplain districts, additional
factors contained in ARTICLE VII, § 165-702.18, must be followed.
D. Procedures. Applications for variances shall be made to the Zoning Administrator in accordance with
rules adopted by the Zoning Administrator. Plans, maps and other application materials shall be
provided by the applicant as required. Variances; shall be promptly transmitted to the Board of
Zoning Appeals for public hearing. No variance shall be granted until after notice and a public
hearing is held according to the requirements of the Code of Virginia. Applications for variances shall
be accompanied by a nonrefundable fee in an amount as set by resolution of the Board of
Supervisors from time to time.
APPEALS AND VARIANCES
Proposed Changes to Chapter 165 – Variances
E. Conditions. In granting a variance, the Board of Zoning Appeals may impose such conditions
regarding the location, character and other features of the proposed structure or use as it may deem
necessary in the public interest and may require a guaranty or bond to ensure that the conditions
imposed are being and will continue to be complied with.
F. Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court according to
procedures set forth in the Code of Virginia.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§ 165-101.02 Definitions and word usage.
VARIANCE - A reasonable deviation from those provisions regulating the shape, size or area of a lot or
parcel of land, or the size, height, area, bulk or location of a building or structure when the strict
application of this chapter would result in unnecessary or unreasonable hardship to the property owners
unreasonably restrict the utilization of the property, and such need for a variance would not be shared
generally by other properties, and provided that such variance is not contrary to the intended spirit and
purpose of this chapter and would result in substantial justice being done.
Complete Petition Filed with Planning
Department (Variance or Appeal)
Notification of BZA
Public Hearing
BZA Meeting
Favorable
Decision
Variance or
Appeal Approved
Unfavorable
Decision
Variance or
Appeal Denied
VIRGINIA ACTS OF ASSEMBLY --2015 SESSION
CHAPTER 597
An Act to amend and reenact §§ 15.2-2201, 15.2-2308, 15.2-2309, and 15.2-2314 of the Code of
Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2308.1, relating to
variances.
[H 1849]
Approved March 26, 2015
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2201, 15.2-2308, 15.2-2309, and 15.2-2314 of the Code of Virginia are amended and
reenacted and that the Code of Virginia is amended by adding a section numbered 15.2-2308.1 as
follows:
§ 15.2-2201. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Affordable housing" means, as a guideline, housing that is affordable to households with incomes at
or below the area median income, provided that the occupant pays no more than thirty percent of his
gross income for gross housing costs, including utilities. For the purpose of administering affordable
dwelling unit ordinances authorized by this chapter, local governments may establish individual
definitions of affordable housing and affordable dwelling units including determination of the appropriate
percent of area median income and percent of gross income.
"Conditional zoning" means, as part of classifying land within a locality into areas and districts by
legislative action, the allowing of reasonable conditions governing the use of such property, such
conditions being in addition to, or modification of the regulations provided for a particular zoning
district or zone by the overall zoning ordinance.
"Development" means a tract of land developed or to be developed as a unit under single ownership
or unified control which is to be used for any business or industrial purpose or is to contain three or
more residential dwelling units. The term "development" shall not be construed to include any tract of
land which will be principally devoted to agricultural production.
"Historic area" means an area containing one or more buildings or places in which historic events
occurred or having special public value because of notable architectural, archaeological or other features
relating to the cultural or artistic heritage of the community, of such significance as to warrant
conservation and preservation.
"Incentive zoning" means the use of bonuses in the form of increased project density or other
benefits to a developer in return for the developer providing certain features, design elements, uses,
services, or amenities desired by the locality, including but not limited to, site design incorporating
principles of new urbanism and traditional neighborhood development, environmentally sustainable and
energy-efficient building design, affordable housing creation and preservation, and historical
preservation, as part of the development.
"Local planning commission" means a municipal planning commission or a county planning
commission.
"Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship,
or other activity under jurisdiction of the U.S. Department of Defense, including any leased facility, or
any land or interest in land owned by the Commonwealth and administered by the Adjutant General of
Virginia or the Virginia Department of Military Affairs. "Military installation" does not include any
facility used primarily for civil works, rivers and harbors projects, or flood control projects.
