PC 07-17-13 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 17, 2013
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) June 19, 2013 Minutes ..................................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #03-13 of Verizon Wireless and Bertha McIlwee Trust for a
195 foot Tower and Equipment Shelter. The property is located at 2250 Back Mountain
Road (Route 600), and is identified with Property Identification Number 49-A-28 in the
Back Creek Magisterial District.
Mr. Cheran ....................................................................................................................... (B)
6) Conditional Use Permit #04-13 Tracy Alt, for a revision to the requirements under
Conditional Use Permit #01-11enabling of In-home Family Day Care Facility. This
request is for the purpose of increasing the number of children being cared for at any
given time. The property is located at 110 O’Brien’s Circle (Shenandoah Hills), and is
identified with Property Identification Number 55F-1-3-140 in the Red Bud Magisterial
District.
Mr. Cheran ....................................................................................................................... (C)
7) An amendment to the 2013-2014 Capital Improvement Plan (CIP). The CIP is a
prioritized list of capital projects requested by various County Departments and
Agencies. The Plan is created as an informational document to assist in the development
of the County’s annual budget. Once adopted, the CIP is a component of the 2030
Comprehensive Plan. The County seeks to amend the current CIP to add one project, a
new County/School Board Administration building, to be located generally in the
County’s Urban Development Area.
Mr. Ruddy ........................................................................................................................ (D)
-2-
8) Ordinance Amendment – Chapter 165 Zoning, Article I General Provisions,
Amendments, and Conditional Use Permits, Part 101 General Provisions, 165-
101.02 Definitions & Word Usage; Article II Supplementary Use Regulations,
Parking, Buffers, and Regulations for Specific Uses, Part 204 Additional
Regulations for Specific Uses, 165-204.27 Temporary Family Health Care
Structures; Article IV Agricultural and Residential Districts, Part 401 RA Rural
Areas District, 165-401.02 Permitted Uses, Part 402, RP Residential Performance
District - Revision to the Frederick County Zoning Ordinance to include standards for
the inclusion of temporary family health care structures (MEDCottage) as a permitted
use.
Mrs. Perkins ..................................................................................................................... (E)
PUBLIC MEETING
9) Master Development Plan #01-13 for Shenandoah, submitted by Bowman Consulting
Group to revise Master Development Plan #03-07. The subject properties are located on the
western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and
east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on
Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial
District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and
87-A-102.
Mrs. Perkins ........................................................................................................................ (F)
10) Adjourn
Frederick County Planning Commission Page 2980
Minutes of June 19, 2013
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 June 19, 2013.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/
Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R.
Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District;
Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Christopher M. Mohn, Red
Bud District; and William Wiley, Winchester Planning Commission Liaison.
ABSENT: Kevin Kenney, Gainesboro District; Brian Madagan, Opequon District; and
Charles F. Dunlap, Red Bud District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; Lindsey
Felton, G.I.S. Analyst; and Renee S. Arlotta, Clerk.
-----------
CALL TO ORDER
Chairman Wilmot called to order the June 19, 2013 meeting of the Frederick County
Planning Commission at 7:00 p.m.
-------------
WELCOME COMMISSIONER J. RHODES MARSTON, BACK CREEK DISTRICT
Chairman Wilmot introduced newly-appointed Commissioner, Mr. J. Rhodes Marston,
representing the Back Creek District. Chairman Wilmot welcomed Mr. Marston to the Commission.
-------------
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the
Planning Commission unanimously adopted the agenda for this evening’s meeting as presented.
-------------
Frederick County Planning Commission Page 2981
Minutes of June 19, 2013
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the
minutes of May 1, 2013 and May 15, 2013 were unanimously approved as presented.
-------------
COMMITTEE REPORTS
Development Impact Model Oversight Committee (DIMOC) – 5/15/13 Mtg.
Commissioner Manuel reported the Board of Supervisors adopted the Development
Impact Model on June 12, 2013, with the Oversight Committee’s recommendations.
-------------
Sanitation Authority (FCSA) – 6/18/13 Mtg.
Commissioner Unger stated the FCSA reported there were 34 new connections since last
quarter; rainfall for May was 3.18 inches and April was 3.5 inches; 2.2mgd were pumped from the Diehl
Plant; approx. 2.2mgd were pumped from the Anderson Plant; .87mgd were purchased from the City of
Winchester; and Daily Average Used was 5.35mgd, normal for this time of year. Elevation at the Diehl
Plant was 6.64 and was generally the same last month; the Anderson Plant was down slightly at 5.33.
