PC 02-07-18 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 7, 2018
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) November 15, 2017 Meeting Minutes ............................................................................. (A)
3) Committee Reports ............................................................................................... (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #01-18 for Bryan M. Henry, submitted for establishment of a
landscaping contracting business in the RA (Rural Areas) Zoning District. The property
is located at 639 Reliance Road, Middletown, Virginia and is identified with Property
Identification Number 91-A-77 in the Opequon Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
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
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MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on November 15, 2017
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice
Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J.
Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel,
Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District;
Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams,
County Attorney.
ABSENT: Greg L. Unger, Back Creek District; William H. Cline, Stonewall District
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; M. Tyler Klein, Planner; Shannon L. Conner, Administrative
Assistant.
CALL TO ORDER
Chairman Wilmot called the November 15, 2017 meeting of the Frederick County
Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting
everyone to join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CPPC) – Mtg. 11/13/17
Commissioner Marston reported the committee reviewed the update to the Eastern Road
Plan and recommended approval.
City of Winchester
Commissioner Richard Fieo, Winchester City Planning Commission Liaison, reported the
Commission has not met since our last meeting on November 1, 2017.
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting.
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PUBLIC HEARING
Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone submitted by
Lawson and Silek, PLC., to rezone 394.2 acres from the EM (Extractive Manufacturing) District
with proffers to the EM (Extractive Manufacturing) District with revised proffers. The properties
are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is
located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and
is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by
Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The pro perties are
identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek
Magisterial District.
Action – Postponed for 90 days
Candice E. Perkins, Assistant Director reported this is a request to amend the proffers
associated with Rezoning #03-06 which was approved in 2008. She continued, at that time 394 acres was
rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Ms. Perkins noted
the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, Berm heights and
installation timing, landscaping exhibit removal, and cemetery access. She presented a locations map of
the property.
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Ms. Perkins reported the amendment seeks to remove the previously proffered Overall
Plan, Phasing I-II-III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the
General Development Plan (GDP); this amendment seeks to eliminate these components and only utilize
one (1) GDP. Ms. Perkins presented the GDP which is generally consistent with the outline of the
previously approved GDP in reference to the Berm locations on the properties. Ms. Perkins reviewed the
proffers revisions:
Viewshed Plans, Berm Heights, and Berm Installation Timing:
• The viewshed plans from the approved rezoning depicted the proposed berm
heights that would provide screening and protection for surrounding properties.
• Berm heights ranged from 10’ to 30’ as depicted on the viewshed plans.
• Berm timing – Berms A and B were to be installed within 10 years of rezoning
approval (installation by 2018). Berms C and D were to be installed no later
than 10 years before the commencement of mining north of Chapel Road.
• This amendment removes all minimum/maximum heights and timing is now
prior to the commencement of any extraction of materials.
Cemetery Access:
• Amendment seeks to eliminate the Marsh Brook Lane access and provide a
new right-of-way that would provide access to the cemetery via Chapel Road.
*(the approved rezoning stated that the applicant would improve the
Marsh Brook Lane access within 12 months of completion of the
cemetery restoration)
• The proposed amendment does not contain a timeline for the installation of this
accessway and does not contain a backup if agency approval cannot be
obtained for the new access point on Chapel Road.
Ms. Perkins noted it appears this proposed proffer amendment will have a great impact
on the surrounding residential properties. She continued, the Applicant has not provided justification that
the berm revisions and the changes requested would mitigate the impacts on the surrounding properties.
Commissioner Thomas inquired about the rights to water supply in paragraph 4.1 of the
proffers. Ms. Perkins explained this afternoon a proffer amendment was received from Mr. Ty Lawson;
Staff and the County Attorney were not able to review these prior to this meeting and cannot comment on
them at this time.
Commissioner Oates asked how long has the Applicant been working with Staff on these
revisions. Ms. Perkins noted in June 2017 comments were provided to the Applicant.
