PC 03-07-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 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) February 7, 2018 Meeting Minutes ................................................................................. (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Request of Roy McDonald and Loretta McDonald to consider adding additional
parcels into the South Frederick Agricultural and Forestal District. These properties
are located at 364 Carson Lane, Stephens City, Virginia, and are identified with Property
Identification Numbers 84-A-47B, 84-A-49B, 84-A-49G, 84-a-48 and 84-A-48A in the
Back Creek Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
6) Request of Jason McDonald and Jennifer McDonald to consider adding additional
parcels into the South Frederick Agricultural and Forestal District. These properties
are located at 388 Vaucluse Road, Stephens City, Virginia and are identified with Property
Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D and 84-A-53E in the
Back Creek Magisterial District.
Mr. Cheran ....................................................................................................................... (C)
Information/Discussion
7) Master Development Plan #01-18 for Carbaugh Business Center submitted by Stowe
Engineering, on behalf of Graystone Corporation of Virginia. This application seeks to
develop 107.21+/- acres of land zoned M1 (Light Industrial) District for light
industrial/warehousing. The subject properties are located on 831 Shady Elm Road
(Route 651), in Back Creek Magisterial District, and are identified by Property
Identification Numbers 74-A-68 and 74-A-69
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
Frederick County Planning Commission Page 3509
Minutes of February 7, 2018
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 7, 2018
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert
S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District;
Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi,
Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot, Member at Large;
Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams,
County Attorney.
ABSENT: H. Paige Manuel, Shawnee District
STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision
Administrator; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the February 7, 2018 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney 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 Thomas, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the minutes from the November 15, 2017 meeting.
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Frederick County Planning Commission Page 3510
Minutes of February 7, 2018
COMMITTEE REPORTS
Transportation Committee – Mtg. 01/22/18
Commissioner Oates reported there was a change to the Committee’s Charter to allow
three (3) Board of Supervisors and three (3) citizens to serve on the committee. He continued, the next
item was a discussion of various projects that need to be evaluated; of those, the committee will
recommend four (4) projects to the Board of Supervisors for application to the SmartScale program for
funding. He noted the program only allows four (4) projects now, and likely one or none will receive
funding. Commissioner Oates concluded the committee was given project updates on the Tevis Street
extension, Renaissance Drive, Coverstone Drive, and the Jubal Early Drive extension to Route 37.
City of Winchester – 02/06/18
Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the
Commission held a work session and discussed: A CUP for two (2) extended stay rentals; a site plan was
approved; modification to the zoning ordinance for the allowance of short term rentals.
Other
Chairman Kenney announced Commissioner Oates will be serving on the Transportation
Committee and Commissioner Dawson will now serve as the liaison to the City of Winchester.
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CITIZEN COMMENTS
Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3511
Minutes of February 7, 2018
PUBLIC HEARING
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.
Action – Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator reported this application is for
the establishment of a landscaping contracting business; the current land use is Residential, and it is zoned
RA (Rural Areas). He presented a location map of the property. Mr. Cheran continued, the proposed
CUP is for the making and selling of mulch on site to the public. He explained, a landscape contracting
business is an allowed use within the RA zoning district with an approved CUP. Mr. Cheran noted this
proposed use will take place on a 73 +/- acre tract of land located in the RA zoning district.
Mr. Cheran reported this proposed business will use a tub grinder at times. He continued,
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. Mr. Cheran explained two (2) storage bays will be
used to store the mulch, there will be no more than four (4) employees on site with Winchester -Frederick
County Health Department approval, and the site will not have more than four (4) business vehicles on
the premises. Mr. Cheran continued, the business office for this proposed use will be within an accessory
structure with customer and employee parking. He reported there will be one (1) monument sign to be 5’
in height and no more than 50 square feet at the site entrance facing Route 627 (Reliance Road). Mr.
Cheran noted, the ultimate configuration of the site, including customer/employee parking, storage bays,
and business sign will be determined at the time of submission of an illustrative sketch plan. Mr. Cheran
shared a brief sketch provided by the Applicant. Mr. Cheran reviewed the conditions for this CUP as
recommended by Staff:
1. All review agency comments 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, free standing monument business sign is allowed with
this CUP 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 CUP.