Commissioner Unger said the FCSA reported an 18% water loss from some faulty valves purchased about
five years ago. It was noted there will not be a cost increase for water and sewer. The FCSA canceled
their July meeting.
-------------
Historic Resources Advisory Board (HRAB) – 5/21/13 Mtg.
Commissioner Oates reported the HRAB discussed an application for a
telecommunications facility at the southern end of Shawneeland; the HRAB recommended approval, but
requested the applicant conduct a study to determine if the area would qualify as a historic district. In
addition, Commissioner Oates reported that former Planning Department staff member, Ms. Lauren
Krempa -Murphy, is now the Chairman of the HRAB.
-------------
Committee Appointments
Chairman Wilmot appointed Commissioner Marston to the CPPC (Comprehensive Plans
& Programs Committee) and Commissioner Ambrogi to the DRRC (Development Review & Regulations
Committee).
Frederick County Planning Commission Page 2982
Minutes of June 19, 2013
-------------
Citizen Comments
Chairman Wilmot called for citizen comments on any subject not currently on the
Planning Commission’s agenda. No one came forward to speak and Chairman Wilmot closed the citizen
comments portion of the meeting.
-------------
PUBLIC HEARING
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II,
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 202 Off-
Street Parking, Loading and Access, 165-202.03 Motor Vehicle Access. This amendment will revise
and update the motor vehicle access requirements, specifically entrance spacing requirements.
Action – Recommended Approval
Senior Planner, Candice E. Perkins, reported the staff has prepared a revision to Part 202
of the zoning ordinance, Off-Street Parking, Loading, and Access, to update the motor vehicle access
requirements, specifically, entrance spacing requirements. Ms. Perkins said the County’s entrance
spacing requirements are currently in conflict with VDOT’s minimum entrance spacing requirements and
the standards do not specifically address residential driveways on arterial or collector roadways. She said
the primary change occurring with the proposed amendment will update the requirements to bring the
spacing into conformance with VDOT spacing; it clarifies that spacing for residential driveways/
entrances must be considered on arterial/collector roadways; and VDOT approval must be obtained prior
to the Zoning Administrator allowing alternative methods (right-in/right-out entrances) which do not meet
spacing minimums.
Ms. Perkins stated the DRRC (Development Review & Regulations Committee)
discussed this proposed amendment at their February 2013 meeting; the Planning Commission held their
discussion on March 20, 2013; and the Board of Supervisors held their discussion on May 8, 2013. Ms.
Perkins said this evening, the staff is seeking a recommendation from the Planning Commission to send
forward to the Board of Supervisors.
Commissioner Thomas inquired why VDOT switched from speed to classification of
road for the entrance spacing requirements. Ms. Perkins replied that in discussions with Mr. John Bishop,
Deputy Director-Transportation, she learned that VDOT’s classifications are relatively lengthy, numerous
ones are based on speed, and many do not work well for Frederick County. Ms. Perkins said the Primary
and Arterial roadways are still based on speed limits; however, the major and minor collectors are
reduced to entrance spacing as opposed to distances. She said this was the most workable method in light
of Frederick County’s ordinances.
Chairman Wilmot opened the public hearing and called for citizen comments. No one
came forward to speak and Chairman Wilmot closed the public comment portion of the hearing.
Frederick County Planning Commission Page 2983
Minutes of June 19, 2013
Commissioner Oates made a motion to recommend approval of the amendment to revise
and update the motor vehicle access requirements, specifically entrance spacing requirements. This
motion was seconded by Commissioner Crockett and unanimously passed.
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II,
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 202 Off-Street
Parking, Loading and Access, 165-202.03 Motor Vehicle Access. This amendment will revise and update
the motor vehicle access requirements, specifically entrance spacing requirements.
-------------
An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural
and Residential Districts, Part 401, RA (Rural Areas) District, 165-401.06 Permitted Lot Sizes.
This revision will allow divisions to existing rural preservation tracts that have been recorded.
Action – Recommend Approval
Senior Planner, Candice E. Perkins, reported the staff had received a request to allow
divisions to existing rural preservation tracts which have been recorded, so long as the division results in
acreage being added to the preservation tract and only if the acreage being added comes from the overall
rural preservation subdivision. Ms. Perkins explained that currently, no future division of these tracts is
permitted once it is recorded. Therefore, any modifications, such as boundary line adjustment, would be
considered a “division” and would not be permitted once the preservation lot has been recorded.