Commissioner Thomas inquired, in the original proffers there were a lot of commitments
as far as pre-blast surveys of the properties surrounding the quarry; who was responsibl e in making sure
the Applicant performed those commitments that were agreed to in the original rezoning; is the County
involved in that, specifically the surveys concerning property conditions, water well conditions, and
seismic monitoring. Michael T. Ruddy, Director reported it is the Applicant’s responsibility to make sure
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they are fulfilling their proffers; should it arise that those proffers are not being fulfilled or there is a
complaint, that would be investigated and determined if the proffers are being met or not. Commissioner
Thomas asked has Staff heard anything from residents that the proffers were not implemented as
originally agreed to. Mr. Ruddy commented no, not at this time.
Commissioner Kenney requested clarification on the berms being installed and
landscaped prior to commencement of permitting; the revised statement reads “at permitting”. Ms.
Perkins explained she can only comment on the one included in the agenda. She noted the one in the
agenda reads “shall be installed at the commencement of permitting”.
Commissioner Mohn commented as currently proffered and approved, to clarify, the
height of the berms is up to the Applicant. Ms. Perkins stated that is correct, the berm height is the
Applicants discretion and they eliminated the landscaping detail. Commissioner Mohn commented the
current approval offers more to work with; the new proposal has no specificity.
Commissioner Triplett inquired what timeframe will be put in place for the berms to be
built. Ms. Perkins commented there will not be a timeframe with this proposal.
Commissioner Oates commented for clarity and should ignore what was submitted just a
few hours ago and focus on what is in the agenda.
Commissioner Kenney asked how close the berms on the north end are from the
residential strip of community housing there. Ms. Perkins deferred this question to the Applicant as to if
they have an exact distance planned for the old and new proffers.
Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C representing the
Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the
berms; on the north end of the property. In response to Commissioner Oates; Mr. Lawson noted when
this exercise was started it was written in a way to just focus on things they wanted to change, as things
developed it was pointed out with this rezoning being relatively old a lot has been done therefore what has
been accomplished should be considered. Mr. Lawson continued 36+ acres has been conveyed to the
Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation
Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr.
Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical
reserve grew to 36 acres; Phase I archeological study; Two (2) cemeteries were restored; ground water,
labeled as completed but under way; pre-blast surveys are ongoing (have contacted 105 families); noise
requirements are the same; well monitoring is ongoing; phasing of berms A and B is complete.
Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and
different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms placing
berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing
proffers states the berms be installed ten (10) years prior to mining activities, this has been rem oved and
replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided
photos of the viewshed and the GDP. Commissioner Thomas inquired why the berms are being located
behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is
underground therefore the point is to be able to install the berms 100 ft. off the property line in turn
making the impacts less severe. Commissioner Thomas commented, to simplify; relocating the berms
now depends on where the high-quality mineral is to be mined. Mr. Lawson stated that is partially
correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for
neighbors also. Commissioner Thomas noted relocating the berms has no bearing on the height of the
berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but somehow
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became part of the public process; this is not something the company wanted, and the intent is to vary the
berm sizes.
Commissioner Thomas requested clarification that the 85 property owners within the
property boundary have been contacted regarding pre-blast surveys. Mr. Lawson noted the Applicant
contacted all property owners, also offered pre-blast surveys and well monitoring at the Applicant’s
expense; some have taken advantage of this and others have not. Commissioner Thomas asked if
someone comes forth years down the road with problems on their property or structure, how would
Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers
in advance therefore having something to go by. He noted the existing proffers do not change obligations
to one another; complaints and questions are addressed by the company at all times. Commissioner
Thomas asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the
monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown VA operation came
forward. He reported the operation at Chemstone monitors every blast; they have permanent seismic
graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently
there are no monitors at the northern end where this is no mining yet; they do place mobile units if
necessary. Commissioner Thomas inquired has there been any reported impacts/damages from blasting.
Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the
blast is felt stronger than normal. He reiterated, they do monitor all blasts.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Ms. Barbara Basil of 379 Westernview Drive came forward with comments and
concerns. She explained she would like to see this item delayed as there has not been adequate time to
review or meet with the Applicant; she disagrees with Mr. Lawson that revised proffers do not seek to
remove any protection to the property owners; the berms are t he primary protection to homeowners; the
height of the berms being at the Applicants discretion is grossly ambiguous; she has owned her property
for seven (7) years and has never been contacted by Carmeuse to offer the protections of a well survey or
foundation survey. Ms. Basil concluded the timeline for the berms is significant and a timeline needs to
be in place and the current proffers that have been in place need to be abided by.
Mr. Keion Banks of 443 Westernview Drive came forward. Mr. Banks shared his
concerns: he feels the proffers are vague and ambiguous in the wording; there are no measurable
standards in place; he would request this rezoning be tabled for further study.
Mr. Keith McNeely of 443 Westernview Drive commented he has met with Carmeuse, he
continues to feel the berms are an issue; very few residents have been contacted; requests that more time
be given to review this rezoning.
Mr. Kevin Barrington of Westernview Drive spoke. He shared his concerns and
comments: he has never been contacted by Carmeuse for any type of survey; the berms are not enough
protection; wants to have a water survey done; would like more time for this rezoning to be processed;
stated Carmeuse is not a good neighbor and have not held up to their end of the deal.
Mr. Bill Hunter of Westernview Drive commented he has not been contacted by
Carmeuse. He continued, the property line distance is inadequate; he would like to request the Planning
Commission soften the blow this quarry will cause and would like to have this item tabled for further
study.
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Ms. Laurie Hunter of Westernview Drive commented the photos provided by Mr.
Lawson are inadequate and do no show everything.
Mr. Paul Clevenger came forward and expressed his opposition to this rezoning.
Mr. Paul Kissack shared three basic concerns with this rezoning: would request this be
postponed allowing the community to meet with Carmeuse; how many acres is this going to encompass
and what is the status of a tunnel that was mentioned at some poi nt; what happens to the water sources
that are on the property. He addressed the mapping presented by Staff. He noted, more information
needs to be provided to the citizens and surrounding property owners.
Ms. Patty Hammer of Westernview Drive commented she has not received any
notifications or offers from Carmeuse.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately
100 feet from the property line under the existing proffers; the Applicant has copies of notifications/letters
that were sent to property owners for pre-blast surveys and well monitoring.
Commissioner Mohn reminded everyone this item is not about the rezoning, it is
pertaining to the proffers being amended. He commented he is agreeable to a delay on this and noted
community engagement is extremely important.
Commissioner Oates commented, this item must be acted on in a timely manner and
cannot be moved to Spring 2018; he agrees to a postponement. Commissioner Oates continued, he urges
the citizens to take advantage of the offer made by Carmeuse for pre-blast surveys and well monitoring so
there can be a base starting point down the road. He concluded, the language is very ambiguous and
vague; the Applicant needs to put back in the drawings and examples and put things in writing so that it is
very clear.
Commissioner Marston agreed with Commissioner Oates comments, he noted he does
not like last minute items being presented.
Commissioner Thomas commented his concern is if the Applicant is upholding the
original proffers and urged the citizens to take part in all surveys offered by the Applicant.
Upon motion made by Commissioner Marston and seconded by Commissioner Mohn
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
postponement for 90 days with a Public Hearing to be held on Rezoning #05-17 for O.N. Minerals
(Chemstone) d/b/a Carmeuse Lime & Stone submitted by Lawson and Silek, PLC., to rezone 394.2 acres
from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing)
District with revised proffers. The properties are situat ed generally west of the Town of Middletown.
Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and
adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern
Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route
624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the
Back Creek Magisterial District.