"Mixed use development" means property that incorporates two or more different uses, and may
include a variety of housing types, within a single development.
"Official map" means a map of legally established and proposed public streets, waterways, and public
areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233 et seq.) hereof.
"Planned unit development" means a form of development characterized by unified site design for a
variety of housing types and densities, clustering of buildings, common open space, and a mix of
building types and land uses in which project planning and density calculation are performed for the
entire development rather than on an individual lot basis.
"Planning district commission" means a regional planning agency chartered under the provisions of
Chapter 42 (§ 15.2-4200 et seq.) of this title.
"Plat" or "plat of subdivision" means the schematic representation of land divided or to be divided
and information in accordance with the provisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262,
and 15.2-2264, and other applicable statutes.
"Preliminary subdivision plat" means the proposed schematic representation of development or
subdivision that establishes how the provisions of §§ 15.2-2241 and 15.2-2242, and other applicable
2 of 6
statutes will be achieved.
"Resident curator" means a person, firm, or corporation that leases or otherwise contracts to manage,
preserve, maintain, operate, or reside in a historic property in accordance with the provisions of
§ 15.2-2306 and other applicable statutes.
"Site plan" means the proposal for a development or a subdivision including all covenants, grants or
easements and other conditions relating to use, location and bulk of buildings, density of development,
common open space, public facilities and such other information as required by the subdivision
ordinance to which the proposed development or subdivision is subject.
"Special exception" means a special use, that is a use not permitted in a particular district except by
a special use permit granted under the provisions of this chapter and any zoning ordinances adopted
herewith.
"Street" means highway, street, avenue, boulevard, road, lane, alley, or any public way.
"Subdivision," unless otherwise defined in an ordinance adopted pursuant to § 15.2-2240, means the
division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose
of transfer of ownership or building development, or, if a new street is involved in such division, any
division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall
relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation
of any single division of land into two lots or parcels, a plat of such division shall be submitted for
approval in accordance with § 15.2-2258.
"Variance" means, in the application of a zoning ordinance, a reasonable deviation from those
provisions regulating the shape,size,or area of a lot or parcel of land, or the size,height,area, bulk,or
location of a building or structure when the strict application of the ordinance would result in
unnecessary or unreasonable hardship to the property owner unreasonably restrict the utilization of the
property, and such need for a variance would not be shared generally by other properties, and provided
such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in
substantial justice being done. It shall not include a change in use,which change shall be accomplished
by a rezoning or by a conditional zoning.
"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts,
such areas and districts being generally referred to as "zones," by legislative action and the prescribing
and application in each area and district of regulations concerning building and structure designs,
building and structure placement and uses to which land, buildings and structures within such designated
areas and districts may be put.
§ 15.2-2308. Boards of zoning appeals to be created; membership, organization, etc.
A. Every locality that has enacted or enacts a zoning ordinance pursuant to this chapter or prior
enabling laws, shall establish a board of zoning appeals that shall consist of either five or seven
residents of the locality, appointed by the circuit court for the locality. Boards of zoning appeals for a
locality within the fifteenth or nineteenth judicial circuit may be appointed by the chief judge or his
designated judge or judges in their respective circuit, upon concurrence of such locality. Their terms of
office shall be for five years each except that original appointments shall be made for such terms that
the term of one member shall expire each year. The secretary of the board shall notify the court at least
thirty days in advance of the expiration of any term of office, and shall also notify the court promptly if
any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term.
Members may be reappointed to succeed themselves. Members of the board shall hold no other public
office in the locality except that one may be a member of the local planning commission. A member
whose term expires shall continue to serve until his successor is appointed and qualifies. The circuit
court for the City of Chesapeake and the Circuit Court for the City of Hampton shall appoint at least
one but not more than three alternates to the board of zoning appeals. At the request of the local
governing body, the circuit court for any other locality may appoint not more than three alternates to the
board of zoning appeals. The qualifications, terms and compensation of alternate members shall be the
same as those of regular members. A regular member when he knows he will be absent from or will
have to abstain from any application at a meeting shall notify the chairman twenty-four hours prior to
the meeting of such fact. The chairman shall select an alternate to serve in the absent or abstaining
member's place and the records of the board shall so note. Such alternate member may vote on any
application in which a regular member abstains.