Ms. Perkins said the proposed amendment would allow platted rural preservation tracts to
be modified if: 1) The division results in an overall acreage increase to the Rural Preservation Tract; 2)
Acreage added to the preservation tract may come from areas internal or external to the rural preservation
subdivision; 3) Acreage from the preservation tract may not be adjusted into parcels outside of the rural
preservation subdivision; and 4) The Rural Preservation Tract continues to meet all requirements of
chapters 165 and 144.
Ms. Perkins stated the DRRC (Development Review & Regulations Committee)
discussed this proposed amendment at their April 2013 meeting; the Planning Commission held their
discussion on May 1, 2013; and the Board of Supervisors held their discussion on June 12, 2013. Ms.
Perkins said this evening, the staff is seeking a recommendation from the Planning Commission to send
forward to the Board of Supervisors.
Commissioner Oates referred to Item 3. Commissioner Oates said he understood the
intent and agrees with it; however, he thought the language may be confusing sometime in the future. He
suggested that staff review the language again and possibly clarify the wording of Item #3.
Commissioner Triplett asked if there was a change in the tax rate of a rural preservation
property. Ms. Perkins didn’t believe so; she said this ordinance would not affect the taxation.
Chairman Wilmot opened the public hearing and called for citizen comments. No one
came forward to speak and Chairman Wilmot closed the public comment portion of the hearing.
Frederick County Planning Commission Page 2984
Minutes of June 19, 2013
Commissioner Oates made a motion to recommend approval of the proposed ordinance
amendment to allow divisions to existing, recorded rural preservation tracts. This motion was seconded
by Commissioner Crockett and unanimously passed.
BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of an
Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and
Residential Districts, Part 401, RA (Rural Areas) District, 165-401.06 Permitted lot sizes. This revision
will allow divisions to existing rural preservation tracts that have been recorded.
-----------
INFORMATION/ DISCUSSION ITEMS:
REPORT FROM WINCHESTER CITY PLANNING COMMISSION
Commissioner William Wiley, Liaison from the Winchester City Planning Commission,
provided a brief report from the June 18 meeting. Commissioner Wiley said the Commission updated a
telecommunications text amendment regarding fees, staff, and conditional use permits. He said basically,
they are streamlining the approach to make the process more staff driven. He said the Jubal Early
Apartment Complex has been tabled once again at the request of the applicant. He noted the Commission
is still discussing the text amendment regarding restaurants and entertainment establishments and
conditional use permits. Commissioner Wiley said the Commission unanimously passed a rezoning of
the Federal Mogel site, approximately 44 acres, to a B2 Use District. In addition, the Shenandoah
University’s Health Sciences building was administratively approved for construction on the campus.
-------------
OTHER
CANCELLATION OF THE PLANNING COMMISSION’S JULY 3, 2013 MEETING:
Chairman Wilmot announced there were no pending items or applications for the
Commission’s July 3, 2013 meeting.
A motion was made by Commissioner Oates, seconded by Commissioner Thomas, and
unanimously passed to cancel the Planning Commission’s July 3, 2013 meeting.
-------------
Frederick County Planning Commission Page 2985
Minutes of June 19, 2013
ADJOURNMENT
No further business remained to be discussed. A motion was made, seconded, and
unanimously passed to adjourn the meeting at 7:20 p.m.
Respectfully submitted,
____________________________
June M. Wilmot, Chairman
____________________________
Eric R. Lawrence, Secretary
CONDITIONAL USE PERMIT #03-13
VERIZON WIRELESS AND BERTHA McILWEE TRUST
Staff Report for the Planning Commission
Prepared: June 26, 2013
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed
Planning Commission: 07/17/13 Pending
Action
Board of Supervisors: 08/14/13 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of a 195-foot, Monopole
Telecommunications Facility. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #03-13
June 26, 2013
LOCATION
: This property is located at 2250 Back Mountain Road (Route 600).
MAGISTERIAL DISTRICT
: Back Creek
PROPERTY ID NUMBER
: 49-A-28
PROPERTY ZONING & PRESENT USE
:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE
:
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential/Vacant
East: RA (Rural Areas) Land Use: Residential/Vacant
West: R-5 (Residential Recreational Community) Land Use: Residential
PROPOSED USE
: This application is for a 195 foot Monopole-Type Commercial
Telecommunication Tower and Equipment Shelter.