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(Note: Commissioners Unger and Cline were absent from the meeting)
Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a
special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212
Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification
Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Planner reported this request is for use of an existing barn/guesthouse for
a special event facility. He continued, the property is located at 4212 Apple Pie Ridge Road in the
Stonewall Magisterial District, the parcels for this application are 22 -A-89 and 22-A-94 presently zoned
RA (Rural Areas), and the current land use is Agricultural/ Open Space. Mr. Klein noted the proposed
special event facility is for weddings and other similar events.
Mr. Klein presented mapping and pictures of the property. He explained, the Applicant is
proposing: to use the existing 3,784 SF two-story barn for special events; to use an existing 1-bedroom
guesthouse for special events; to construct a gravel parking area to accommodate up to 150 vehicles; to
construct a new/ separate commercial entrance; and to construct permanent restroom facilities (new septic
system and drain field). Mr. Klein noted, no permanent kitchen is proposed and will use outside catering
only; in addition, the facility may accommodate up to 290 persons.
Mr. Klein reported the proposed conditional use is consistent with the 2035
Comprehensive Plan; which supports opportunities for agritourism and agribusiness. He noted the Board
of Supervisors approved “special event facilities” as a conditional use in the RA Zoning District in May
2017. Mr. Klein stated the Applicant has addressed all review agency comments, including site access,
compliance with the building and fire safety code; and the proposed use is consistent with the County’s
policies and regulations. Mr. Klein presented the following conditions recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan shall be submitted and approved by Frederick
County prior to establishment of the use.
3. Events shall start no earlier than 10 a.m. and all events and related activities
shall conclude by midnight.
4. All outside music shall conclude by 9 p.m. and music may continue indoors
until the conclusion of the event.
5. All lighting shall be downcast to avoid glare onto adjacent properties and
residences.
6. Events may accommodate up to and not to exceed 290 persons.
7. One (1) monument style sign is permitted.
8. Any expansion or modification of this use will require the approval of a new
CUP.
Mr. and Mrs. Paul and Mary Valentino came forward and presented a brief history of
when they acquired the property and the upgrades they have made.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
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Ms. Donna Williams of 3725 Apple Pie Ridge Road came forward and shared her
concerns with the noise and traffic impacts this facility will generate. She noted they are however excited
to see this farm come back to life.
Mr. David Ray of 3749 Apple Pie Ridge Road came forward to share his concerns with
noise, traffic and his concern this will set a precedent of more venues to come in this area.
Mr. Adam Schnupp who resides at 184 Winding Hill Road came forward to express how
impressed he is with the restoration of the farm and the structures. He noted this is a very classy job and
commended the owners for a job well done.
Ms. Rebecca Morrison of the Gainesboro Magisterial District expressed her concern with
traffic on this road.
No one else came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
Commissioner Kenney commented he has been to this property and it is commendable as
to the work that has been done. He noted he feels the concerns will be handled professionally.
Commissioner Manuel commended the Applicants on land conservation and restoring
such a beautiful place.
Commissioner Oates noted he understands the traffic and noise concerns and doesn’t feel
this will be a burden; he commented VDOT will be responsible for the road maintenance.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for
establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located
at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification
Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District.
(Note: Commissioners Unger and Cline were absent from the meeting)
Eastern Road Plan/comprehensive Plan Amendment – A proposed amendment to the Frederick
County 2035 Comprehensive Plan to update and clarify a number of items on the Easter Road
Plan. The Eastern Road Plan guides road projects in Frederick County that address the long-range
transportation needs of the County.
Action – Recommend Approval
John A. Bishop, Assistant Director Transportation reported the Eastern Road Plan is the
primary transportation map in the County’s Comprehensive Plan. He continued, it is the document that
guides transportation planning in the County, keeps citizens apprized of long term transportation
planning, and assists the Board of Supervisors and County Planning Staff through land use planning
actions.
