PC 09-20-17 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
September 20, 2017
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
4) South Frederick Agricultural and Forestal District. To consider adding additional
parcels into the South Frederick Agricultural and Forestal District. These properties are
located at 933 Barley Lane, Winchester, Virginia and are identified with Property
Identification Numbers 60-A-89, 61-A-15 and 61-A-17 the Back Creek Magisterial
District
Mr. Cheran ....................................................................................................................... (A)
5) Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, submitted for
construction of a special event facilities. The property is located at 283 Barracks Lane,
Winchester, Virginia and is identified with Property Identification Number 52- A -261
in the Back Creek Magisterial District.
Mr. Klein .......................................................................................................................... (B)
INFORMATION/DISCUSSION ITEMS
6) Subdivision Request #05-17 for Freedom Crossing, submitted by Greenway Engineering
Inc., is requesting 7 single-family (townhouses) lots on 1.2751 acres of land. The property
is located on 357 Double Church Road, Stephens City, Virginia. The property is identified
with Property Identification Number 86-A-6 in the Opequon Magisterial District. Please
note this item is presented for information purposes only.
Mr. Cheran ....................................................................................................................... (C)
7) Residential Separation Buffer in the RP District. – Discussion on revisions to the
Frederick County Zoning Ordinance on residential separation buffers in the RP
(Residential Performance) Zoning District..
Mr. Klein .......................................................................................................................... (D)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator
RE: Request to Add Parcels 60-A-89, 61-A-15 and 61-A-17, owned by Vernon
Wright and Eula Wright to the South Frederick Agricultural and Forestal
District.
DATE: September 12, 2017
Please find attached a form from Vernon Wright and Eula Wright, dated July 20, 2017.
The Wright’s have requested to add three parcels to the South Frederick Agricultural and
Forestal District. The South Frederick Agricultural and Forestal District was established
in 1980. The most recent renewal of this district occurred in May 2016 for a period of
five years. Currently, 6,070+/- acres are contained in this district.
Mr. and Mrs. Wright desire to add three parcels totaling 178.50+/- acres to the South
Frederick Agricultural and Forestal District. Section 15.2-4314 of the Code of Virginia,
1950, as amended, provides property owners with the ability to request to add land to the
Agricultural and Forestal District through a public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during
their meeting on August 23, 2017. The ADAC unanimously recommended that the three
parcels totaling 178.50+/- acres to be added to the South Frederick Agricultural and
Forestal District. The addition of the 178.50+/- acres will increase the South Frederick
Agriculutral and Forestal District to 6,248.50+/- acres.
Staff will present mapping during the Planning Commission Meeting which delineates
the location of this acreage and its proximity to other land within the South Frederick
Agricultural and Forestal District.
MRC/pd
Addition to the
South Frederick Agricultural and Forestal District
This is a request to the Frederick County Agricultural District Advisory Committee (ADAC) to
update the South Frederick Agricultural and Forestal District. Chapter 43, Section 15.2-4300 of
the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be
reviewed by the local government every five years after establishment. The South Frederick
Agricultural and Forestal District (District) was established in 1980. This is a request to the
South Frederick Agricultural District to increase the District, to add three parcels of 178.50+/-
acres.
LOCATION AND SIZE
The District is located in the Back Creek Magisterial District and currently contains 6,070+/-
acres. The proposed addition of three parcels (tax map numbers 60-A-89, 61-A-15, and 61-A-17)
totaling 178.50+/- acres has requested to be included in the South Frederick Agricultural and
Forestal District bringing the acreage to 6,248.50+/- acres. Please see attached map.
AGRICULTURAL & FORESTAL SIGNIFICANCE
The predominantly agricultural operations in the District are 90 percent agriculture (orchard, and
crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in
nature.
LAND USE
All parcels within the District are in agricultural or residential use.
COMPREHENSIVE PLAN
The 2035 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when
considering land use actions. The addition of these parcels within the District are outside the
Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and are not part
of any land use plan or study by the County. The current land use should remain in its present
land use of pristine condition with orchards, agricultural, and residential.