Commissioner Thomas requested clarification on the hours of operation. Mr. Cheran
stated they are to be Monday – Saturday, 7:00 a.m. to 7:00 p.m.
Mr. Bryan Henry, the Applicant came forward and presented a brief overview of his
business plan. He explained he has been clearing the land for farm use; starting the mulch grinding and
landscape business is to help offset the costs associated with farming of the land.
Frederick County Planning Commission Page 3512
Minutes of February 7, 2018
Commissioner Molden asked the Applicant if contractors would be bringing items to the
site for grinding. Mr. Henry explained that is correct; eventually he wants to have contractors and the
general public be able to bring things to grind or he will go to a site and pick the items up and bring back
for grinding. Commissioner Molden noted there is a through truck traffic ordinance on Reliance Road.
Mr. Henry responded that is correct and VDOT has given their permission for this application.
Commissioner Oates inquired what time of day will the tub grinder be in operation. Mr.
Henry explained the grinder will not be running all day; the 7:00 a.m. to 7:00 p.m. timeframe is to allow
the public to bring items early in the morning or after they get off work in the evening. Commissioner
Oates asked the Applicant if he would be willing to run the tub grinder during the hours of 9:00 a.m. to
5:00 p.m. Mr. Henry stated he would agree to that timeframe.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Mr. John Pike, property owner of 511 Reliance Road came forward and shared his
concerns of: machinery will be very noisy; air pollution from the equipment; ground runoff with potential
watershed contamination and mulch piles being unsightly and a fire hazard.
Ms. Nadeem Helfer of 439 Reliance Road came forward to share her concerns. She
asked how large the mulch piles will be at this site. Ms. Helfer mentioned her concerns of the o dor this
will create, the large piles being an eye sore, and the possible fire hazard.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Mr. Bryan Henry the Applicant came forward to address the concerns and comments. He
commented, the mulch piles will not be visible from the road and will be surrounded on four (4) sides by
woods. Regarding the noise, Mr. Henry noted it will not be any louder than the equipment being operated
today.
Commissioner Oates inquired if there will be multiple piles of mulch on the property.
Mr. Henry explained there will be a few piles and the plan is to grind and get rid of quickly.
Commissioner Dawson asked if there is a way to muffle the sound of the tub grinder.
Mr. Henry elaborated the noise of the tub grinder will not be any louder than the equipment being used
now to clear the land.
Commissioner Marston inquired who monitors the 50 trips per day and what is the
possibility of having a commercial entrance. Mr. Henry explained, the commercial entrance is going to
be put in place prior to operation.
Commissioner Unger asked if the tub grinder is being used now. Mr. Henry noted the
grinder is not in use. He explained he has been working to clear this land for years and decided to make
use of the mulch to help offset the costs of farming.
Mr. Cheran reported the illustrative sketch plan that the Applicant will provide goes
through the review agencies. He noted the through truck traffic will not be affected by this business.
Frederick County Planning Commission Page 3513
Minutes of February 7, 2018
Commissioner Oates commented he would like two (2) additional conditions to be added
to this CUP: the tub grinder to operate 9:00 a.m. – 5:00 p.m.; and the commercial entrance be constructed
now.
Commissioner Mohn agreed with adding the two (2) additional comments and he would
like the timeframe tightened a bit for the grinding process.
Commissioner Dawson requested no grinding take place on Saturdays.
Upon motion made by Commissioner Thomas and seconded by Commissioner Oates
with the addition of: tub grinder to operate Monday – Friday 9:00 a.m. to 5:00 p.m. only; and a
commercial entrance be completed prior to operation.
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
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.
The vote was as follows:
YES: Kenney, Unger, Marston, Ambrogi, Cline, Oates, Thomas, Wilmot, Triplett, Dawson, Mohn
NO: Molden
(Note: Commissioner Manuel was absent from the meeting)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously
passed. The meeting adjourned at 7:25 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
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 84-A-47B, 84-A-49B, 84-A-49G, 84-A-48A, 84-A-
48 and 85-A-3A, owned by Roy McDonald and Loretta McDonald to the
South Frederick Agricultural and Forestal District.
