HomeMy WebLinkAboutPC 06-06-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 6, 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) April 4, 2018 Meeting Minutes ........................................................................................ (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to
rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers. The properties are located at the southern terminus of Lenior D rive
(Route F-732) and are identified by Property Identification Numbers 43-A-21, 43-A-21B,
43-19-4 and 43-A-24.
Ms. Perkins ...................................................................................................................... (B)
6) Conditional Use Permit #07-18 for Winchester 101 LLC., for a revision to the conditions
of Conditional Use Permit #13-96 submitted to change the hours of operation. The property
is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property
Identification Number 40-A-66D in the Gainesboro Magisterial District in the RA (Rural
Areas) Zoning District.
Mr. Cheran ....................................................................................................................... (C)
7) Draft Update of the 2018-2019 Frederick County Primary and Interstate Road
Improvement Plans – The Primary and Interstate Road Improvement Plans establish
priorities for improvements to the Primary and Interstate road networks within Frederick
Cunty. Comments from the Transportation Committee will be forward to the Planning
Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board
of Supervisors will be forwarded to the Commonwealth Transportation Board for
consideration.
The Virginia Department of Transportation and the Planning Commission of
Frederick County, in accordance with Section 33.2-331 of the Code of Virginia, will
conduct a joint public hearing in the Board Room of the Frederick County
-2-
Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m. on
Wednesday, June 6, 2018. The purpose of this public hearing is to receive public
comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year
2019. Copies of the proposed Plan and Budget may be reviewed at the Edinburg Office
of the Virginia Department of Transportation, located at 14031 Old Valley Pike,
Edinburg, Virginia or at the Frederick County offices located at 107 North Kent Street,
Winchester, Virginia. All projects in the Secondary Road Improvement Plan that are
eligible for federal funds will be included in the Statewide Transportation Improvement
Program (STIP), which documents how Virginia will obligate federal transportation
funds. Persons requiring special assistance to attend and participate in this hearing
should contact the Virginia Department of Transportation at 1-800-367-7623. Persons
wishing to speak at this public hearing should contact the Frederick County Planning
Department at 540-665-5651.
Mr. Bishop ....................................................................................................................... (D)
8) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning,
ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS;
AND REGULATIONS FOR SEPECIFIC USES, Buffers and Landscaping §165-
203.02 Buffer and screening requirements; ARTICLE XI BUFFER AND
SCREENING DIAGRAMS, Part 1101 – Diagrams §165-1101.01 Buffer and
screening. Revision to the Frederick County Zoning Ordinance to modify requirements
for residential separation buffers in the RP (Residential Performance) Zoning District.
Mr. Klein .......................................................................................................................... (E)
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 3528
Minutes of April 4, 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 April 4, 2018
PRESENT: Kevin Kenney, Chairman; 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; H. Paige Manuel, Shawnee
District; June M. Wilmot, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson,
Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, Gainesboro District.
STAFF PRESENT: Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision
Administrator; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the April 4, 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 Cline, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Marston, the
Planning Commission unanimously adopted the minutes from the February 21, 2018 and March 7, 2018
meetings.
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Frederick County Planning Commission Page 3529
Minutes of April 4, 2018
COMMITTEE REPORTS
Transportation Committee – Mtg. 03/26/18
Commissioner Oates reported the committee discussed three items: the Ruebuck Lane
Petition that was approved; the MPO work program; and an update to County Projects.
Frederick Water – Mtg. 03/22/18
Commissioner Unger reported the Board adopted the following: An Annual Sewer Meter
Calibration Fee as well as a Plan Review Fee; the annual wastewater subsidy calculation for the Lake
Frederick Development; New water and wastewater rates for services provided to the Town of Stephens
City. He continued, Frederick Water will hold a public hearing on April 17, 2018 to receive comments on
the proposed FY2019-28 Capital Improvement Plan. Commissioner Unger reported the customer base is
now over 15,600 connections and the monthly water use averaged 5.42 MGD. He concluded, the Diehl’s
north quarry continues to maintain its quarry water level at 650.3 feet; the Anderson’s quarry level has
gained 3 feet and is now at the water level of 586.2 feet; rainfall was 2.82 inches, slightly below average;
the quarries are holding their own, and it is anticipated their seasonal recharge will be apparent over the
next month.
Historic Resources Advisory Board – Mtg. 03/20/18
Commissioner Cline reported the Board approved and sent forward a Conditional Use
Permit for West Oaks Special Event Center and a Rezoning application for Stonewall VI.
Conservation Easement Authority – Mtg. 03/22/18
Chairman Kenney reported the Authority held its organizational activities to include:
Election of Chairman, Vice Chairman, Treasurer, and Secretary; Adoption of Bylaws; and Selection of
Meeting Dates and Times. He noted the members will be meeting with land owners one on one to discuss
options.
City of Winchester – Mtg. 04/03/18
Commissioner Loring, Winchester City Planning Commission Liaison, reported the
Commission discussed 3 Conditional Use Permits, 1 Rezoning of 27 townhomes, and 1 text amendment
update.
Board of Supervisors – Mtg. 3/28/18
Board of Supervisors’ Liaison, Supervisor Shannon Trout reported the Board discussed
the budget and did not pursue any Planning Commission items.
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Frederick County Planning Commission Page 3530
Minutes of April 4, 2018
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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PUBLIC HEARING
Conditional Use Permit #02-18 for Alisha Feltner submitted for a cottage occupation for a nail
salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with
Property Identification Number 51-A-129 in the Back Creek Magisterial District.
Action – Recommend Approval
Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request for a
Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single
family detached structure. He continued, the property is currently zoned RA (Rural Areas) District and
the current land use is residential. Mr. Cheran noted the surrounding properties are also zoned RA and
the uses are residential. He provided a location map of the property. Mr. Cheran continued, the Zoning
Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) District with an approved
Conditional Use Permit. He explained, this proposed use will take place within one room of the basement
of the Applicant’s single-family dwelling. Mr. Cheran noted, the Applicant is proposing one pedicure
chair, one nail counter, a waiting area, and a retail counter as depicted on the sketch provided by the
Applicant. Mr. Cheran presented the conditions as recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. No signage allowed with this Conditional Use Permit.
3. Hours of Operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday.
4. No more than eight (8) customers per week.
5. No employees permitted, beyond those residing on the premises.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Commissioner Oates commented, a letter was received from the HOA stating there are no
businesses allowed in the homes; he reminded everyone this is a private covenant and outside the hands
of the County. Mr. Cheran explained the HOA does have private covenants and the Applicant has met the
requirements of a Cottage Occupation. Mr. Roderick Williams, County Attorney, clarified the letter from
the HOA actually states there are no restrictions in the covenants preventing a home-based business.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time.