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Mr. Bishop explained the Eastern Road Plan is developed to plan a transportation
network that supports the Board of Supervisors’ long-range vision for the overall development of the
County. Mr. Bishop noted this update is primarily to incorporate VDOT work on Route 37 and Route
522 and to clean up/clarify several items as described below:
1. Route 37 – Staff is seeking to incorporate updated VDOT work on Route 37 to have
the needs shown be as up to date as possible. Included are ramps updated to more
current standards, ramp work where previously there had only been a note of a desire
for an interchange, and updates to the centerline where needed for engineering
purposes. At the proposed interchange for Snowden Bridge Boulevard there are two
scenarios shown. One scenario shows an interchange with a spacing of 8—feet while
the other interchange shows a spacing of 1,200 feet. There are positives and
negatives to both designs. The 800 feet ramp spacing allows less room for stacking
and as such would require future Snowden Bridge Boulevard to have features such as
double lefts to adequately accommodate stacking. However, the reduced spacing
results in a much smaller impact on the surrounding industrial property. The 1,200
feet ramp spacing scenario allows for better stacking and thus a narrower Snowden
Bridge Boulevard, but results in a much more significant right-of-way impact.
2. Independence Drive alignment – the current Eastern Road Plan shows an offset
between Independence Drive and what was formerly known as the Channing Drive
extension, now Constitution. This update corrects the offset.
3. Lenoir Drive – Slip ramp clarification: For many years a ramp has been shown on
the plan connecting Lenoir Drive to Route 37 at Stonewall Industrial Park. However,
as drawn currently it gives the impression that a vehicle could only exit Lenoir Drive
onto southbound Route 37. The update clarifies that traffic could exit to southbound
Route 37 and exit from southbound Route 37.
4. Route 522 Realignment – as part of their modeling and study surrounding Exit 313,
VDOT analyzed the planned Route 522 realignment and has recommended the
alignment shown in this update. The current plan has the Route 522 realignment
intersecting with Route 50/17 at Ryco Lane, whole the proposed change realigns
Route 522 to Prince Frederick Drive. The new alignment is preferable due to
improved spacing from surrounding intersections and reduced direct impact on
surrounding businesses. As part of this recommendation, VDOT vetted this
improvement through the regional travel demand model.
5. Stephens City bypass – Connector Road: The Stephens City bypass does not have
access to Route 11 due to the close proximity to the future relocated Exit 307. This
update incorporates the connector roadway from Stephens City, planning that offers
the first access back to Route 11 from the Stephens City bypass.
6. Tasker Road Alignment – This update adjusts the alignment of Tasker Road to match
the work completed by VDOT in the vicinity of I-81, Exit 310.
Mr. Bishop concluded Staff is further seeking recommendation to the Board of
Supervisors on whether to incorporate the changes outlined into the Comprehensive Plan and a
recommendation on the proposed changes with the 800’ alternative for Snowden Bridge Boulevard. He
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noted, the Transportation Committee reviewed this on October 30, 2017 and the CPPC reviewed it on
November 13, 2017; both committees recommended approval.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public
comment portion of the hearing.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval Eastern Road Plan/Comprehensive Plan Amendment – A proposed amendment to the Frederick
County 2035 Comprehensive Plan to update and clarify a number of items on the Easter Road Plan. The
Eastern Road Plan guides road projects in Frederick County that address the long -range transportation
needs of the County.
(Note: Commissioners Unger and Cline were absent from the meeting)
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INFORMATION / DISCUSSION ITEMS
Solar (Photovoltaic) Power Plant – Discussion of a request to add solar (photovoltaic) power
generating facilities to the use list for the RA (Rural Areas) Zoning District.