REVIEW EVALUATIONS
:
Virginia Department of Transportation:
Site is served by a private street network and
therefore, VDOT has no comments.
Frederick County Inspections:
Structure shall comply with The Virginia Uniform Statewide
Building Code and Sections 312, use group U (Utility and Miscellaneous) of The International
Building Code 2009. Per the Sections 102.3 of the Virginia Uniform Statewide Building Code,
2009 edition, Section 102.3 VUSBC exempts equipment, related wiring, and poles and towers
supporting the related wiring installed by a provider of publicly regulated utility service. . . .The
exemption shall apply only if under applicable federal and state law the ownership and control of
the equipment and wiring is by the service provider or its affiliates. Such exempt equipment and
wiring shall be located on either public rights-of-way or private property for which the service
provider has rights of occupancy and entry; however, the structures, including their service
equipment, housing, or supporting such exempt equipment and wiring shall be subject to the
USBC. The installation of equipment and wiring exempted by this section shall not create an
unsafe condition prohibited by the USBC. Construction of Pre Engineered shelter requires a
building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional.
Fencing greater than 6’ in height requires a building permit.
Page 3
CUP #03-13
June 26, 2013
Winchester Regional Airport:
Please see attached letter dated April 15, 2013, signed by
Serena R. Manuel, Executive Director.
Historic Resources Advisory Board:
Please see attached letter dated May 31, 2013, signed by
Candice Perkins, Senior Planner.
Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering any land use action. This proposed
195-foot monopole-type commercial telecommunication facility is located on property identified
within the Comprehensive Plan as the Shawnee Land/North Mountain Rural Community Center.
This area is to remain rural and is not part of any current land use study. The Frederick County
Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas)
Zoning District with an approved Conditional Use Permit (CUP). The properties immediately
adjacent to this proposed Conditional Use Permit (CUP) are currently zoned RA (Rural Areas)
and R-5 (Residential Recreational) Zoning District.
The applicant has applied for a CUP for a 195 foot monopole-type commercial
telecommunications facility on a 218± acre property, with the nearest property and dwelling
being approximately 260 feet from this facility. A register Virginia engineer shall provide
verification that the tower is designed, and will be constructed in a manner that, should the tower
collapse for any reason, the collapsed tower will be contained in an area around the tower, with a
radius equal to or lesser than the setback, measured from the center line of the base of the tower.
The setbacks for this proposed commercial telecommunication facility will be approximately 260
feet from the road right-of-way, greater than 1,000 feet from the right and left property line and
15,000 feet from rear property line.
The zoning ordinance requires that all proposed telecommunication facilities be subject to
additional performance standards in order to promote orderly economic development and
mitigate the negative impacts to adjoining properties, residential properties, land use patterns,
scenic areas and properties of significant historic values. The Frederick County Historic
Resources Advisory Board (HRAB) via the Frederick County Rural Landmarks Survey Report,
has identified three potentially significant structures within the immediate area of the subject
site; one of the structures is located on-site. (See HRAB comments.)
Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide
confirmation that an attempt was made to collocate on an existing telecommunication facility,
and possible collocation structures. The applicant has provided an inventory of existing
telecommunication facilities, and no other telecommunication facility or possible collocation
opportunity structures exist in this area. Staff has identified a possible collocation site within a
two (2) mile radius of this proposed site. Therefore, the applicant should be prepared to
Page 4
CUP #03-13
June 26, 2013
demonstrate that this proposed use is appropriate to provide satisfactory coverage in this area of
the County. Should this facility be approved this commercial telecommunication facility will be
positioned to provide the existing and future land uses in this area of the County with
telecommunication needs.