Julie Zuckerman residing at 220 Layside Drive came forward with her concerns of the
traffic this will generate, the disruption to their peaceful private neighborhood, and she feels this will open
the door for other businesses to evolve in the subdivision creating an issue to the security of everyone
residing there.
Frederick County Planning Commission Page 3531
Minutes of April 4, 2018
Lisa Creamer of 427 Layside Drive read from the covenants which state; All said lots
shall be used for residential purposes only. She shared her concerns with traffic and the disruption in
privacy.
Bettina Eutsler of 181 Sawyer Lane stated this subdivision is for residential purposes
only and businesses should not be allowed. She noted the HOA has not voted on this.
Laura Clark of 393 Layside Drive shared her concerns with traffic and the privacy of
longtime residents being disturbed.
William Hudnutt of 357 Layside Drive and the President of the HOA commented the
covenants do not restrict this home-based business; this will be an agenda item at the annual meeting and
to restrict this, the declaration would have to be changed. He noted the HOA is scheduled to meet on
May 12, 2018.
David Hershey of 269 Pinnacle Ridge commented his concern is opening the door for
future businesses within the development.
Laura Sperling of 256 Sawyer Lane echoed the concerns of her neighbors regarding
traffic, privacy, and security.
No one else came forward to speak and Chairman Kenney closed the public comment
portion of the hearing.
Alisha Feltner, the Applicant came forward and explained; her clients would consist of 8
a week. She noted she has been doing nails for over 16 years and she respects her neighbors.
Commissioner Unger asked the Applicant if she has been doing nails out of this location prior to this
CUP. Ms. Feltner replied no she has not. Commissioner Unger commented he does not see how 8 people
a week would disturb the neighborhood.
Commissioner Oates commented, the Planning Commission needs to vote how it will
affect the County and surrounding area and not apply the covenants of the HOA since that is a private
matter.
Commissioner Mohn stated he respects the neighbors and the Planning Commission
needs to look at this as being acceptable based on the conditions; 8 people a week is not many.
Upon motion made by Commissioner Unger and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #02-18 for Alisha Feltner submitted for a cottage occupation for a
nail salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with
Property Identification Number 51-A-129 in the Back Creek Magisterial District.
(Note: Commissioners Thomas and Triplett were absent from the meeting)
Frederick County Planning Commission Page 3532
Minutes of April 4, 2018
Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC., submitted for establishment of a
special event facility in the RA (Rural Areas) Zoning District. The property is located at 266
Vaucluse Road, Stephens City, Virginia and is identified with Property Identification Number 85-
A-6C in the Back Creek Magisterial District.
Action – Recommend Approval
M. Tyler Klein, Planner, reported this is an application for consideration of a special
events facility at 266 Vaucluse Road, Stephens City in the Back Creek Magisterial District and identified
with Property Identification Number 85-A-6C. Mr. Klein continued, the property is currently zoned RA
(Rural Areas) District as are the surrounding properties and the current land use is Residential. He noted
the proposed use if for a special events facility for weddings and other similar types of events. Mr. Klein
presented an aerial photo of the site. He explained the Applicant has been operating a special event
facility for weddings and other events since 2012 under the County’s annual Festival Permit process. Mr.
Klein noted, the application proposes: to use an existing open outdoor pavilion with retractable sides and
use of existing storage building; Allow use of temporary tents to accommodate larger gatherings; Use of
temporary restroom facilities to be brought in for each event; Use of outside catering, no food will be
prepared on site; use of existing gravel parking area; and proposes the special events may accommodate
up to 450 persons. Mr. Klein provided and overview of the Applicant’s site.
Mr. Klein reported the proposed conditional use is consistent with the 2035
Comprehensive Plan; which supports opportunities for agritourism and agribusiness. He continued, the
Board of Supervisors approved “special event facilities” as a conditional use in the RA Zoning District in
May 2017. He noted 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 reviewed the conditions as recommended by Staff:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article
VIII of the Frederick County Zoning Ordinance, shall be submitted to and
approved by Frederick County prior to the establishment of the use.
3. A commercial entrance, including recordation of a site distance easement,
should be permitted and complete within one (1) year of approval of this
CUP.
4. Events shall start no earlier than 10 a.m. and all events and related activities
shall conclude by midnight.
5. Events may accommodate up to and not to exceed 450 persons.
6. 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.
7. Any expansion or modification of this use will require the approval of a new
CUP.
Commissioner Oates asked why changing the need of a site plan to an illustrative sketch
plan and noted the comments from the Health Department. Mr. Klein explained the site plan is not
required in the B2, therefore the illustrative sketch plan is acceptable. Regarding the Health Department
comment of a drain field; Mr. Klein explained, the Applicant intended to continue to use portable
restroom facilities, which would be screened from view satisfying the supplemental use regulations
outlined in the Zoning Ordinance. Mr. Klein noted in the future if the Applicant wanted to construct
permanent restroom facilities, he would need to comply with the Health Department standards.
Frederick County Planning Commission Page 3533
Minutes of April 4, 2018
Commissioner Unger inquired why VDOT is requiring the Applicant to put in a paved
entrance when this is off a dirt road. Mr. Klein explained the comment from VDOT was to apply for a
commercial entrance permit and improve the sight distance in either direction from the driveway. He
continued, the Applicant has removed some of the vegetation to improve visibility left and right and had
already reached out to VDOT Staff about what would need to be done for his entrance, and/or if there was
another standard that could be applied given his driveway was gravel as is Vaucluse Road.
Mr. DeMarchi Spears, the Applicant spoke reaffirming his request for the special event
facility and that he intended to comply with the VDOT requirement for a commercial entrance to
whatever standard would satisfy their comments within the one (1) year time frame stipulated in the
Conditions of Approval.
Chairman Kenney 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 Kenney closed the public
comment portion of the hearing.
Upon motion made by Commissioner Unger and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC., submitted for establishment of
a special event facility in the RA (Rural Areas) Zoning District. The property is located at 266 Vaucluse
Road, Stephens City, Virginia and is identified with Property Identification Number 85 -A-6C in the Back
Creek Magisterial District.
(Note: Commissioners Thomas and Triplett were absent from the meeting)
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INFORMATION/DISCUSSION
Master Development Plan #02-18 for Regents Crest Subdivision submitted by Painter-Lewis,
P.L.C., on behalf of Jennings Investments. This application seeks to develop 9.9+/- acres of land
zoned RP (Residential Performance) District and B2 (General Business) District for townhomes
and single-family small lots attached. The subject properties are located generally south of
Trafalgar Square on the south side of Route 522, in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 53-7-1 through 53-7-66 and 53-7-66A.