B. Localities may, by ordinances enacted in each jurisdiction, create a joint board of zoning appeals
that shall consist of two members appointed from among the residents of each participating jurisdiction
by the circuit court for each county or city, plus one member from the area at large to be appointed by
the circuit court or jointly by such courts if more than one, having jurisdiction in the area. The term of
office of each member shall be five years except that of the two members first appointed from each
jurisdiction, the term of one shall be for two years and of the other, four years. Vacancies shall be filled
for the unexpired terms. In other respects, joint boards of zoning appeals shall be governed by all other
provisions of this article.
C. With the exception of its secretary and the alternates, the board shall elect from its own
membership its officers who shall serve annual terms as such and may succeed themselves. The board
3 of 6
may elect as its secretary either one of its members or a qualified individual who is not a member of
the board, excluding the alternate members. A secretary who is not a member of the board shall not be
entitled to vote on matters before the board. For Notwithstanding any other provision of law, general or
special, for the conduct of any hearing, a quorum shall be not less than a majority of all the members of
the board and the board shall offer an equal amount of time in a hearing on the case to the applicant,
appellant or other person aggrieved under § 15.2-2314, and the staff of the local governing body.
Except for matters governed by § 15.2-2312, no action of the board shall be valid unless authorized by a
majority vote of those present and voting. The board may make, alter and rescind rules and forms for its
procedures, consistent with ordinances of the locality and general laws of the Commonwealth. The board
shall keep a full public record of its proceedings and shall submit a report of its activities to the
governing body or bodies at least once each year.
D. Within the limits of funds appropriated by the governing body, the board may employ or contract
for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. Members of
the board may receive such compensation as may be authorized by the respective governing bodies. Any
board member or alternate may be removed for malfeasance, misfeasance or nonfeasance in office, or
for other just cause, by the court that appointed him, after a hearing held after at least fifteen days'
notice.
E. Notwithstanding any contrary provisions of this section, in the City of Virginia Beach, members
of the board shall be appointed by the governing body. The governing body of such city shall also
appoint at least one but not more than three alternates to the board.
§ 15.2-2308.1. Boards of zoning appeals, ex parte communications, proceedings.
A. The non-legal staff of the governing body may have ex parte communications with a member of
the board prior to the hearing but may not discuss the facts or law relative to a particular case. The
applicant, landowner or his agent or attorney may have ex parte communications with a member of the
board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex
parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform
the other party as soon as practicable and advise the other party of the substance of such
communication. For purposes of this section, regardless of whether all parties participate, ex parte
communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to
a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney
are all invited.
B. Any materials relating to a particular case, including a staff recommendation or report furnished
to a member of the board, shall be made available without cost to such applicant, appellant or other
person aggrieved under § 15.2-2314, as soon as practicable thereafter, but in no event more than three
business days of providing such materials to a member of the board. If the applicant, appellant or other
person aggrieved under § 15.2-2314 requests additional documents or materials be provided by the
locality other than those materials provided to the board, such request shall be made pursuant to
§ 2.2-3704. Any such materials furnished to a member of the board shall also be made available for
public inspection pursuant to subsection F of § 2.2-3707.
C. For the purposes of this section, "non-legal staff of the governing body" means any staff who is
not in the office of the attorney for the locality, or for the board, or who is appointed by special law or
pursuant to § 15.2-1542. Nothing in this section shall preclude the board from having ex parte
communications with any attorney or staff of any attorney where such communication is protected by the
attorney-client privilege or other similar privilege or protection of confidentiality.
D. This section shall not apply to cases where an application for a special exception has been filed
pursuant to subdivision 6 of § 15.2-2309.
§ 15.2-2309. Powers and duties of boards of zoning appeals.
Boards of zoning appeals shall have the following powers and duties:
1. To hear and decide appeals from any order, requirement, decision,or determination made by an
administrative officer in the administration or enforcement of this article or of any ordinance adopted
pursuant thereto. The decision on such appeal shall be based on the board's judgment of whether the
administrative officer was correct.The determination of the administrative officer shall be presumed to
be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his
determination after which the appellant has the burden of proof to rebut such presumption of
correctness by a preponderance of the evidence.The board shall consider the purpose and intent of any
applicable ordinances, laws,and regulations in making its decision.For purposes of this section,
determination means any order, requirement, decision or determination made by an administrative
officer. Any appeal of a determination to the board shall be in compliance with this section,
notwithstanding any other provision of law, general or special.