LAKES/PONDS/STREAMS
The District lies primarily within the Opequon Creek and Stephens Run drainage area. The
establishment of this District will further assist with managing the quality of the County’s water
resources.
SOILS
The general relief of the District varies from rolling hills to ridges to the north, west, south and
east. This District lies within the Opequon Creek watershed and water is available from ponds,
wells and springs.
PRIME AGRICULTURE SOIL
The largest amount of prime agricultural soils located within the District is Frederick-
Poplimento.
STAFF COMMENTS
Based on this information, staff feels that the additions to this District are agriculturally
significant as outlined in the Agricultural and Forestal Districts Act and the 2035 Comprehensive
Policy Plan (Comp Plan), which labels the area as rural. The intent of the Rural Areas is to
maintain agriculture as a significant portion of the County’s economy and to maintain the rural
character of areas outside of the UDA. The Comprehensive Plan can accomplish this by
promoting the inclusion of additional land in Agricultural and Forestal Districts. The
Comprehensive Plan supports additions to and renewal of the District, for it provides an
opportunity for the agribusiness community to conduct long range planning efforts for the
management of their operations while providing a reserve of agricultural land through the year
2020.
AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 08/23/17
MEETING:
The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to
add three (3) parcels totaling 178.50+/- acres to the South Frederick Agricultural and Forestal
District which would increase the South Frederick Agricultural and Forestal District to
6,248.50+/- acres.
CONCLUSION FOR THE 09/20/17 PLANNING COMMISSION MEETING: The
Frederick County Agricultural District Advisory Committee (ADAC) unanimously
recommended approval to add three (3) parcels totaling 178.50+/- acres to the South Frederick
Agricultural and Forestal District at their meeting on August 23, 2017. Staff would recommend
that the Planning Commission recommend to the Board of Supervisors the addition of the three
(3) parcels totaling 178.50+/- acres to the District.
61 A 17
61 A 15
60 A 89
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Addition
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2015-2020 South Frederick AdditionAgricultural & Forestal District
I 0 0.15 0.30.075 Miles
Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: August 2, 2017
PIN Owner Acres60 A 89 WRIGHT, VERNON C & EULA H 28.0061 A 15 WRIGHT, VERNON C & EULA H 52.5061 A 17 WRIGHT, VERNON C & EULA H 98.00
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2015-2020 South Frederick AdditionAgricultural & Forestal District
District Acreage: 6,248.71 Ac.
I 0 0.85 1.70.425 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: August 3, 2017
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Future Route 37 Bypass
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60 A 8961 A 1561 A 17178.50 Acre Addition
B
CONDITIONAL USE PERMIT #07-17
Caroline (Dixie) Scheulen - Special Event Facility
Staff Report for the Planning Commission
Prepared: September 12, 2017
Staff Contact: M. Tyler Klein, AICP, Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/20/17 Pending
Board of Supervisors: 10/11/17 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Planning Commission find this application for a special event
facility to be appropriate, Staff recommends that the following conditions be attached to the
CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use. Building permits are also required for all
buildings and structures.
3. Events shall start no earlier than 10 a.m. and all events and related activities shall
conclude by midnight.
4. Events may accommodate up to and not to exceed 280 persons.
5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
6. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #07-17, Caroline Dixie Scheulen – Special Event Facility
September 12, 2017
LOCATION: This approximately 135-acre property is located at 283 Barracks Lane,
Winchester, Virginia, immediately south of Route 50 (Northwestern Pike) and Round Hill Road
and immediately west of Woodchuck Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-261
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Agriculture/Open Space
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Vacant
South: RA (Rural Areas) Use: Residential/Agricultural
East: RP (Residential Performance) Use: Residential
West: RA (Rural Areas) Use: Residential/Agricultural
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special
event center for weddings and other similar type events in the RA (Rural Areas) Zoning District.