M. Tyler Klein, Planner, reported this is a proposal to develop 8.88 acres of property
zoned RP (Residential Performance) District and 1.02 acres zoned B2 (General Business) District into 95
townhome units and four (4) single-family small lot (attached) unites. He continued the subject properties
were not part of a rezoning or other legislative application. He noted a prior MDP was approved in 2004.
Mr. Klein presented a location map of the property. Mr. Klein explained the Applicant proposes: 95
townhomes and 4 single-family small lot units; Access to the site from Trafalgar Square; A network of
internal streets (Sage Circle, Reign Way, Lance Way) for circulation throughout the development;
Sidewalks will be provided on either side of internal streets for pedestrian connectivity within the
development; A 5’ trail along the perimeter of the property for recreation.
Frederick County Planning Commission Page 3534
Minutes of April 4, 2018
Mr. Klein concluded the Master Development Plan for Regents Crest 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.
Commissioner Oates noted, what was approved before was a large buffer between this
area and the neighbors to the East; now townhomes could be placed right up against that line. Mr. Klein
explained, in the fall of 2017 the zoning district buffer standards between townhomes and single-family
homes was changed which reduced the buffer to approximately half.
Commissioner Unger inquired where the pull off will be for a school bus. Mr. John
Lewis of Painter-Lewis PLC commented, the streets are private therefore the bus will turn around at the
cul-de-sac.
Commissioner Oates requested clarification on the buffer to the east and what is being
done regarding storm water management. Mr. Lewis explained the storm water management has been in
place since 2006; regarding the buffers, it is a full screen buffer, 15’ inactive and 10’ active, and there will
be an opaque element and planting. Commissioner Oates asked if the opaque element will be a fence or a
berm. Mr. Lewis stated there will not be an opaque element along the east because there is a 30’ drop and
a fence would not help; the remainder will be a fence.
Shipping Containers – Discussion on revisions to the Frederick County Zoning Ordinance to
restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also
known as intermodal containers, cargo containers, freight containers, or ISO containers) as
accessory structures in certain districts.
Action – Recommend Approval
M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance to restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers,
also known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory
storage in certain districts. He continued, the current zoning ordinance does not specifically address
shipping containers, only where tractor trailers may be parked or stored. Mr. Klein noted shipping
containers as accessory storage have been identified as a concern. He reported a revision has been drafted
to the Zoning Ordinance to: Restrict the use of shipping containers as accessory storage in the RP, R4,
R5, and on lots of less than 6 acres in the RA Districts; Allow shipping contain ers as storage on RA lots
greater than 6 acres where containers meet the 15’ side/rear setbacks for accessory structures; Restrict use
of shipping containers as storage in business and industrial districts only where they are contained
completely within a screened outdoor storage yard and the containers may not be stacked. Mr. Klein
explained, it was originally proposed to restrict the use of shipping containers as accessory storage in all
zoning districts except where used as storage during construction activities where they would be removed
prior to occupancy. He noted the DRRC discussed this amendment at their February 26, 2018 meeting
and recommended further revisions to the text to only restrict the use of shipping containers as storage
under certain conditions and in certain districts.
Commissioner Oates commented, to clarify, if someone puts a shipping container on a lot
less than 6 acres in the RA District, it would be allowed if it’s put inside a building where it would not be
visible or exposed. Mr. Klein noted that is correct if contained within a building.
Frederick County Planning Commission Page 3535
Minutes of April 4, 2018
Commissioner Unger commented, he has spoke with several individuals who are curious
where the 6-acre amount comes from; he stated he would not mind if it were raised to 10 acres.
Upon motion made by Commissioner Oates and seconded by Commissioner Cline
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of
Shipping Containers – revisions to the Frederick County Zoning Ordinance to restrict the use of shipping
containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers,
cargo containers, freight containers, or ISO containers) as accessory structures in certain districts.
(Note: Commissioners Thomas and Triplett were absent from the meeting)
Self-Storage Facilities in RA District – Discussion on revisions to the Frederick County Zoning
Ordinance to allow self-storage facilities in the RA (Rural Areas) Zoning District as a conditional
use (requiring an approved Conditional Use Permit).
M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning
Ordinance to allow storage facilities, self-service, in the RA (Rural Areas) District as a conditional use.
He continued, under the current Zoning Ordinance, storage facilities, self -service, are only allowed in the
B2 (General Business), B3 (Industrial Transition), M1 (Light Industrial), and M2 (Industrial General)
Zoning Districts. Mr. Klein noted, this text amendment was previously considered by the Planning
Commission in 2015; the Board of Supervisors denied this text amendment following a public hearing in
November 2015; at the February 26, 2018 DRRC meeting, staff was directed by a committee member to
bring this item back for reconsideration as it was drafted in 2015. He continued, the proposed 20 15 text
amendment included additional supplemental use requirements for self-storage facilities in the RA
District including: Properties must be located within a designated and defined Rural Community Center
as identified in the 2035 Comprehensive Plan; All development shall conform to all B2 (General
Business) District standards; and All developments shall have direct access onto a paved State road.
Upton motion made by Commissioner Oates and seconded by Commissioner Marston
BE IT RESOLVED, the Frederick County Planning Commissioner does hereby recommend Self-Storage
Facilities in RA District – Discussion on revisions to the Frederick County Zoning Ordinance to allow
self-storage facilities in the RA (Rural Areas) Zoning District as a conditional use (requiring an approved
Conditional Use Permit) be sent back to the DRRC for additional discussion and revisions.
(Note: Commissioners Thomas and Triplett were absent from the meeting)
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Frederick County Planning Commission Page 3536
Minutes of April 4, 2018
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 Cline and unanimously
passed. The meeting adjourned at 7:50 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
REZONING APPLICATION #01-18
STONEWALL IV
Staff Report for the Planning Commission
Prepared: May 21, 2018
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director – Transportation
Reviewed Action
Planning Commission: 06/06/18 Pending
Board of Supervisors: 07/25/18 Pending
PROPOSAL: To rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers.
LOCATION: The subject properties are located at the southern terminus of Lenoir Drive (Route F-732).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/06/18 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 88.91 acres of land to the M1 (Light Industrial) District with
Proffers. The site is located within the limits of the Northeast Land Use Plan of the 2035
Comprehensive Plan and depicts the subject properties with an industrial land use designation. The
proposed M1 Zoning is generally consistent with the Northeast Land Use Plan as it relates to this area.
The properties are also located within the limits of the Sewer and Water Service Area (SWSA).
The proffers associated with this rezoning request are as follows; Staff has provided comments
regarding concerns associated with this request:
Proffer Statement – Dated April 25, 2018:
1. Development and use of the property:
1.1. Development of the property shall be limited to the construction of not more than
820,000 gross square feet and solely used for warehousing or high cube transload and
short-term storage.