2. To authorize Notwithstanding any other provision of law, general or special, to grant upon appeal
or original application in specific cases such a variance as defined in § 15.2-2201 from the terms of the
ordinance as will not be contrary to the public interest, when, owing to special conditions a literal
enforcement of the provisions will result in unnecessary hardship;,provided that the spirit of the
ordinance shall be observed and substantial justice done, as follows:the burden of proof shall be on the
4 of 6
applicant for a variance to prove by a preponderance of the evidence that his application meets the
standard for a variance as defined in § 15.2-2201 and the criteria set out in this section.
When a property owner can show that his Notwithstanding any other provision of law, general or
special, a variance shall be granted if the evidence shows that the strict application of the terms of the
ordinance would unreasonably restrict the utilization of the property or that the granting of the variance
would alleviate a hardship due to a physical condition relating to the property or improvements thereon
at the time of the effective date of the ordinance, and (i) the property interest for which the variance is
being requested was acquired in good faith and where by reason of the exceptional and any hardship
was not created by the applicant for the variance;narrowness, shallowness, size,or shape of a specific
piece of property at the time of the effective date of the ordinance, or where by reason of exceptional
topographic conditions or other extraordinary situation or condition of the piece of property, or of the
condition, situation, or development of property immediately adjacent thereto, the strict application of
the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the
property or where the board is satisfied, upon the evidence heard by it, that the granting of the variance
will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience
sought by the applicant, provided that all variances shall be in harmony with the intended spirit and
purpose of the ordinance.(ii) the granting of the variance will not be of substantial detriment to
adjacent property and nearby properties in the proximity of that geographical area; (iii) the condition
or situation of the property concerned is not of so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;
(iv) the granting of the variance does not result in a use that is not otherwise permitted on such
property or a change in the zoning classification of the property; and (v) the relief or remedy sought by
the variance application is not available through a special exception process that is authorized in the
ordinance pursuant to subdivision 6 of § 15.2-2309 or the process for modification of a zoning
ordinance pursuant to subdivision A4 of § 15.2-2286 at the time of the filing of the variance application.
No such variance shall be authorized by the board unless it finds:
a. That the strict application of the ordinance would produce undue hardship relating to the property;
b. That the hardship is not shared generally by other properties in the same zoning district and the
same vicinity; and
c. That the authorization of the variance will not be of substantial detriment to adjacent property and
that the character of the district will not be changed by the granting of the variance.
No variance shall be authorized considered except after notice and hearing as required by
§ 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of
abutting property and property immediately across the street or road from the property affected, the
board may give such notice by first-class mail rather than by registered or certified mail.
No variance shall be authorized unless the board finds that the condition or situation of the property
concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of
a general regulation to be adopted as an amendment to the ordinance.
In authorizing granting a variance,the board may impose such conditions regarding the location,
character,and other features of the proposed structure or use as it may deem necessary in the public
interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will
continue to be complied with. Notwithstanding any other provision of law,general or special,the
property upon which a property owner has been granted a variance shall be treated as conforming for all
purposes under state law and local ordinance; however, the structure permitted by the variance may not
be expanded unless the expansion is within an area of the site or part of the structure for which no
variance is required under the ordinance. Where the expansion is proposed within an area of the site or
part of the structure for which a variance is required, the approval of an additional variance shall be
required.
3. To hear and decide appeals from the decision of the zoning administrator after notice and hearing
as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or
the occupants of abutting property and property immediately across the street or road from the property
affected, the board may give such notice by first-class mail rather than by registered or certified mail.
4. To hear and decide applications for interpretation of the district map where there is any
uncertainty as to the location of a district boundary. After notice to the owners of the property affected
by the question, and after public hearing with notice as required by § 15.2-2204, the board may interpret
the map in such way as to carry out the intent and purpose of the ordinance for the particular section or
district in question. However, when giving any required notice to the owners, their agents or the
occupants of abutting property and property immediately across the street or road from the property
affected, the board may give such notice by first-class mail rather than by registered or certified mail.