M. Tyler Klein, Planner reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list
for the RA (Rural Areas) Zoning District. He continued, under the current regulations public utility
generating facilities are allowed by-right as a “public utility” and solar generating energy facilities are
typically privately-owned and thus do not fall under the definition of a “public utility”. Mr. Klein
explained Staff has drafted a revision to the Zoning Ordinance to include a def inition for a Solar
(Photovoltaic) Energy Facility, provided supplementary use regulations, and revised the permitted use list
for the RA Zoning District. Mr. Klein provided the definition of a Solar (Photovoltaic) Energy Facility:
An energy conversion system consisting of photovoltaic panels, support structures, and associated
control, conversion, and transmission hardware on property consisting of six (6) or more acres and may
be termed a solar farm.
Mr. Klein presented the Supplementary Use Regulations for Solar (Photovoltaic) Energy
Systems:
A. An engineered site plan shall be submitted to and approve by Frederick
County.
B. The facility shall, at a minimum, meet the setback requirement for primary
structures in the RA District.
C. All wiring not on the solar arrays shall be underground except where
necessary to connect to the public utility.
Frederick County Planning Commission Page 3500
Minutes of November 15, 2017
D. Buffers and screening (including distance, opaque elements, and
landscaping) shall be determined by the Zoning Administrator at time of site
plan.
E. Within 365 days of abandonment or discontinuation, the owner of the system
shall physically remove all components of the solar energy system or the
County may have it removed at the expense of the owner.
Mr. Klein concluded, the DRRC discussed this amendment at their July, August, and
September 2017 meetings and agreed with the proposed changes.
Commissioner Kenney commended Mr. Klein on a job well done on this amendment.
Commissioner Marston commented Mr. Klein is right on que with this and he has heard some farmers are
getting requests.
Commissioner Oates commented he sees one issue with this regarding the buffers and
screening to be determined by the Zoning Administrator at time of site plan; he feels this puts the Zoning
Administrator in a tough position, should let it stand at what the zoning ordinance requires and work from
there. Commissioner Mohn agreed with Commissioner Oates and feels there needs to be a starting point
then it can be modified. Mr. Klein clarified, the panels will have to meet the primary setback, therefore at
a minimum it would be 50’.
Chairman Wilmot inquired was there a representative from the agricultural community
present. Mr. Klein noted yes, Mr. Paul Anderson was present and was in favor of this amendment. There
was no further discussion currently.
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Announcements
Mr. Michael T. Ruddy, Director invited the Planning Commission to a Joint Work
Session to be held on November 29, 2017 and the Transportation Forum on December 5, 2017 with more
information to be sent out to each member coming soon.
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Cancelation of the regular meeting
Chairman Wilmot announced there were no pending items for the Planning
Commission’s December 6, 2017 meeting.
A motion was made by Commissioner Thomas to cancel the December 6, 2017 meeting
of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously
passed.
Frederick County Planning Commission Page 3501
Minutes of November 15, 2017
ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas to adjourn the meeting. This motion was seconded by Commissioner Mohn and unanimously
passed. The meeting adjourned at 9:35 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #01-18
BRYAN M. HENRY
Staff Report for the Planning Commission
Prepared: January 26, 2018
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 them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 02/07/18 Pending
Board of Supervisors: 02/28/18 Pending
EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a
Landscaping Contracting Business. Should the Planning Commission find this application for a
landscaping contracting business 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. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to the establishment of the use.
3. One, non-illuminated, freestanding monument business sign is allowed with this Conditional
Use Permit that is no more than five (5) feet in height and no more than fifty (50) square feet
in area.
4. Hours of operation shall be Monday-Saturday 7:00 a.m. to 7:00 p.m.
5. The site should have no more than four (4) employees with Winchester-Frederick County
Health Department approval.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #01-18, Bryan M. Henry
January 26, 2018
LOCATION: This property is located 639 Reliance Road, Middletown, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 91-A-77
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: Landscaping Contracting Business
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 627, the VDOT facility which would
provide access to the property. The existing entrance is inadequate for the proposed use. Due to
the proposed use, a “low volume” commercial entrance will be required. If the site generates
more than 50 trips per day, the entrance will need to be upgraded to a full commercial entrance.