1.2. The development of the property shall be in general conformance with the GDP.
1.3. The maximum height of each building shall be 60’.
2. Transportation:
2.1. Within 90 calendar days of a written request by the County, the Applicant shall
dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as
depicted on the GDP, for the future Route 37 bypass.
Staff Comment: The Applicant has proffered to dedicate right-of-way for Route 37;
however, the slip ramp depicted in the Northeast Land Use Plan is not accounted for
in this rezoning and the draft GDP shows site entrances that would be in conflict
with the future slip ramp implementation.
Rezoning #01-18 Stonewall IV
May 25, 2018
Page 2
3. Fire and Rescue:
3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of
construction ad depicted on each site plan, to be used for fire and rescue purposes in the
general area.
4. Cultural Resources:
4.1. The Applicant shall retain a qualified professional architectural historian to perform a
Historic American Building Survey (HABS) – standard level III as defined by the
National Park Service Heritage Documentation Program on the residential building and
its associated architectural buildings on the property.
4.2. The Applicant, working with a qualified professional architectural historian, shall
inspect prior to demolition the non-heated areas of the residential building for the
presence of partially hidden or obstructed historic artifacts or material.
5. Escalator:
5.1. In the event the monetary contributions set forth in the proffer statement are paid to
Frederick County within 18 months after final approval of this rezoning, said
contributions shall be in the amounts stated. Any monetary contributions which are
paid after 18 months following final approval shall be adjusted in accordance with the
Urban Consumer Price Index (CPI-U).
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
Rezoning #01-18 Stonewall IV
May 25, 2018
Page 3
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 06/06/18 Pending
Board of Supervisors: 07/25/18 Pending
PROPOSAL: To rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial)
District with proffers.
LOCATION: The subject properties are located at the southern terminus of Lenoir Drive (Route F-732).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43-A-21, 43-A-21B, 43-19-4 and 43-A-24
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Residential and Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) District Use: Industrial
RA (Rural Areas) District Residential/Vacant
South: RA (Rural Areas) District Use: Residential/Route 37
East: M1 (Light Industrial) District Use: Industrial
West: RA (Rural Areas) District Use: Residential/Vacant
Rezoning #01-18 Stonewall IV
May 25, 2018
Page 4
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The Frederick County Transportation Chapter and Northeast
Frederick Area Plan of the Comprehensive Plan identifies the extension of Lenoir Drive as an on-ramp
to Route 37 west as a future transportation improvement. While the Generalized Development Plan has
been revised to locate the future development entrance in a manner that is not in conflict with the
comprehensive plan improvement, VDOT strongly recommends Frederick County request right-of-way
dedication on the subject property to accommodate the future improvement and the rezoning documents
updated accordingly.
Frederick -Winchester Service Authority: Capacity consideration deferred to Frederick Water.
Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated February
22, 2018.
Frederick County Department of Public Works: A detailed review shall occur at the time of site
plan submission.
Frederick County Fire Marshall: Plan approved.
Frederick County Department of Parks & Recreation: The application appears to meet Parks and
Recreation requirements.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies the
subject properties as being zoned A-2 (Agricultural General) District. The County’s agricultural
zoning districts were subsequently combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
2) Comprehensive Plan
The 2035 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2035 Comprehensive 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.
The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
Rezoning #01-18 Stonewall IV
May 25, 2018
Page 5
Land Use
The Northeast Land Use Plan of the 2035 Comprehensive Plan identifies these properties with
an industrial land use designation. The proposed M1 Zoning District is generally consistent
with the Northeast Land Use Plan as it relates to this area. The land use plan depicts future
Route 37 on the western boundary of the properties and access to Route 37 from Lenoir Drive
via a slip ramp.
3) Potential Impacts
Transportation and Site Access
Access to the site will be via Lenoir Drive. The Applicant has proffered to dedicate right-of-
way for Route 37; however, the slip ramp depicted in the Northeast Land Use Plan is not
accounted for in this rezoning and the draft GDP shows site entrances that would be in conflict
with the future slip ramp implementation.
The site is proposed to be accessed via Lenoir Drive. Staff would note that there is an existing
access easement that serves the residential property adjacent to Route 37 (PIN 43-A-23). The
access easement to parcel 43-A-23 does not align with the proposed access to the subject
properties off Lenoir Drive. There is concern that the alignment of the easement and the
proposed access on Lenoir Drive could create a conflict.
A Traffic Impact Analysis (TIA) was conducted on the subject development. Studied
intersections were as follows: Lenoir Drive at McGhee, McGhee at Welltown Road, Welltown
Road at Route 11, Route 11 at the Southbound Exit 317 Ramps, Route 11 at the Northbound
Exit 317 exit ramp, and Route 11 at the Northbound Exit 317 entrance ramp and Redbud Road.
According to the TIA, which has been accepted by VDOT, the build out level of service at the
studied intersections was maintained from the current level of service with the left turn onto the
Exit 317 Northbound entrance ramp. This movement is degraded from a level of service C to
level of service D. This is unable to be alleviated due to physical restrictions of the site.
Environment
The site is relatively flat, with the highest points situated near the center of the site and near
Route 37. Redbud Run courses generally along the northern/northeast property boundary. The
site contains floodplain for Redbud Run.
Historical
The Virginia Department of Historic Resources identifies one mapped property located on the
subject property DHR #034-1099 - Glengary. This structure is potentially eligible for the
National Register of Historic Places. The Frederick County Historic Resources Advisory Board
(HRAB) considered the rezoning application at their meeting on March 27, 2018. The HRAB
requested that the Applicant perform a Historic American Building Survey (HABS) – Standard
III for the Glengary site and Institute protocols for the demolishment of Glengary to ensure
preservation and/or documentation of historical features. The Applicant has addressed the
HRAB’s comments in their proffer statement.
Rezoning #01-18 Stonewall IV
May 25, 2018
Page 6
4) Proffer Statement – Dated April 25, 2018:
1. Development and use of the property:
1.1. Development of the property shall be limited to the construction of not more than
820,000 gross square feet and solely used for warehousing or high cube transload and
short-term storage.
1.2. The development of the property shall be in general conformance with the GDP.
1.3. The maximum height of each building shall be 60’.
2. Transportation:
2.1. Within 90 calendar days of a written request by the County, the Applicant shall
dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as
depicted on the GDP, for the future Route 37 bypass.
Staff Comment: The Applicant has proffered to dedicate right-of-way for Route 37;
however, the slip ramp depicted in the Northeast Land Use Plan is not accounted for
in this rezoning and the draft GDP shows site entrances that would be in conflict
with the future slip ramp implementation.
3. Fire and Rescue:
3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of
construction ad depicted on each site plan, to be used for fire and rescue purposes in the
general area.