DATE: February 27, 2018
Please find attached a form from Roy McDonald and Loretta McDonald, dated December 8,
2017. The McDonald’s have requested to add six 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, 6,248.71+/- acres are contained in this district.
Mr. and Mrs. McDonald desire to add six parcels totaling 351.8+/- 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 January 23, 2018. The ADAC unanimously recommended that the six parcels
totaling 351.8+/- acres to be added to the South Frederick Agricultural and Forestal District.
The addition of the 351.8+/- acres will increase the South Frederick Agriculutral and Forestal
District to 6,600.51+/- 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.
Should both requests be approved by the Board of Supervisors, the South Frederick
Agricultural and Forestal District would total 6,776.32+/- acres.
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
Frederick Agricultural District Advisory Committee to increase the District, by adding six (6)
parcels of 351.8+/- acres.
LOCATION AND SIZE
This District is located in the Back Creek Magisterial District and currently contains 6,248.71+/-
acres. This proposed addition of six (6) parcels (tax map numbers 84-A-47B, 84-A-49B, 84-A-
49G, 84-A-48, 84-A-48A, and 85-A-3A) totaling 351.8+/- acres have requested to be included in
the South Frederick Agricultural and Forestal District. The addition of these six (6) parcels will
bring the acreage of the District to 6,600.51+/- acres. Please see attached map.
AGRICULTURAL & FORESTAL SIGNIFICANCE
The predominantly agricultural operations in the new 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 proposed 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 proposed 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 01/23/18
MEETING:
The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to
add six (6) parcels totaling 351.8+/- acres to the South Frederick Agricultural and Forestal
District which would increase the South Frederick Agricultural and Forestal District to
6,599.8+/- acres.
84 A 48
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Addition
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2015-2020 South Frederick Addition
Agricultural & Forestal District
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Note:
Frederick County Dept of Planning & Development
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: December 19, 2017
0111
PIN Owner Acres84 A 47B MCDONALD, ROY E & LORETTA G, TRUSTEE 121.8584 A 48 MCDONALD, ROY E & LORETTA G, TRUSTEE 204.0984 A 48A MCDONALD, ROY E & LORETTA G, TRUSTEE 6.3484 A 49B MCDONALD, ROY E & LORETTA G, TRUSTEE 10.0084 A 49G MCDONALD, ROY E & LORETTA G, TRUSTEE 5.0085 A 3A MCDONALD, ROY E & LORETTA G, TRUSTEE 4.52
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District Acreage: 6,600.51 Ac.
I 0 0.85 1.70.425 MilesNote:
Frederick County Dept of Planning & Development
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: December 19, 2017
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85 A 3A4.52 Acre Addition
84 A 47B84 A 4884 A 48A84 A 49B84 A 49G347.28 Acre Addition
C
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 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-
A-53E, owned by Jason McDonald and Jennifer McDonald to the South
Frederick Agricultural and Forestal District.
DATE: February 27, 2018
Please find attached a form from Jason McDonald and Jennifer McDonald, dated December
8, 2017. The McDonald’s have requested to add five 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, 6,248.71+/- acres are contained in this district.
Mr. and Mrs. McDonald desire to add five parcels totaling 175.81+/- 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 January 23, 2018. The ADAC unanimously recommended that the five parcels
totaling 175.81+/- acres to be added to the South Frederick Agricultural and Forestal District.
The addition of the 175.81+/- acres will increase the South Frederick Agriculutral and
Forestal District to 6,424.52+/- 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.
Should both requests be approved by the Board of Supervi sors, the South Frederick
Agricultural and Forestal District would total 6,776.32+/- acres.
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
Frederick Agricultural District Advisory Committee to increase the District, to add five parcels
of 175.81+/- acres.