The board shall not have the power to change substantially the locations of district boundaries as
established by ordinance.
5. No provision of this section shall be construed as granting any board the power to rezone property
or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by
the governing body.
5 of 6
6. To hear and decide applications for special exceptions as may be authorized in the ordinance. The
board may impose such conditions relating to the use for which a permit is granted as it may deem
necessary in the public interest, including limiting the duration of a permit, and may require a guarantee
or bond to ensure that the conditions imposed are being and will continue to be complied with.
No special exception may be granted except after notice and hearing as provided by § 15.2-2204.
However, when giving any required notice to the owners, their agents or the occupants of abutting
property and property immediately across the street or road from the property affected, the board may
give such notice by first-class mail rather than by registered or certified mail.
7. To revoke a special exception previously granted by the board of zoning appeals if the board
determines that there has not been compliance with the terms or conditions of the permit. No special
exception may be revoked except after notice and hearing as provided by § 15.2-2204. However, when
giving any required notice to the owners, their agents or the occupants of abutting property and property
immediately across the street or road from the property affected, the board may give such notice by
first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the
right to issue special exceptions pursuant to § 15.2-2286, and, if the governing body determines that
there has not been compliance with the terms and conditions of the permit, then it may also revoke
special exceptions in the manner provided by this subdivision.
8. The board by resolution may fix a schedule of regular meetings, and may also fix the day or days
to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to
act, finds and declares that weather or other conditions are such that it is hazardous for members to
attend the meeting. Such finding shall be communicated to the members and the press as promptly as
possible. All hearings and other matters previously advertised for such meeting in accordance with
§ 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.
§ 15.2-2314. Certiorari to review decision of board.
Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals,
or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the
clerk of the circuit court for the county or city a petition that shall be styled "In Re: date Decision of
the Board of Zoning Appeals of [locality name]" specifying the grounds on which aggrieved within 30
days after the final decision of the board.
Upon the presentation of such petition, the court shall allow a writ of certiorari to review the
decision of the board of zoning appeals and shall prescribe therein the time within which a return
thereto must be made and served upon the secretary of the board of zoning appeals or, if no secretary
exists, the chair of the board of zoning appeals, which shall not be less than 10 days and may be
extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed
from, but the court may, on application, on notice to the board and on due cause shown, grant a
restraining order.
Any review of a decision of the board shall not be considered an action against the board and the
board shall not be a party to the proceedings; however, the board shall participate in the proceedings to
the extent required by this section. The governing body, the landowner, and the applicant before the
board of zoning appeals shall be necessary parties to the proceedings in the circuit court. The court may
permit intervention by any other person or persons jointly or severally aggrieved by any decision of the
board of zoning appeals.
The board of zoning appeals shall not be required to return the original papers acted upon by it but it
shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called
for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to
show the grounds of the decision appealed from and shall be verified.
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition
of the matter, it may take evidence or appoint a commissioner to take evidence as it may direct and
report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a
part of the proceedings upon which the determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up for review.
In the case of an appeal from the board of zoning appeals to the circuit court of an order,
requirement, decision or determination of a zoning administrator or other administrative officer in the
administration or enforcement of any ordinance or provision of state law, or any modification of zoning
requirements pursuant to § 15.2-2286, the findings and conclusions of the board of zoning appeals on
questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by
proving by a preponderance of the evidence, including the record before the board of zoning appeals,
that the board of zoning appeals erred in its decision. Any party may introduce evidence in the
proceedings in the court. The court shall hear any arguments on questions of law de novo.
In the case of an appeal by a person of any decision of the board of zoning appeals that denied or
granted an application for a variance, or application for a special exception, the decision of the board of
zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing
to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or
where the discretion of the board of zoning appeals is involved, the decision of the board of zoning
6 of 6
appeals was plainly wrong and in violation of the purpose and intent of the zoning ordinance proving by
a preponderance of the evidence, including the record before the board of zoning appeals, that the
board of zoning appeals erred in its decision.