4. Cultural Resources:
4.1. The Applicant shall retain a qualified professional architectural historian to perform a
Historic American Building Survey (HABS) – standard level III as defined by the
National Park Service Heritage Documentation Program on the residential building
and its associated architectural buildings on the property.
4.2. The Applicant, working with a qualified professional architectural historian, shall
inspect prior to demolition the non-heated areas of the residential building for the
presence of partially hidden or obstructed historic artifacts or material.
5. Escalator:
5.1. In the event the monetary contributions set forth in the proffer statement are paid to
Frederick County within 18 months after final approval of this rezoning, said
contributions shall be in the amounts stated. Any monetary contributions which are
paid after 18 months following final approval shall be adjusted in accordance with the
Urban Consumer Price Index (CPI-U).
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The Applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
SPRINGVALLEYSubdivision
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43 A 21
43 19 4
43 A 24
43 A 21B
100SENTRY CT 104SENTRY CT 394FORTRESS DR 395FORTRESS DR
370STINE LN
1303MARTINSBURGPIKE
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1263MARTINSBURGPIKE 100FULLHOUSE DR
133FORTRESS DR 103SENTRY CT 109SENTRY CT
298FORTRESS DR390FORTRESS DR 392FORTRESS DR
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1239MARTINSBURGPIKE101SALVO CIR135FORTRESS DR
288FORTRESS DR
104BLACKPOWDER CT
102BLACKPOWDER CT
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143FORTRESS DR287FORTRESS DR
291FORTRESS DR 297FORTRESS DR
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102SALVOCIR 1305MARTINSBURGPIKE
425LENOIR DR
403LENOIR DR
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1461MARTINSBURGPIKE
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340LENOIR DR
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340LENOIR DR 275LENOIR DR
260LENOIR DR
304LENOIR DR 255LENOIR DR
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396TYSON DR 208LENOIR DR
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104RIGGERS DR
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334HANDLEY DR 384TYSON DR 206LENOIR DR
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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)Eastern Road Plan
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 23, 2018Staff: cperkins
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FloodZoneAE
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43 A 21
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100SENTRY CT 104SENTRY CT 394FORTRESS DR 395FORTRESS DR
370STINE LN
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1263MARTINSBURGPIKE 100FULLHOUSE DR
133FORTRESS DR 103SENTRY CT 109SENTRY CT
298FORTRESS DR390FORTRESS DR 392FORTRESS DR
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101SALVO CIR 288FORTRESS DR
104BLACKPOWDER CT
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143FORTRESS DR287FORTRESS DR
291FORTRESS DR 297FORTRESS DR
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102SALVOCIR 1305MARTINSBURGPIKE
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1461MARTINSBURGPIKE
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340LENOIR DR
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340LENOIR DR 275LENOIR DR
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304LENOIR DR 255LENOIR DR
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396TYSON DR 208LENOIR DR
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334HANDLEY DR 384TYSON DR 206LENOIR DR
360TYSON DR
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 23, 2018Staff: cperkins
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1150PURCELL LN1093FOREMAN LN185LAUCK DR184LAUCK DR111FORTRESS DR
103SENTINEL DR 107SENTINEL DR 412FORTRESS DR409FORTRESS DR411FORTRESS DR
340STINE LN
1159MARTINSBURGPIKE
1167MARTINSBURGPIKE
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195LAUCK DR 208LAUCK DR 115FORTRESS DR
117FORTRESS DR
102CALIBER CT106CALIBER CT
108CALIBER CT 406FORTRESS DR
403FORTRESS DR 405FORTRESS DR
1187MARTINSBURGPIKE 1197MARTINSBURGPIKE
219LAUCK DR
221LAUCK DR
215LAUCK DR
233LAUCK DR 121FORTRESS DR
123FORTRESS DR
103CALIBER CT 107CALIBER CT
399FORTRESS DR 401FORTRESS DR
370STINE LN 1205MARTINSBURGPIKE 1221MARTINSBURGPIKE
255LAUCK DR
237LAUCK DR
253LAUCK DR
240LAUCK DR
248LAUCK DR 127FORTRESS DR
102SENTRY CT 106SENTRY CT 397FORTRESS DR
1303MARTINSBURGPIKE
1303MARTINSBURGPIKE
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264LAUCK DR 129FORTRESS DR
132FORTRESS DR
103SENTRY CT
298FORTRESS DR390FORTRESS DR
393FORTRESS DR
391FORTRESS DR
293LAUCK DR
288LAUCK DR 133FORTRESS DR
135FORTRESS DR 101SALVO CIR 288FORTRESS DR 102BLACKPOWDER CT
1239MARTINSBURGPIKE
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105SALVOCIR
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143FORTRESS DR 287FORTRESS DR289FORTRESS DR
297FORTRESS DR103BLACKPOWDER CT
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309LAUCK DR 323LAUCK DR
330LAUCK DR 104SALVOCIR
1437WILLIAMSCIR 335LAUCK DR
425LENOIR DR
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1461MARTINSBURGPIKE389LENOIR DR
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396TYSON DR 208LENOIR DR
104RIGGERS DR
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Residential
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Mobile Home Community
Business
Highway Commercial
Mixed-Use
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Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
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Institutional
Planned Unit Development
Park
Recreation
School
Employment
Airport Support Area
B2 / B3
Residential, 4 u/a
High-Density Residential, 6 u/a
High-Density Residential, 12-16 u/a
Rural Area
Interstate Buffer
Landfill Support Area
Natural Resources & Recreation
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 23, 2018Staff: cperkins
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C
CONDITIONAL USE PERMIT #07-18
WINCHESTER 101 LLC – Country General Store
Staff Report for the Planning Commission
Prepared: May 25, 2018
Staff Contact: Mark R. Cheran, Zoning Administrator
Reviewed Action
Planning Commission: 06/06/18 Pending
Board of Supervisors: 07/25/18 Pending
PROPOSAL: Request to amend Conditional Use Permit #13-96 (CUP #13-96).
LOCATION: The subject property is located at 4780 Northwestern Pike, Winchester, Virginia.
EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18
PLANNING COMMISSION MEETING:
This is a request to amend existing Conditional Use Permit #13-96 (CUP #13-96) for a Country
General Store, to change the hours of the operation; to a 24-hour operation by deleting the
following condition:
Condition 7 The permitted hours of operation of the market will be from 5:00 AM to
midnight.
Amended Condition7: The hours of operation will be 24-hours.
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions be placed on the CUP:
1. A site plan must be submitted and approved for the proposed addition prior to any
construction activity.
2. Any future expansion of this facility or change of use will require a new conditional use
permit.