Improvements to the property will include construction of a 5,000 square foot (SF) event center
(including restrooms, kitchen and storage), a 600 SF detached bridal suite, a concrete patio and
gazebo. The Applicant intends to develop this project in phases.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for the Conditional Use Permit for
this property appears to have a measurable impact on Route 803 (Round Hill Road), the VDOT
facility which would provide access to the property. Prior to operation of the business a
commercial entrance must be constructed to our standards to allow for safe egress and ingress of
the property. Any work performed on the State’s right-of-way must be covered under a land use
permit. The permit is issued by this office and requires inspection fee and surety coverage.
Frederick County Inspections: Please see attached comments from Mark Fleet, Building Code
Official dated August 17, 2017.
Winchester-Frederick County Health Department: Please see attached letter from Herbert
Cormier, Environment Heath Supervisor, Lord Fairfax Health District dated June 1, 2017.
Frederick Water: No comments.
Page 3
CUP #07-17, Caroline Dixie Scheulen – Special Event Facility
September 12, 2017
Frederick County Fire Marshall: Please see attached comments from Kenneth Scott, Jr., Fire
Inspector, Fire & Rescue dated June 5, 2017.
City of Winchester: No comments.
Winchester Regional Airport: No comments.
Historic Resources Advisory Board: Please see attached letter from Candice E. Perkins,
AICP, Assistant Director/Staff to HRAB, dated June 23, 2017.
Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the
establishment of a special event facility for private events such as weddings. A special event
facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The
Zoning Ordinance defines “special event facility” as a facility or site utilized for events that are
typically conducted on a single day but which may be conducted for up to three consecutive
days, for which attendance is permitted only by invitation or reservation; special events include,
but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties.
This proposed use will take place on a 135.8-acre property, which is currently being used for
agricultural purposes (raising of cattle and farming hay). The special event facility will be
accessed via Barrack Lanes (a private drive), from Woodchuck Lane (State Route 654), a state
owned roadway. The Applicant intends to use a portion of the site for the proposed special event
facility, while maintaining the remainder of the site as productive agricultural land. The
Applicant proposes to erect an approximately 5,000 square foot (SF, 50’ x 100’) one-story event
center, which includes a kitchen, permanent restrooms, banquet hall and storage, a separate
approximately 600 SF bridal suite, and an outdoor concrete patio and gazebo. This facility may
accommodate events up to 280 persons (note: actual occupancy, not to exceed 280 persons, will
be determined at time of site plan). The Applicant states the design and architecture of the
proposed event center and accessory buildings will be consistent with structures found in the
County’s rural areas. The Applicant also intends phase construction of the facility and accessory
structures. All buildings relating to the proposed use, a special event facility, would require
building permits and would not be eligible for an agricultural exemption.
The property is surrounded by RA and RP (Residential Performance) zoned property, which
includes open space, agricultural uses, and single-family detached residences. The 2035
Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the
County as “rural” and is to remain agricultural in nature and is not part of any land use study.
The Board of Supervisors added “special event facilities” to the conditional use list for the
County’s Rural Areas Zoning District in May 2017 to support additional opportunities for
agribusiness and agritourism. The proposed use is consistent with the goals and strategies
expressed in the 2035 Comprehensive Plan and the surrounding properties.
Page 4
CUP #07-17, Caroline Dixie Scheulen – Special Event Facility
September 12, 2017
STAFF CONCLUSIONS FOR THE 09/20/17 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. An engineered site plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use. Building permits are also required for all
buildings and structures.
3. Events shall start no earlier than 10 a.m. and all events and related activities shall
conclude by midnight.