STAFF CONCLUSIONS FOR THE 07/13/13 PLANNING COMMISSION MEETING
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
:
1. All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for collocating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
CHESTNUTRIDGE ESTATESSubdivision
BARRINGTONHILLS ESTATESSubdivision
SHAWNEELANDSubdivision
ST600
ST600
ST600
HOMESTEADFARM LN
ASSA
T
E
A
G
U
E
TRL
BUF
F
A
L
O
T
R
L
DUW
A
M
I
S
H
T
R
L
FISHEL
R
D
SHEN
A
N
D
O
A
H
T
R
L
CHER
O
K
E
E
T
R
L
F
A
R
W
O
O
D
T
R
L
BA
C
K
R
I
D
G
E
R
D
RAPPA
H
A
N
N
O
C
K
T
R
L
TOMAHAWK
TRL
POT
O
M
A
K
T
R
L
SUSQ
U
E
H
A
N
N
A
T
R
L
THROU
G
H
W
O
O
D
T
R
L
BACK
M
O
U
N
T
A
I
N
R
D
CHEYENNE TRL
CUP0313
49 A 28
49 A 28
49 A 28
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 10, 2013Staff: mcheran
Shawneeland
BACK
M
O
U
N
T
A
I
N
R
D
FISHEL
R
D
B
A
C
K
R
I
D
G
E
R
D
ROS
E
N
B
E
R
G
E
R
L
N
CUP # 03 - 13Verizon Wireless andBertha McIlweePINs:49 - A - 28195' Monopole Tower
CUP # 03 - 13Verizon Wireless andBertha McIlweePINs:49 - A - 28195' Monopole Tower
0 830 1,660415 Feet
c
CONDITIONAL USE PERMIT #04-13
TRACY ALT
Staff Report for the Planning Commission
Prepared: June 24, 2013
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed
Planning Commission: 07/17/13 Pending
Action
Board of Supervisors: 08/14/13 Pending
EXECUTIVE SUMMARY:
This is a request for a revision to the requirements under Conditional Use Permit #01-11,
approved by the Board of Supervisors on February 9, 2011, enabling an In-home Family Day
Care Facility. This request is for the purpose of increasing the number of children being cared
for at any given time.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall be permitted from 6 a.m. to 6 p.m., Monday through Friday.
3. The applicant shall satisfy the licensing requirements of the Virginia Department of
Social Services and the County of Frederick.
4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on
the property.
5. Other than those children residing on the property, there shall be no more than 12
children being cared for at any given time.
6. Other than those persons residing on the property, there shall be no more than one
employee working at the day care at any time.
7. Any expansion or change of use will require a new Conditional Use permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #04-13
June 24, 2013
LOCATION
: This property is located at 110 O’Briens Circle (Shenandoah Hills).
MAGISTERIAL DISTRICT
: Red Bud
PROPERTY ID NUMBER
: 55F-1-3-140
PROPERTY ZONING & PRESENT USE
:
Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE
:
North: RP (Residential Performance) Land Use: Residential
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: RP (Residential Performance) Land Use: Residential
PROPOSED USE
This is a request for a revision to the requirements under Conditional Use Permit #01-11,
approved by the Board of Supervisors on February 9, 2011, enabling an In-home Family Day
Care Facility. This request is for the purpose of expanding Conditional Use Permit #01-11 to
allow for 12 children, rather than ten, being cared for at any given time.
:
REVIEW EVALUATIONS
:
Frederick-Winchester Health Department:
The Health Department would have no objection to the proposal based on the following
conditions: A kitchen in a private home used by a family day-care provider that serves 12 or
fewer children is exempt from Health Department Food Establishment regulations and
permitting.
Department of Social Services:
The Alt Family Day Home, operated by Tracy Alt at 110
O’Briens Circle, Winchester, Virginia, is currently licensed to care for a maximum of ten
children. With approval from the Frederick County Department of Planning and Development,
the licensed capacity may be increased to twelve (12) children.
Page 3
CUP #04-13
June 24, 2013
Planning and Zoning:
An in-home daycare facility is a permitted use as a cottage occupation in
the RP (Residential Performance) zoning district with an approved Conditional Use Permit. The
in-home daycare facility is defined by the Zoning Ordinance as a facility in which more than five
children, not including those children related to the people who maintain the facility, are received
for care, protection, and guidance during only part of the 24-hour day.
The Department of Social Services currently has Ms. Tracy Alt licensed for a capacity of ten
(10) children. With the approval of a new Conditional Use Permit, The Department of Social
Services has granted approval to allow Ms. Alt to increase the capacity to a maximum of twelve
(12) children. The current in-home daycare facility is operating within the principal residential
structure on a .20 acre lot, and staff to date has not received any complaints as it relates to the
existing in-home daycare. All the following approved conditions will remain the same except
condition number five; which will allow no more than twelve (12) children being cared for at any
given time.
STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING
:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall be permitted from 6 a.m. to 6 p.m., Monday through Friday.
3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the
property.
5. Other than those children residing on the property, there shall be no more than twelve (12)
children being cared for at any given time.
6. Other than those persons residing on the property, there shall be no more than one (1)
employee working at the day care at any time.