3. All review agency comments and requirements must be complied with at all times.
4. At the time of site plan submittal, a buffer shall be considered along the property line of
the adjoining residence which would reduce light pollution, sound pollution, and be able
to catch blowing debris.
Page 2
CUP #07-18, Winchester 101 LLC.
May 25, 2018
5. If an external speaker is used for the drive-in window, the volume must be controlled so
it is not a noise nuisance to adjoining residences.
6. The required screening to the east of the store site may be dense low screen that would
capture any blowing paper or debris that escapes from the market site.
7. The hours of operations will be 24-hours.
Following the public hearing, a recommendation regarding this Conditional Use Permit
application to the Board of Supervisors would be appropriate. The Applicant should be
prepared to adequately address all concerns raised by the Planning Commission.
Page 3
CUP #07-18, Winchester 101 LLC.
May 25, 2018
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/06/18 Pending
Board of Supervisors: 07/25/18 Pending
PROPOSAL: Request to amend Conditional Use Permit #13-96 (CUP #13-96).
LOCATION: This property is located at 4780 Northwestern Pike, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 40-A-66D
PROPERTY ZONING: RA (Rural Areas District)
PRESENT USE: Country General Store
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
Planning and Zoning: This is a request to amend existing Conditional Use Permit #13-96
(CUP #13-96) for a country general store approved by the Board of Supervisors on December
11, 1996. Currently, this country general store has hours of operation as noted by: Condition 7
The permitted hours of operation of the market will be from 5:00 AM to midnight . The
Applicant is requesting to amend Condition 7 of the CUP to: The hours of operation will be 24-
hours.
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CUP #07-18, Winchester 101 LLC.
May 25, 2018
EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18
PLANNING COMMISSION MEETING:
This is a request to amend existing Conditional Use Permit #13-96 (CUP # 13-96) for a Country
General Store to change the hours of the operation, to a 24-hour operation. Should the Planning
Commission find this use appropriate, Staff would recommend the following conditions be
placed on the CUP:
1. A site plan must be submitted and approved for the proposed addition prior to any
construction activity.
2. Any future expansion of this facility or change of use will require a new conditional use
permit.
3. All review agency comments and requirements must be complied with at all times.
4. At the time of site plan submittal, a buffer shall be considered alo ng the property line of
the adjoining residence which would reduce light pollution, sound pollution, and be able
to catch blowing debris.
5. If an external speaker is used for the drive-in window, the volume must be controlled so
it is not a noise nuisance to adjoining residences.
6. The required screening to the east of the store site may be dense low screen that would
capture any blowing paper or debris that escapes from the market site.
7. The hours of operation will be 24-hours.
Following the public hearing, a recommendation regarding this Conditional Use Permit
application to the Board of Supervisors would be appropriate. The Applicant should be
prepared to adequately address all concerns raised by the Planning Commission.
40 A 66D
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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: April 30, 2018Staff: mcheran
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40 A 66D
4747NORTHWESTERNPIKE
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267MOUNTOLIVE RD
4729NORTHWESTERNPIKE
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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
TO: Frederick County Planning Commission
FROM: John A. Bishop, AICP, Assistant Director - Transportation
RE: Update of the Interstate, Primary, and Secondary Road Plans
DATE: May 29, 2018
This is a public hearing item to consider the update of the 2018 – 2019 Interstate,
Primary, and Secondary Road Improvement Plans.
Summary of Changes:
Updates to the priorities which are being recommended are for the reasons of consistency
between the plans and for continuity and support of the Board’s SmartScale applications.
Interstate Plan Updates are as follows:
1. Change letter priorities to number priorities to be consistent with Primary Plan.
2. Update of priorities to place Exit 313 at Number 1 and Exit 317 at Number 2.
3. Update language for Exit 307 to acknowledge the need to improve the existing
facility ahead of the long-term goal of relocation.
Primary Plan Updates are as follows:
1. Move Route 11 ahead of Route 277 on the priority list due to the fact that the
section of highest need on Route 277 is funded and moving toward construction
and the growing needs on Route 11 which have resulted in SmartScale
applications.
2. Route 277 broken up into segments of logical termini in recognition of the fact
that future applications for this roadway would likely need to be for smaller
segments.
3. Addition of Route 522 intersection with Costello Drive in recognition and support
of the SmartScale application on that facility.
MEMORANDUM
The Transportation Committee reviewed this item on May 21, 2018 and has
recommended approval to the Board of Supervisors. Staff is seeking a recommendation
from the Planning Commission to the Board of Supervisors on the plans.
Attachments
JAB/pd
2018-2019
INTERSTATE ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/21/2018
Frederick County Planning Commission: 6/06/2018
Frederick County Board of Supervisors:
I-81 Improvements:
Provide additional travel lanes on the main line, evaluate collector-distributor lanes
adjacent to the main line, modifications to existing interchange areas, and develop new
interchange areas and bridge crossings of the main line as recommended by the WinFred
MPO Long Range Plan.
In addition, as the State continues to work toward an ultimate plan for the I-81 widening,
the County of Frederick continues to support the study of Eastern Route 37 as a potential
corridor on new location as an alternative for that effort.
Moreover, the County of Frederick supports exploration of the potential for rail
transportation as a component of the Interstate 81 Corridor improvements.
1. Exit 313 - Bridge re-decking, safety improvements, and capacity expansion.
2. Exit 317 – Realign northbound exit ramp and increase merge areas at the other
ramps. Redbud Road realignment to accommodate ramp realignment.
3. Exit 310 - Phase 2 of the FHWA approved interchange modifications.
4. Exit 307 – Safety and capacity improvements to the existing facility while
continuing to promote the future relocation further south to the South Frederick
Parkway.
5. Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation
of the Route 277 Interchange:
From: Route 277, Exit 307
To: Route 37 North, Exit 310
6. Widen Remainder of I-81 in Frederick County:
From: West Virginia line
To: Warren County line
7. Spot Improvements on I-81 in Frederick County. Provide spot improvements at
various interchanges to increase capacity and/or enhance safety for the motoring
public.
§¨¦81
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Winchester
Middletown
StephensCity
2018 - 2019Interstate RoadImprovement Plan
0 2.5 51.25 Miles
Priority 2Exit 317 Realign Northbound ExitRamp and Increase Merge Areasat Other Ramps. Redbud RdRealignment to AccomodateRamp Realignment
!(
Priority 1Exit 313 Bridge Redecking, SafetyImprovements, and CapacityExpansion!(
Priority 3Exit 310 Phase II of theInterchange Upgrade!(
Priority 4
!(Exit 307 Safety and CapacityImprovements to Existing Locationand Promote Future Realignment
Widen Remainder of I-81Priority 6
Priority 5Widen I-81 fromExit 307 to Exit 310
2018-2019
PRIMARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/21/2018
Frederick County Planning Commission: 6/06/2018
Frederick County Board of Supervisors:
1) Route 37 Bypass
A. Route 37 - Phase 1
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate
I-81 to Front Royal Pike (Route 522 South).