4. Events may accommodate up to and not to exceed 280 persons.
5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
6. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
CATHER LOTSSubdivision
0150
ST803
ST654
ST803
52 A 261
760WOODCHUCK LN
285FOXMEADOW LN
622WOODCHUCK LN
435WOODCHUCK LN
561WOODCHUCK LN
600WOODCHUCK LN
492WOODCHUCK LN
238CATHER LN
474WOODCHUCK LN
454WOODCHUCK LN
430WOODCHUCK LN
388WOODCHUCK LN404WOODCHUCK LN
374WOODCHUCK LN
352WOODCHUCK LN
364WOODCHUCK LN
328WOODCHUCK LN340WOODCHUCK LN
314WOODCHUCK LN
304WOODCHUCK LN
290WOODCHUCK LN
275WOODCHUCK LN
583ROUNDHILL RD
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210WOODCHUCK LN
200CATHER LN
200WOODCHUCK LN
190WOODCHUCK LN
161WOODCHUCK LN235CATHER LN
775ROUNDHILL RD 158WOODCHUCK LN
180WOODCHUCK LN
221CATHER LN
137WOODCHUCK LN
615ROUNDHILL RD
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571ROUNDHILL RD
551ROUNDHILL RD
729ROUNDHILL RD 120WOODCHUCK LN126WOODCHUCK LN 109WOODCHUCK LN
769ROUNDHILL RD 749ROUNDHILL RD759ROUNDHILL RD 739ROUNDHILL RD
745ROUNDHILL RD
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134MOUNTVISTA DR 572ROUNDHILL RD
170MOUNTVISTA DR
973ROUNDHILL RD
961ROUNDHILL RD
945ROUNDHILL RD
933ROUNDHILL RD 911ROUNDHILL RD
121PINGLEY LN
684ROUNDHILL RD
123PINGLEY LN
668ROUNDHILL RD
132PINGLEY LN
140SINGHASS RD
953ROUNDHILL RD 873ROUNDHILL RD
837ROUNDHILL RD 789ROUNDHILL RD
799ROUNDHILL RD
110POORHOUSE RD
712ROUNDHILL RD
696ROUNDHILL RD 135PINGLEY LN 164PINGLEY LN 178MOUNTVISTA DR
1035ROUNDHILL RD
995ROUNDHILL RD
844ROUNDHILL RD
105POORHOUSE RD
127POORHOUSE RD
2693NORTHWESTERNPIKE
2691NORTHWESTERNPIKE
163PINGLEY LN
175PINGLEY LN 182PINGLEY LN
189MOUNTVISTA DR
1121ROUNDHILL RD 1059ROUNDHILL RD
1006ROUNDHILL RD 978ROUNDHILL RD
3021NORTHWESTERNPIKE
161TRINITY LN
161TRINITY LN
161TRINITY LN
928ROUNDHILL RD
872ROUNDHILL RD
858ROUNDHILL RD 160POORHOUSE RD
162POORHOUSE RD 119PINGLEY LN 185PINGLEY LN
2633NORTHWESTERNPIKE
1038ROUNDHILL RD
3073NORTHWESTERNPIKE
3015NORTHWESTERNPIKE 2957NORTHWESTERNPIKE
2793NORTHWESTERNPIKE
2755NORTHWESTERNPIKE 2727NORTHWESTERNPIKE
2641NORTHWESTERNPIKE
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3079NORTHWESTERNPIKE 2911NORTHWESTERNPIKE
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Applications
Parcels
Building Footprints
B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial 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 Areas District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 21, 2017Staff: tklein
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CUP # 07 - 17Caroline "Dixie" ScheulenPIN:52 - A - 261 Special Events FacilitiesZoning Map
0 840 1,680420 Feet
CUP # 07 - 17Caroline "Dixie" ScheulenPIN:52 - A - 261Special Events FacilitiesZoning Map
CUP #07-17
CATHER LOTSSubdivision
0150
ST803
ST654
ST803
52 A 261
760WOODCHUCK LN
285FOXMEADOW LN
622WOODCHUCK LN
435WOODCHUCK LN
561WOODCHUCK LN
600WOODCHUCK LN
492WOODCHUCK LN
238CATHER LN
474WOODCHUCK LN
454WOODCHUCK LN
430WOODCHUCK LN
388WOODCHUCK LN404WOODCHUCK LN
374WOODCHUCK LN
352WOODCHUCK LN
364WOODCHUCK LN
328WOODCHUCK LN340WOODCHUCK LN
314WOODCHUCK LN