7. Any expansion or change of use will require a new Conditional Use permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
O
B
R
I
E
N
S
C
I
R
55B 3 2 117
55B 3 2 115
55B 3 2 112
55B 3 2 110 55F 1 3 144 55F 1 3 162
55F 1 3 143
55F 1 3 163
55B 3 2 119
55B 3 2 114 55F 1 3 142
55F 1 3 164
55B 3 2 121
55B 3 2 116 55F 1 3 141 55F 1 3 165
55F 1 3 168
55F 1 3 167
55B 3 2 118
55B 3 116A
55F 1 3 140
55F 1 3 166
55F 1 3 139
55B 3 2 120
55F 1 3 202
55F 1 3 138
55F 1 3 203
55F 1 3 136
55B 3 2 46
55F 1 3 137
55F 1 3 135
55B 3 2 48
55F 1 3 132
55F 1 3 13355B 3 2 50
55F 1 3 125 55F 1 3 134
CUP0413
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 11, 2013Staff: djohnston
CARDIN
A
L
L
N
PIO
N
E
E
R
S
R
D
O
B
R
I
E
N
S
C
I
R
GRE
E
N
W
O
O
D
R
D
D
O
G
W
O
O
D
R
D
HITES ST
BERRYVILL
E
P
I
K
E
DO
G
W
O
O
D
R
D
SHENANDOAH HILLSSubdivision
STUMP LOTSSubdivision
CUP # 04 - 13Tracy AltPINs:55F - 1 - 3 - 140
CUP # 04 - 13Tracy AltPINs:55F - 1 - 3 - 140
0 80 16040 Feet
D
Attachment:
County Administration Project Priority List
PRIORITY 4
County/School Board Administration Building
Description: This new project consists of a County/School Board Administration Building, to
be located generally in the County’s Urban Development Area.
Capital Cost: TBD
Justification: The inclusion of this capital facility will allow for improvements to general
governmental facilities and services for the benefit of the residents of Frederick County and will
meet the increasing need for office space, meeting space, and government services in an
accessible location.
Construction Schedule: TBD
Frederick County Public Schools Project Priority List
PRIORITY 7
Frederick County Administrative Office Expansion and Renovation
Description: The facility contains 20,592 square feet, which does not include the 5,000 square
foot Annex that has recently been constructed or the seven modular units that have been added to
help address the need for additional space. The expansion and renovation will address the need
for office and meeting space, will take advantage of advances in technology, and will provide
mechanical, plumbing and electrical wiring to code.
Capital Cost: $TBD
Justification: The expansion will address the need for office & meeting space, will take
advantage of advances in technology, and will update 50-year-old mechanical, plumbing and
electrical wiring to code. Meeting space is at a premium, as we have only 2 sizeable meeting
spaces. Electrical wiring is a safety issue, as existing circuits and outlets in overcrowded areas of
the building are overloaded. All of these issues will continue to expand as the district and
therefore the staff grows. Other issues to be addressed include building security, vehicular safety
entering and exiting Amherst Street, conflicts between vehicles and pedestrian traffic in the
parking lot, and asbestos.
Construction Schedule: 30 Months
Department Priority County Contribution Per Fiscal Year
County
Contributions Notes
Total Project
Costs
Projects 2013-2014
2014-
2015
2015-
2016
2016-
2017 2017-2018 2018+
Ensuing
Fiscal Year Year 2 Year 3 Year 4 Year 5 Beyond Year 6+
Public Schools
Replacement Frederick County
Middle School $4,101,640 15,646,480 16,654,680 2,527,200 $38,930,000 $38,930,000
Fourth High School $64,140,000 $64,140,000 $64,140,000
Robert E. Aylor Middle School
Addition and Renovation $21,992,491 $21,992,491 $21,992,491
James Wood High School Renov.TBD TBD TBD
Sherando High School Parking Lot
& Softball Field Improvements TBD TBD TBD
Apple Pie Ridge Elementary
Phase 2 Renovation $7,002,659 $7,002,659 $7,002,659
Bass Hoover Elementary
Phase 2 Renovation $8,322,118 $8,322,118 $8,322,118
Indian Hollow Elementary
Addition and Renovation TBD TBD TBD
Elementary School #12 $23,475,000 $23,475,000 $23,475,000
Fifth Middle School $38,930,000 $38,930,000 $38,930,000
Elementary School #13 $23,475,000 $23,475,000 $23,475,000
$191,438,908 $226,267,268
Parks & Recreation
Clearbrook & Sherando Baseball Field Lighting Upgrade $1,300,000 $1,300,000 $1,300,000