B. Route 37 - Phase 2
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between existing Route 37 around Stonewall
Industrial Park and Route 7.
C. Route 37 - Phase 3
Initiate final engineering and design, acquire right-of-way, and establish a construction
phase schedule for the preferred alternative between Route 7 and Route 522.
2) Route 11 (North and South of Winchester)
A) Establish an Urban Divided Six Lane System:
From: Northern limits of the City of Winchester
To: Intersection of Cedar Hill Road
B) Establish an Urban Divided Four Lane System:
From: Southern limits of the City of Winchester
To: 0.4 miles south of intersection of Route 37 South, Exit 310
C) Establish an Urban Divided Four Lane System:
From: Intersection of Cedar Hill Road
To: West Virginia line
3) Route 277 (East of Stephens City)
Upgrade of the overall corridor to a 4-lane divided system with improved access
management and bicycle and pedestrian facilities.
A) Establish an Urban Divided Four Lane System:
From: I-81
To: Double Church Road
B) Establish an Urban Divided Four Lane System:
From: Double Church Road
To: Warrior Drive
C) Establish an Urban Divided Four Lane System:
From: Warrior Drive
To: White Oak Road
D) Establish an Urban Divided Four Lane System:
From: White Oak Road
To: Route 277
4) Route 7 – Establish a 6 Lane Cross Section:
From: Exit 315 Interchange
To: Future Route 37 Interchange
5) Route 50 East and West
A) Establish a 6 Lane Cross Section:
From: The Interchange at Exit 313
To: The Future Route 37 Interchange
B) Establish a 6 Lane Cross Section:
From: The Interchange with Route 37
To: Poorhouse Road
6) South Frederick County Parkway:
From: Relocated Exit 307
To: Intersection with Route 277 approximately 1 mile west of the intersection of
Route 277 and Route 522
This is a planned new roadway with limited access points serving a mixture of
predominantly commercial and industrial development.
There is a need to study this project in conjunction with the Exit 307 relocation and
planning for Route 277 improvements noted in item 3.
Phasing of this project is not yet clearly defined; however general phasing would be from
West to East with the clear first phase being from relocated Exit 307 to Warrior Drive.
7) Route 522 and Costello Drive
Add additional left turn lane capacity on Route 522 southbound for turns onto Costello
Drive.
8) Commuter Park and Ride Lots
Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work
with the Northern Shenandoah Valley Regional Commission to determine appropriate
locations for park and ride facilities at other strategic locations within the County’s Urban
Development Area. For Park and Ride locations in Frederick County the primary goal
should be that they are situated in such a manner that they reduce traffic in Frederick
County in addition to adjacent localities.
1A
1B
1B
1C
5A
5B
4
6
2A
2B
2C
3D
3C3B3A
Winchester
Stephens City
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2018 - 2019Primary RoadImprovementPlan
0 1 20.5 Miles
Rt 37 Bypass Phases
Priority 1A
Priority 1B
Priority 1C
Rt 11 North & South
Priority 2A
Priority 2B
Priority 2C
Rt 277 East of Stephens City
Priority 3A
Priority 3B
Priority 3C
Priority 3D
Rt 7
Priority 4
Rt 50
Priority 5A
Priority 5B
South Frederick County Parkway
Priority 6
Rt 522 & Costello Dr
!(Priority 7
Commuter - Park & Ride Lots
!(Priority 8
2A
2018/19-2023/24
SECONDARY ROAD IMPROVEMENT PLAN
for
FREDERICK COUNTY, VIRGINIA
Frederick County Transportation Committee: 5/21/2018
Frederick County Planning Commission: 6/06/2018
Frederick County Board of Supervisors:
MAJOR ROAD IMPROVEMENT PROJECTS
2018/2019 through 2023/2024
Major road improvement projects command the reconstruction of hardsurfaced roads to
enhance public safety. Improvements required for road width, road alignment, road strength,
and road gradient are considered major road improvements projects.
R O U T E
R O AD
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655
Sulphur Springs
Road
Route 50
.30 Mi East
Rt. 656
5800
1.1 miles
SH
$8,205,445
2018
$6,071,860
Allocated SSYP
Smart-Scale
661
Red Bud Road
.47 Mi
South
Route 11
Int.
Snowden
Bridge
Blvd.
2000
0.5 miles
ST
$2,000,000
2022
11
Valley Pike
Route 11
.35 Mi East
3200
0.35 miles
ST
$1,701,000
Revenue
Sharing
UN/SH
R/S
Funds
East Tevis Street
Roundabout
(Includes
Roundabout)
W inchester
City Limit
N/A
0.44 miles
SH
$13,543,656
Revenue
Sharing
2018
R/S
Funds
East Tevis Street
Northern Y
Route 522
I-81
N/A
0.35 miles
SH
$5,786,290
Revenue
Sharing
2018
R/S
Funds
Airport Road Ext
Route 522
Roundabout
N/A
0.43 Miles
SH
$8,431,762
Revenue
Sharing
2018
R/S
Funds
788
Renaissance
.24 Mi W est
Route 11
Int. Shady Elm
Road
N/A
.18 miles
BC
$4,734,995
UN/SH
R/S & TPOF
Funds
1012
Town Run Lane
280 Ft. S.
Stickley
Drive
Int.
210 Ft. N.
Stickley
Drive
N/A
.1 Miles
BC
$150,000
UN/SH
Funded
$150,000
Thru Plan
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Stephens City
Frederick County
Major Road
Improvement Projects
2018/2019 thru 2023/2024
0 1 20.5 Milesµ
3
4
5
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7. Airport Rd Extension
8. Town Run Ln
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4. East Tevis Street
5. East Tevis Street
3. Route 11
2. Redbud Rd Realignment
8
6
7
1
2
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2018/2019 through 2023/2024
Non-Hardsurface road improvement projects provide impervious resurfacing and reconstruction of
non-hardsurfaced secondary roads. Non-Hardsurface improvement projects are prioritized by an
objective rating system, which considers average daily traffic volumes; occupied structures;
physical road conditions including geometrics, drainage, and accident reports; school bus
routing; and the time that project requests have been on the Secondary Road Improvement
Plan.