304WOODCHUCK LN
290WOODCHUCK LN
275WOODCHUCK LN
583ROUNDHILL RD
218WOODCHUCK LN
210WOODCHUCK LN
200CATHER LN
200WOODCHUCK LN
190WOODCHUCK LN
161WOODCHUCK LN235CATHER LN
775ROUNDHILL RD 158WOODCHUCK LN
180WOODCHUCK LN
221CATHER LN
137WOODCHUCK LN
615ROUNDHILL RD
599ROUNDHILL RD
571ROUNDHILL RD
551ROUNDHILL RD
729ROUNDHILL RD 120WOODCHUCK LN126WOODCHUCK LN 109WOODCHUCK LN
769ROUNDHILL RD 749ROUNDHILL RD759ROUNDHILL RD 739ROUNDHILL RD
745ROUNDHILL RD
622ROUNDHILL RD
134MOUNTVISTA DR 572ROUNDHILL RD
170MOUNTVISTA DR
973ROUNDHILL RD
961ROUNDHILL RD
945ROUNDHILL RD
933ROUNDHILL RD 911ROUNDHILL RD
121PINGLEY LN
684ROUNDHILL RD
123PINGLEY LN
668ROUNDHILL RD
132PINGLEY LN
140SINGHASS RD
953ROUNDHILL RD 873ROUNDHILL RD
837ROUNDHILL RD 789ROUNDHILL RD
799ROUNDHILL RD
110POORHOUSE RD
712ROUNDHILL RD
696ROUNDHILL RD 135PINGLEY LN 164PINGLEY LN 178MOUNTVISTA DR
1035ROUNDHILL RD
995ROUNDHILL RD
844ROUNDHILL RD
105POORHOUSE RD
127POORHOUSE RD
2693NORTHWESTERNPIKE
2691NORTHWESTERNPIKE
163PINGLEY LN
175PINGLEY LN 182PINGLEY LN
189MOUNTVISTA DR
1121ROUNDHILL RD 1059ROUNDHILL RD
1006ROUNDHILL RD 978ROUNDHILL RD
3021NORTHWESTERNPIKE
161TRINITY LN
161TRINITY LN
161TRINITY LN
928ROUNDHILL RD
872ROUNDHILL RD
858ROUNDHILL RD 160POORHOUSE RD
162POORHOUSE RD 119PINGLEY LN 185PINGLEY LN
2633NORTHWESTERNPIKE
1038ROUNDHILL RD
3073NORTHWESTERNPIKE
3015NORTHWESTERNPIKE 2957NORTHWESTERNPIKE
2793NORTHWESTERNPIKE
2755NORTHWESTERNPIKE 2727NORTHWESTERNPIKE
2641NORTHWESTERNPIKE
3111NORTHWESTERNPIKE
3079NORTHWESTERNPIKE 2911NORTHWESTERNPIKE
2835NORTHWESTERNPIKE
BARRACKS LN
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 21, 2017Staff: tklein
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CUP # 07 - 17Caroline "Dixie" ScheulenPIN:52 - A - 261 Special Events FacilitiesLocation Map
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CUP # 07 - 17Caroline "Dixie" ScheulenPIN:52 - A - 261Special Events FacilitiesLocation Map
CUP #07-17
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SUBDIVISION REQUEST #05-17
FREEDOM CROSSING
Staff Report for the Planning Commission
Prepared: August 28, 2017
Staff Contact: Mark R. 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 in the review of this application.
It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 09/20/17 Pending Public Meeting
Board of Supervisors: 10/11/17 Pending
LOCATION: The property is located on 357 Double Church Road, Stephens City.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86-A-6
PROPERTY ZONING & PRESENT USE: RP (Residential Performance)
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Open Space
EXECUTIVE SUMMARY:
This application is for a subdivision design plan for seven (7) single-family attached
(townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on
1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision
will be access Double Church Road (Route 641) via a private internal road. This subject
property is located within the limits of the Urban Development Area (UDA) and the Sewer
Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also
shows this property with a residential land use designation.