Fleet Trip Vehicles $290,000 $290,000 $290,000
Clearbrook & Sherando Water Slide/Spray Ground $1,251,208 $1,251,208 $1,251,208
Indoor Aquatic Facility $15,163,000 $15,163,000 $15,163,000
Sherando Access Road w/Parking/Trails $1,540,626 $1,540,626 $1,540,626
Abrams Creek Greenway Trail $1,252,558 $1,252,558 $1,252,558
Park Land Eastern Fred. Co.$4,490,510 $4,490,510 $4,490,510
Park Land Western Fred. Co.$3,367,728 $3,367,728 $3,367,728
Sherando Softball Complex $671,062 $671,062 $671,062
Sherando Soccer/Multi Use Fields $1,121,998 $1,121,998 $1,121,998
Sherando Maintenance Compound $374,310 $374,310 $374,310
Clearbrook Open Play Areas $478,565 $478,565 $478,565
Sherando Lake/Trails/Parking- 2 Fields $1,360,610 $1,360,610 $1,360,610
Sherando Skateboard Park $513,089 $513,089 $513,089
Clearbrook Tennis/Basketball Complex $526,355 $526,355 $526,355
Sherando Picnic Areas $804,243 $804,243 $804,243
Clearbrook Shelter Stage $508,402 $508,402 $508,402
Multi-Generational Center $8,802,605 $8,802,605 $8,802,605
Community Parks (5)$2,694,306 $2,694,306 $2,694,306
Neighborhood Parks (3)$447,928 $447,928 $447,928
District Parks (Northeast and Southwest)$7,858,238 $7,858,238 $7,858,238
$19,544,834 54,817,341
Department Priority County Contribution Per Fiscal Year
County
Contributions Notes
Total Project
Costs
Projects 2013-2014
2014-
2015
2015-
2016
2016-
2017 2017-2018 2018+
Regional Library
Bowman Lot/Sidewalk Phase 2 $42,880 $42,880 $42,880
Gainesboro Branch $210,617 $1,812,158 $256,500 $2,279,575 $2,279,575
Senseny/Greenwood Branch TBD TBD
Route 522 Branch TBD TBD
$42,880 $2,322,455
Transportation
Route 37 Engineering & Construction $300,000,000 $300,000,000 E $300,000,000
I-81 Exit 310 Improvements $30,000,000 $30,000,000 E $30,000,000
I-81 Exit 307 Relocation $60,000,000 $60,000,000 E $60,000,000
East Tevis Street Extension $2,600,000 $2,600,000 E $2,600,000
Route 277, Fairfax Pike, Widening
and Safety Improvements $40,000,000 $40,000,000 E $40,000,000
Warrior Drive Extension $23,200,000 $23,200,000 E $23,200,000
Channing Drive Extension $20,600,000 $20,600,000 E $20,600,000
Widening of Route 11 North $47,800,000 $47,800,000 E $47,800,000
Brucetown/Hopewell Realign.$3,000,000 $3,000,000 E $3,000,000
Senseny Road Widening $22,800,000 $22,800,000 E $22,800,000
Inverlee Way $10,200,000 $10,200,000 E $10,200,000
Fox Drive $250,000 $250,000 E $250,000
Rennaisance Drive $2,000,000 $2,000,000 E $2,000,000
Senseny Road Pike & Ped $2,000,000 $2,000,000 E $0
Eastern Road Plan Improvements TBD TBD TBD
$300,000,000 $562,450,000
Winchester Airport
Maintenance Facility $550,000 A,B $550,000
Taxiway "A" Relocation $3,884,210 $200,000 $4,650,000 $5,550,000 A,B $14,284,210
Land Parcel 64B-A-51 $275,000 A,B $275,000
Land Parcel 64B-A-40 $175,000 A,B $175,000
Land Parcel 64-A-70 $225,000 A,B $225,000
Land Parcel 64-A-71 $225,000 A,B $225,000
Land Parcel 64-A-69 $235,000 A,B $235,000
Land Parcel 64-A-66 $268,000 A,B $268,000
Land Parcel 64-A-67 $268,000 A,B $268,000
Land Parcel 64-A-64 $250,000 A,B $250,000
New General Avaiation Terminal $2,500,000 A,B $2,500,000
New Terminal Parking Lot $650,000 A,B $650,000
Land Parcel 64-A-63 $250,000 A,B $250,000
Land Parcel 64-A-60 $300,000 A,B $300,000
Land Parcel 64-A-59 $300,000 A,B $300,000
Land Parcel 64-A-52 $300,000 A,B $300,000
Land Parcel 64-A-50 $300,000 A,B $300,000
Land Parcel 64-A-49 $250,000 A,B $250,000
Land Parcel 64-A-47 $300,000 A,B $300,000
Fuel Storage Facility $1,000,000 A,B $1,000,000
$5,334,210 $22,905,210
Department Priority County Contribution Per Fiscal Year
County
Contributions Notes
Total Project
Costs
Projects 2013-2014
2014-
2015
2015-
2016
2016-
2017 2017-2018 2018+
County Administration
Albin Citizens Center $12,000 $362,850 $374,850 $374,850
Relocation/Expansion Gore Site $12,000 $210,350 $222,350 $222,350
General Government Capital Expen $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 $1,000,000 E $1,000,000
County/School Board