RA
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1
692
Pack Horse Road
1.2 Mi NE
of Rt. 600
Route 671
210
1.4 miles
GA
$315,000
2018
CTB Unpaved
Roads
Funding
2
629
Laurel Grove Road
Route 622
1.25 Mi
W
of
Rt. 622
200
1.25 miles
BC
$292,500
2019 CTB Unpaved
Roads
Funding
3
629
Laurel Grove Road
1.25 Mi
W
of
Rt. 622
2.5 Mi W
of
Rt. 622
200
1.25 miles
BC
$292,500
2019 CTB Unpaved
Roads
Funding
4
707
Hollow Road
WV state
line
Rt. 610
Muse
Road
190
1.8 miles GA
$405,000 2020
CTB Unpaved
Roads
Funding
5
734
North Sleepy Creek
Road
1.27 MI S of
RT 522
2.27 MI S
of RT 522
50
0.9 miles
GA
$225,000
2020 District Grant
Unpaved Road
6
730
Babbs Mountain Road Route 654 Route
677
130
0.9 miles
GA
$202,500
2020 District Grant
Unpaved Road
7
677
Old Baltimore Road Route 676 Route
672
90
1.23 miles
GA
$270,000
2021
District Grant
Unpaved Road
8
695
Middle Fork Road 522 WV Line
50
.9 miles
GA $238,500 2022
District Grant
Unpaved Road
9
811
Timberlakes Lane 671 *671
280
0.25 miles
ST $66,250
2023 District Grant
Unpaved Road
10
644
East Parkins Mill Road 50 Clarke
Co. Line
200
0.81 miles
SH $214,650
2024 District Grant
Unpaved Road
11
733
Fletcher Road 50 707
170
1.3 miles
GA $346,500
2024 District Grant
Unpaved Road
*NOTE: Projects are placed on the scheduled list based upon VDOT revenue projections. Changes to those projections can lead to
projects being delayed or removed from the scheduled list.
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Middletown
Stephens
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Frederick County
Non-Hardsurfaced Road
Improvement Projects
2018/2019 thru 2023/2024
µ
0 4 82 Miles
1. Pack Horse Rd
2. Laurel Grove Rd
3. Laurel Grove Rd
4. Hollow Rd
5. North Sleepy Creek Rd
6. Babbs Mountain Rd
7. Old Baltimore Rd
8. Middle Fork Rd
9. Timberlakes Ln
10. East Parkins Mill Rd
11. Fletcher Rd
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UNSCHEDULED
NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS
2018/2019 through 2023/2024
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1 Fishel Rd 612 600 600 60 1.6 BC 66.56
2 Canterburg Rd 636 640 641 140 1.5 OP 63.17
3 Clark Rd 638 625 759 70 0.8 BC 62.94
4 Heishman Rd 607 600 600 70 0.78 BC 62.37
5 Glaize Orchard Rd 682 608 654 240 1.54 GA 61.22
6 South Timber Ridge 696 522 694 220 1.3 GA 58.58
7 Cougill Rd 634 635 11 120 0.25 BC 58.00
8 Ruebuck Road 670 669 End of maintenance 160 0.35 ST 55.00
9 Grace Church Road 668 667 671 210 1.35 ST 53.20
10 Huttle Rd 636 709 735 110 1.1 OP 53.05
11 Gardners Rd 700 127 701 110 1.0 GA 51.50
12 Light Rd 685 600 681 80 1.3 BC 51.46
13 McDonald Rd 616 608 .44 N. of 608 60 0.45 BC 51.33
14 Cattail Rd 731 608 654 60 1.7 GA 51.24
15 Hunting Ridge Rd 608 682 681 90 2.44 GA 51.01
16 Mount Olive Road 615 50 Hammack Lane 110 0.37 BC 49.00
17 Shockeysville Road 671 690 .90 miles west of 690 120 0.9 GA 46.67
18 Mount Olive Road 615 Hammack Lane 600 110 0.4 BC 38
Note: Project ratings are updated only when funding is available to promote projects to the scheduled
list.
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Non-Hardsurfaced Road
Improvement Projects
2018/2019 thru 2023/2024
µ
0 4 82 Miles
1. Fishel Rd
2. Canterburg Rd
3. Clark Rd
4. Heishman Ln
5. Glaize Orchard Rd
6. South Timber Ridge Rd
7. Cougill Rd
8. Ruebuck Rd
9. Grace Church Rd
10. Huttle Rd
11. Gardners Rd
12. Light Rd
13. McDonald Rd
14. Cattail Rd
15. Hunting Ridge Rd
16. Mount Olive Rd
17. Shockeysville Rd
18. Mount Olive Rd §¨¦81
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E
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
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Residential Separation Buffer Waiver – Public
Hearing
DATE: May 29, 2018
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. Residential Separation Buffers are required to adequately buffer dissimilar
housing types from one another.
On December 13, 2017 the Board of Supervisors approved an amendment to the Zoning
Ordinance to modify the required residential separation buffers between single-family
detached (SFD) units, and townhome units: and single-family small lot (attached and
detached) units and townhome units. This modification changed the required buffer
category from a Category B Type Buffer to a Category A Type Buffer. The intent of this
modification at the time of approval was to provide flexibility for smaller infill-type lots
in the RP Zoning District; ensuring desired housing types were sited where they are
planned for in the 2035 Comprehensive Plan.
The table below provides a simple example of the difference between a Category B and a
Category A Type Buffer with a “full screen” (note: a full screen requires a landscape
screen (plantings) and a 6 foot (FT) tall fence, wall, mound or berm).
Category A Type Buffer* Category B Type Buffer*
Inactive Distance
Required (FT)
15’ 30’
Active Distance Required
(FT)
10’ 20’
Total Distance Required 25’ 50’
At their May 9, 2018 meeting, the Board of Supervisors expressed concern with the
“unintended consequences” of providing relief in the buffer requirements for certain
residential developments as it pertained to a by-right development. The Board of
Supervisors specifically cited the potential for increased density and the capital impact of
additional housing units to schools and other County services. Planning and Development
Staff was directed by the Board of Supervisors to immediately reverse the prior
amendment approved in December 2017. This new proposed amendment would reinstate
the requirement for a Category B Type Buffer between single-family detached units and
townhome units; and between single-family small lot (attached and detached) units and
townhome units.
Staff has drafted a revision to the Zoning Ordinance to reinstate the previously required
buffer category. The attached document shows the existing ordinance (as amended on
December 13, 2017) with the proposed change as directed by the Board of Supervisors
(with bold italic highlight for text added). This proposed amendment is being
presented to the Planning Commission as a public hearing item. Staff is seeking a
recommendation from the Planning Commission. The recommendation 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.
It is the intent of the regulations of this section to encourage proper design of a site in order to protect
adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be
buffered from other types in order to ensure a desirable living environment. Additionally, appropriate
distances must be maintained between commercial, industrial and residential uses and roads.
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. Townhouse A B A B - B B
4. Garden apartment or multifamily
buildings
C C B - A
5. Age-restricted multifamily C C C - -