In the case of an appeal by a person of any decision of the board of zoning appeals that denied or
granted application for a special exception, the decision of the board of zoning appeals shall be
presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the
court that the board of zoning appeals applied erroneous principles of law, or where the discretion of
the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong,
was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable.
In the case of an appeal from the board of zoning appeals to the circuit court of a decision of the
board, any party may introduce evidence in the proceedings in the court in accordance with the Rules
of Evidence of the Supreme Court of Virginia.
Costs shall not be allowed against the locality, unless it shall appear to the court that it acted in bad
faith or with malice. In the event the decision of the board is affirmed and the court finds that the
appeal was frivolous, the court may order the person or persons who requested the issuance of the writ
of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of
certiorari. If the petition is withdrawn subsequent to the filing of the return, the locality may request that
the court hear the matter on the question of whether the appeal was frivolous.
G
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment
Setbacks from Agricultural and Forestal Districts
DATE: October 6, 2015
During the 2015-2020 Agricultural and Forestal District update, concern was presented over the
inclusions of parcels less than five (5) acres into the districts due to their impacts on adjacent
parcels that were not in agricultural districts. The concern was that placement of these parcels of
less than five (5) acres in size into the Agricultural District did not clearly further agriculture pursuits
and interests, and often contained residences, yet the resulting 200-foot setback placed greater
restrictions on their adjacent neighbors. Essentially, someone with a two (2) acre parcel could
control development activity on their two (2) acres as well as their neighbor’s two (2) acres (when
the 200-ft setback was applied).
The Board of Supervisors held a public hearing for the inclusion of these parcels less than 5 acres
into the agricultural districts at their August 12, 2015 meeting. At that meeting they deferred
action on accepting or denying the inclusion of many of these parcels and directed staff to draft an
ordinance amendment that would allow the inclusion of the parcels without impacting adjacent
parcels.
Staff has drafted an amendment to the RA (Rural Areas) District setbacks to address this issue; the
proposed amendment includes the following:
Utilizes the RA setback requirement based on adjoining parcel size previously
adopted in 2007.
Includes setbacks for parcels that abut an agricultural district, based on the size of
the parcel within the adopted agricultural district.
Parcels within an agricultural district that are 6 acres or less wo uld require a 50’
setback and parcels over 6 acres would require the 200’ setback .
The Planning Commission discussed this item their August 19, 2015 meeting; at that meeting the
Planning Commission discussed the acreage cutoff at 6 acres or above and below 6 acres and felt
this change addresses the issues raised with the Agricultural and Forestal District update.
The DRRC discussed this at their August 27, 2015 meeting; the DRRC requested that the acreage be
changed from six acres to two acres. The DRRC felt that five and six acre parcels still have a high
Planning Commission – Public Hearing
Setbacks from Agricultural and Forestal Districts
October 6, 2015
Page 2
potential for agricultural uses and the 200 foot setback was appropriate. The committee felt that
reducing the acreage to two acres for the 50 foot building restriction line would be more
acceptable. The Board of Supervisors discussed this item on September 9, 2015; the Board of
Supervisors discussed the six and two acre options. Ultimately the Board of Supervisors sent the
amendment forward for public hearing with the six acre requirement.
The attached document shows the existing ordinance with the proposed changes (with
strikethroughs for text eliminated and bold italic for text added). This item is presented for public
hearing. A recommendation from the Planning Commission on this proposed Zoning Ordinance
text amendment is sought. Please contact me if you have any questions.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
CEP/pd
Attachment 1
Original language
Draft revisions
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.07 Setback requirements.
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District:
A. Setbacks for all lots other than rural preservation lots shall be as set out below.
[Amended 2-28-2007; 4-27-2011]
(1) Front setbacks. The front setback for any principal or accessory use or structure located on a
traditional five-acre lot shall be 60 feet from the property line or right-of-way of the street,
road or ingress/egress easement.
(2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall
be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size Setback (Side and Rear) (feet)
6 acres or less 50
More than 6 acres 100
Agricultural and Forestal District, 6
acres or less
50
Agricultural and Forestal District,
more than 6 acres
200
Orchard (regardless of parcel size) 200