LOCATION AND SIZE
This District is located in the Back Creek Magisterial District and currently contains 6,248+/-
acres. The proposed addition of five parcels (tax map numbers: (84,-A-6D, 84-A-49E, 84-A-
53C, 84-A-53D, and 84-A-53E) will bring the acreage of the District to 6,423.81+/- acres. Five
parcels (tax map numbers 84,-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E) totaling
175.81+/- acres have requested to be included in the South Frederick Agricultural and Forestal
District. Please see attached map.
AGRICULTURAL & FORESTAL SIGNIFICANCE
The predominantly agricultural operations in the new 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 proposed 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 proposed 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 01/23/18
MEETING:
The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to
add five (5) parcels totaling 175.81+/- acres to the South Frederick Agricultural and Forestal
District which would increase the South Frederick to 6,423.81+/- acres.
84 A 6D
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Frederick County Dept of Planning & Development
107 N Kent St. Suite 202, Winchester, VA 22601
540 - 665 - 5651
Map Created: December 19, 2017
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PIN Owner Acres84 A 6D MCDONALD, JASON S & JENNIFER A 95.9884 A 49E MCDONALD, JASON S & JENNIFER A 5.4084 A 53C MCDONALD, JASON S & JENNIFER A 16.5184 A 53D MCDONALD, JASON S & JENNIFER A 31.8484 A 53E MCDONALD, JASON S & JENNIFER A 26.08
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District Acreage: 6,776.32 Ac.
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Frederick County Dept of Planning & Development
107 N Kent St. Suite 202, Winchester, VA 22601
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Map Created: December 19, 2017
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84 A 6D84 A 49E84 A 53C84 A 53D84 A 53E175.81 Acre Addition
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MASTER DEVELOPMENT PLAN #01-18
Carbaugh Business Center
Staff Report for the Planning Commission
Prepared: February 23, 2018
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 in the review of this application. It may
also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 03/07/18 Pending
Board of Supervisors: 04/11/18 Pending
PROPOSAL: The Applicant seeks to develop 107.21 acres of land zoned M1 (Light Industrial) for the
purposes of developing light industrial and warehousing uses. This Master Development Plan (MDP)
also includes dedication of 60 feet (FT) of right-of-way (ROW) along Shady Elm Road (Route 651), 20
FT of ROW along future Renaissance Drive (extended), a maximum of two (2) commercial entrances
along Renaissance Drive, and buffering and screening.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 74-A-68 & 74-A-69
LOCATION: The properties are located immediately south of Shady Elm Road (Route 651) and
immediately north of the CSX Railroad (see attached vicinity map).
PROPERTY ZONING & PRESENT USE:
Zoned: M1 (Light Industrial) Use: Residential/Agricultural
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: M1 (Light Industrial) Use: Vacant/Unimproved
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
STAFF CONCLUSIONS FOR THE 03/07/18 PLANNING COMMISSION MEETING:
The Master Development Plan for Carbaugh Business Center appears to be consistent with the
requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and
this MDP is in a form that is administratively approvable. The MDP is also in conformance with the
proffers for the approved Rezoning #04-17. All of the issues brought forth by the Planning Commission
should be appropriately addressed by the Applicant.
It appears that the application meets all requirements. Following presentation of the application to the
Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is
prepared to proceed to approval of the application.
MDP #01-18, Carbaugh Business Center
February 23, 2018
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The draft master development plan for this property appears
to have a measurable impact on Route 651, the initial VDOT facility that would provide access to the
property. The application as presented appears acceptable. Before development, this office will require
a complete set of construction plans detailing entrance design, drainage features and traffic flow data.
Please see attached letter dated January 24, 2018.
Frederick County Fire Marshal: MDP approved.
Please see attached letter dated December 27, 2017.
Frederick County Public Works: Upon review of the master development plan (MDP), we offer the
following comments:
The plan shows a wastewater force main running north along the existing CSX Railroad. The
development of this force main will need to be coordinated with the construction of the future
Renaissance Drive. Also, the overhead power line running through this area (triple-3 phase line owned
by Rappahannock Electric Cooperative (REC)) will have to be buried underground so it will not conflict
with the construction of the bridge for the subject road. The force main will need to be place so it will
not conflict with the underground power lines.
Due to existing karst geology, an extensive geotechnical engineering evaluation will be need at the time
of site plan development.