If the required entrance is installed, VDOT could support the Conditional Use Permit. This office
has no objection to the proposed conditional use.
Frederick County Inspections: No comments at this time.
Frederick County Fire Marshall: Approved
Winchester-Frederick County Health Department: The Health Department has reviewed the
request for comments for a Conditional Use Permit to operate a proposed Wood Waste
Recycling and Landscape Business at 639 Reliance Road, Middletown, Virginia. Based on
information provided by the Applicant, Mr. Bryan M. Henry, the proposed business will operate
Monday-Friday 7:00 a.m. - 5:00 p.m. and Saturday 8:00 a.m. - 12:00 p.m. The business will
employ one full-time employee, and possibly one part-time employee. The proposed business
will utilize one building as an office, with a bathroom. The bathroom will be plumbed to an
existing sewage disposal system (drain field), which serves an existing three (3) bedroom house.
Page 3
CUP #01-18, Bryan M. Henry
January 26, 2018
The Applicant is the only full-time occupant of the house. All business transaction will take
place at the grinder station; therefore, the Applicant does not anticipate any visits from the public
at the office. Therefore, this Health Department has no objections to the proposed wood waste
recycling business. In the event that the business should expand to the point that additional staff
will be employed, the Applicant is encouraged to consult with this Health Department to
determine if additional sewage disposal capacity will be required to accommodate the increase in
water usage. The dwelling and the office is currently served by a private water supply (well).
Planning and Zoning: This proposed Conditional Use Permit is for the making and selling of
mulch on site to the public and is classified as a landscape contracting business. This proposed
use will take place on a 73+/- acre tract of land located in the RA (Rural Areas) Zoning District.
A landscape contracting business is an allowed use within the RA Zoning District with an
approved Conditional Use Permit (CUP).
This proposed business will use a tub grinder to make, store, and sell mulch to the public. Based
on the description of the use provided by the Applicant, the hours of operation for the business
will be Monday-Saturday from 7:00 a.m. to 7:00 p.m. Two (2) storage bays will be used to store
mulch, there will be no more than four (4) employees on-site, with Winchester-Frederick County
Health Department approval. The site will not have more than four (4) business vehicles on the
premises. The business office for this proposed use will be within an accessory structure with
customer and employee parking. There will be one (1) monument sign to be five (5) foot in
height and no more than fifty (50) square foot sign at the site entrance facing Route 627
(Reliance Road). The ultimate configuration of the site, including customer/employee parking,
storage bays, and business sign will be determined at time of submission of an illustrative sketch
plan. The Applicant has agreed to the conditions assigned to the CUP.
The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides
guidance when considering land use actions. The location of this proposed landscape contracting
business is not in an area where a small area land use study has been adopted by the County.
Nevertheless, the proposed use is consistent with the goals of the Comprehensive Plan.
Specifically, land use goals for the rural areas of the County identify the importance of
maintaining a rural character in areas outside of the Urban Development Area (UDA). A mix of
agricultural, commercial and residential uses is envisioned.
STAFF CONCLUSIONS FOR THE 02/07/18 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
Page 4
CUP #01-18, Bryan M. Henry
January 26, 2018
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
3. One, non-illuminated, freestanding monument business sign is allowed with this
Conditional Use Permit that is no more than five (5) feet in height and no more than fifty
(50) square feet in area.
4. Hours of operation shall be Monday-Saturday 7:00 a.m. to 7:00 p.m.
5. The site shall have no more than four (4) employees with Winchester-Frederick County
Health Department approval.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
ST627
WARREN COUNTY
VIRGINIA
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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: January 3, 2018Staff: mcheran
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CUP # 01 - 18Bryan M. HenryPIN:91 - A - 77Landscaping BusinessZoning Map
CUP #01-18
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