The applicant previously received a waiver of the Master Development Plan (MDP) requirement
and has chosen to process a subdivision design plan in lieu of the MDP. When processing a
subdivision design plan in lieu of the MDP, the application must be presented to the Planning
Commission and the Board of Supervisors as an informational item. Following its presentation
to the Planning Commission and the Board of Supervisors, staff will proceed with approval of
the plan.
This application is presented for information; no action is necessary.
Subdivision Request
Subdivision #05 -17 Freedom Crossing
August 28, 2017
Page 2
SUBDIVISION SPECIFICS: Subdivision of 1.2751+/- acres into seven (7) single-family
(townhouses) lots with a minimum lot size of 1,500 square feet each.
REVIEW AGENCY COMMENTS:
Virginia Department of Transportation: A VDOT review has been conducted for the
Freedom Crossing Site Plan with a signature date of July 26, 2017. Based off of the review of
the Drawings, all of the previous VDOT comments have been addressed and the Site Plan is
approved by our office.
Frederick County Fire Marshall: Approved.
Inspections: Project shall comply with The Virginia Uniform Statewide Building Code (USBC).
Dwellings (R-5) shall comply with The Virginia Residential 2012 Codes. Other Codes that apply
are the 2009 ANSI A117.1-09 Accessible and Usable Buildings and Facilities and the 2012
Virginia Energy Code.
Dwelling (townhouse) shall be separated as required for per Section R 302.2. All recreational
facilities shall be provided with an accessible route.
Engineer design required on all foundation and/or slabs with greater than 8” fill or 24” clean
sand/gravel.
Engineer design may be required under R610 for windbracing requirements.
Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located
below the top elevation of the upstream man hole cover.
Storm water drains, if higher than the basement finished floor, may require additional
engineering of the foundation.
Grade shall be sloped away from foundation a min 6” in 10’.
Site plan approved pending receipt of geotechnical soil investigation soil investigation as
required.
7/17 sidewalk provided to recreational area. Walkway shall not exceed 5%.
Frederick County Public Works: Approved – 8/8/17
Parks and Recreation: Plan appears to meet Parks and Recreation requirements.
GIS: The street name “Anthem Ct.” has been approved and reserved for use by Freedom
Crossing. Addresses will be assigned to the town homes during the building permitting process.
Please note: New addresses for Anthem Ct will replace the existing address 357 Double Church
Road. The address will be removed from the County system after construction of Anthem Ct.
Frederick County Sanitation Authority: Approved as noted.
Subdivision Request
Subdivision #05 -17 Freedom Crossing
August 28, 2017
Page 3
Frederick County Public Schools: Frederick County Public Schools has reviewed the Freedom
Crossing site plan submitted to us on June 5, 2017. We offer the following comment:
1. It is noted that Anthem Court will be a private lane. As our buses don’t travel down private
lanes, students who live on this street will need to walk to a public street to meet t he bus at a
location to be designated by our Transportation Department.
Planning Staff Review:
The Subdivision Ordinance requires that land divisions in the RP (Residential Performance)
Zoning District, without an approved Master Development Plan (MDP) be presented to the
Board of Supervisors (Chapter144-12E). The MDP requirement may be waived under Section
165-801.03A(5) of the Frederick County Zoning Ordinance if the applicant chooses to process a
design plan in lieu of MDP:
A MDP may also be waived if the applicant chooses to process a site plan in lieu of a
MDP. The site plan must contain all information generally required on a MDP and a
site plan. Once the site plan is in an administratively approvable form, the plan will be
presented to the Planning Commission and the Board of Supervisors per § 165-801.06.
This application is for a subdivision design plan for seven (7) single-family attached
(townhouses) units with a minimum lot size of 1,500 square feet planned to be constructed on
1.2751+/- acres of land zoned RP (Residential Performance) District. The proposed subdivision
will be access Double Church Road (Route 641) via a private internal road. This subject
property is located within the limits of the Urban Development Area (UDA) and the Sewer
Water Service Area (SWSA). The 2035 Frederick County Comprehensive Policy Plan also
shows this property with a residential land use designation.