Please see attached letter dated February 12, 2018.
Virginia Department of Health: Please see attached letters dated December 21, 2017 and July 18,
2017 from Herbert Cormier, Environmental Health Supervisor.
Frederick Water: Please see attached letter dated January 24, 2018 from Eric R. Lawrence, Executive
Director.
Planning & Zoning:
A) Master Development Plan Requirement
A Master Development Plan is required prior to development of this property. Before a MDP
can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all
relevant review agencies. Approval may only be granted if the MDP conforms to all
requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the
MDP is to promote orderly and planned development of the property within Frederick County
that suits the characteristics of the land, is harmonious with adjoining property and is in the best
interest of the general public.
B) Site History
On December 13, 2017, the Board of Supervisors approved Rezoning Application (REZ) #04 -16
MDP #01-18, Carbaugh Business Center
February 23, 2018
Page 3
which rezoned approximately 107.21-acres from the RA (Rural Areas) Zoning District to the M1
(Light Industrial) Zoning District to enable to construction of light industrial and warehouse-type
uses with proffered improvements, including dedication of right-of-way for future transportation
enhancements and buffering and screening.
C) Site Suitability & Project Scope
Comprehensive Plan:
The 2035 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.
Land Use Compatibility:
The subject properties are located within the limits of the Sewer and Water Ser vice Area
(SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan.
The Kernstown Area Plan identifies these properties with an industrial land use designation as
outlined in the Shady Elm Economic Development Area, which is generally consistent with the
requested M1 zoning designation.
The Shady Elm Economic Development Area is designed to be a significant area of industrial
and commercial opportunity that is fully supportive of the County Economic Development
Authority’s targeted goals and strategies. The intent of the industrial designation is to further
enhance the County’s commercial and industrial areas and to provide focus to the County’s
future regional employment centers.
Site Access and Transportation:
The Eastern Road Plan of the 2035 Comprehensive Plan and the Kernstown Area Plan both call
for the extension of a new major collector roadway though the subject parcel (74-A-68), which is
adjacent to the Artillery Business Center Development which was rezoned in 2007 and revised in
2015. This new major collector roadway, Renaissance Drive, has been constructed from Valley
Pike (Route 11) to the limits of the CXS Railroad. The 2035 Comprehensive Plan calls for this
roadway to be extended to Shady Elm Road. The plan also calls for Shady Elm Road to be
improved four lane divided collector roadway. Site access to the subject property will be
provided via two entrances on Renaissance Drive.
STAFF CONCLUSIONS FOR THE 03/07/18 PLANNING COMMISSION MEETING:
The Master Development Plan for Carbaugh Business Center appears to be consistent with the
requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and
this MDP is in a form that is administratively approvable. The MDP is also in conformance with the
proffers for the approved Rezoning #04-17. All of the issues brought forth by the Planning Commission
should be appropriately addressed by the Applicant.
It appears that the application meets all requirements. Following presentation of the application to the
Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is
prepared to proceed to approval of the application.
SHADYELM FARMSSubdivision
KERNSTOWNBUSINESS PARKSubdivision
HEDGEBROOKHILLSSubdivision
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74 A 65
74 A 54
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74 A 58 74 A 73
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74 A 61
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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: February 13, 2018Staff: tklein
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MDP # 01 - 18Carbaugh Business CenterPINs:74 - A - 68, 74 - A - 69Zoning Map
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MDP # 01 - 18Carbaugh Business CenterPINs:74 - A - 68, 74 - A - 69Zoning Map
MDP #01-18
MDP #01-18
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HEDGEBROOKHILLSSubdivision
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74 A 65
74 A 54
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74 A 58 74 A 73
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75 A 1674 A 59
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74 A 69
74 A 70 75 A 13
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74 A 63
74 A 68
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 13, 2018Staff: tklein
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MDP # 01 - 18Carbaugh Business CenterPINs:74 - A - 68, 74 - A - 69Location Map
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MDP # 01 - 18Carbaugh Business CenterPINs:74 - A - 68, 74 - A - 69Location Map
MDP #01-18
MDP #01-18