The applicant previously received a waiver of the Master Development Plan (MDP) requirement
and has chosen to process a subdivision design plan in lieu of the MDP. When processing a
subdivision design plan in lieu of the MDP, the application must be presented to the Planning
Commission and the Board of Supervisors as an informational item. Following its presentation
to the Planning Commission and the Board of Supervisors, staff will proceed with approval of
the plan.
STAFF CONCLUSIONS FOR THE 9/20/17 PLANNING COMMISSION MEETING:
This proposed subdivision meets the requirements of the Zoning and Subdivision Ordinances and
is in a form that it is administratively approvable. All of the issues brought forth by the Planning
Commission should be appropriately addressed by the Applicant. This is being presented as an
informational item and following its presentation to the Planning Commission and the Board of
Supervisors, staff will proceed with approval of the plan.
This application is presented for information; no action is necessary.
86 A 6
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B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial 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 Areas District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 7, 2017Staff: mcheran
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SUB # 05 - 17Freedom Crossing Lot 7PIN:86 - A - 6Zoning Map
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01277
SUB # 05 - 17Freedom Crossing Lot 7PIN:86 - A - 6Zoning Map
SUB 05-17
86 A 6
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304FREETON CT
302FREETON CT
306FREETON CT
334DOUBLECHURCH RD
116FREETON CT
366DOUBLECHURCH RD
114FREETON CT
112FREETON CT 110FREETON CT
108FREETON CT 106FREETON CT
342DOUBLECHURCH RD
104FREETON CT 102FREETON CT
100FREETON CT
332DOUBLECHURCH RD
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128WARREN CIR 132WARRENCIR
322DOUBLECHURCH RD
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122WARRENCIR 115WARREN CIR
120WARRENCIR
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 7, 2017Staff: mcheran
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SUB # 05 - 17Freedom Crossing Lot 7PIN:86 - A - 6Location Map
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SUB # 05 - 17Freedom Crossing Lot 7PIN:86 - A - 6Location Map
SUB 05-17
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Residential Separation Buffer Waiver – Discussion
DATE: September 12, 2017
This is a proposed amendment to Chapter 165 – Zoning Ordinance to modify the requirement for
residential separation buffers in the RP (Residential Performance) Zoning District. Currently,
residential separation buffers are required to adequately buffer different housing types from
dissimilar housing types within adjacent separate developments.
Staff has drafted a revision to the Zoning Ordinance to modify the required residential separation
buffer between single-family detached (SFD) units, townhome units, single-family small lot
(attached and detached) units and townhome units. The modification would change the required
buffer category from a Category B Type Buffer to a Category A Type Buffer. The intent of this
modification is to provide flexibility for smaller infill-type lots in the RP Zoning District,
ensuring the desired housing densities are sited where they are planned for as part of the
County’s 2035 Comprehensive Plan’s Long Range Land Use Plan (LRLUP).
This item was proposed through a request from a private developer and discussed by the DRRC
at their April 27, May 25, July 27 and August 24, 2017 regular meetings. The Planning
Commission discussed this item previously at the June 7, 2017 meeting. The DRRC agreed with
the proposed changes from August 24, and the item was forwarded to the Planning Commission
for discussion. The attached document shows the existing ordinance with the proposed change
supported by the DRRC (with bold italic for text added). This item is presented for discussion.
Comments and suggestions from the Planning Commission will be forwarded to the Board of
Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
Article II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES
Part 203. Buffers and Landscaping
§ 165-203.02. Buffer and screening requirements.
C. Residential separation buffers. Residential separation buffers shall be established to adequately
buffer different housing types from dissimilar housing types within adjacent separate developments.
The requirements for residential separation buffers are as follows:
(1) When placed adjacent to one another, developments with different housing types shall
provide the following residential separation buffers:
Minimum Residential Separation Buffer Area Required
Proposed Use/Development Adjoining Existing Use/Development
1 2 3 4 5
1. Single-family detached - - A B B
2. Single-family zero lot line or small lot - - A B B
3. Multiplex or Townhouse A A - B B
4. Garden apartment of multifamily buildings C C B - A
5. Age-restricted multifamily C C C - -