Administration Building TBD TBD E TBD
$212,000 $1,597,200
Fire & Rescue
Fire & Rescue Station #22 (277)$400,000 $1,500,000 $1,500,000 $3,400,000 $3,400,000
Fire & Rescue Station #22 (277) Apparatus $100,000 $805,000 $905,000 $905,000
Fire & Rescue Station #23 $550,000 $2,150,000 $1,000,000 $3,700,000 $3,700,000
Regional Training Center $75,000 $100,000 $1,250,000 $10,000,000 $19,750,000 $31,175,000 $31,175,000
Fire & Rescue Station #24 $250,000 $3,500,000 $3,750,000 $3,750,000
Station #15 (Round Hill) Relocation $494,000 $3,787,696 $4,281,696 $4,281,696
Station #13 (Clearbrook) Relocation $33,000 $88,000 $4,275,000 $4,396,000 $4,396,000
$1,002,000 $51,607,696
Fire & Rescue Company Capital Requests
Fire & Rescue Capital Equipment 200,000 200,000 200,000 200,000 200,000 $1,000,000 $1,000,000 E $1,000,000
* See Fire & Rescue Company Requests (<$100K)
Ambulance Replacement Project for Greenwood Vol. Fire & Rescue Co.$150,000 $150,000 C $150,000
Apparatus Ventilation System for Greenwood Vol. Fire & Rescue Co.$100,000 $100,000 C $100,000
North Mountain Fire & Rescue Co.Building Expansion $314,766 $314,766 $314,766
$564,766 $1,564,766
Total 518,139,598 $923,531,936
* Fire & Rescue Company Capital Equipment Requests (<$100K)
None
$0
A= Partial funding from VA Dept. of Aviation N/A= Not Available
B= Partial funding from FAA TBD= To be Determined
C= Partial funding from private donations
D= Funding goes beyond displayed 5 years
E= Partial funding anticipated through development & revenue sources
F= Funding initiated prior to displayed 5 years
E
Attachment 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§ 165-101.02 Definitions & word usage.
CAREGIVER - An adult who provides care for a mentally or physically impaired person within the
Commonwealth. For purposes of the placement of a temporary family health care structure, a
caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian
of the mentally or physically impaired person for whom they are providing care for.
MENTALLY OR PHYSICALLY IMPAIRED PERSON - A person who is a resident of Virginia and who
requires assistance with two or more activities of daily living, as defined in § 63.2-2200, as certified in
a writing provided by a physician licensed by the Commonwealth.
TEMPORARY FAMILY HEALTH CARE STRUCTURE - A transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired person,
that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one
occupant who shall be the mentally or physically impaired person, or, in the case of a married couple,
two occupants, one of whom is a mentally or physically impaired person, and the other requires
assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by
a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv)
complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the
Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure
on a permanent foundation shall not be required or permitted.
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 – Additional Regulations for Specific Uses
§ 165-204.27. Temporary family health care structures.
Where allowed, a temporary family health care structure, shall meet the following requirements:
A. A temporary family health care structure shall be permitted for use by a caregiver in providing care
for a mentally or physically impaired person on property owned or occupied by the caregiver as his
residence as a permitted accessory use. Outside agencies or persons not residing on the property
may provide care for the mentally or physically impaired person residing in the structure.
B.
No temporary family health care structure shall be installed without first obtaining a permit. The
permit holder shall provide the County with evidence of compliance on an annual basis as long as
the temporary family health care structure remains on the property;
Attachment 1
C. Only one temporary family health care structure shall be placed on a lot or parcel of land. Such
structures shall comply with all setback requirements that apply to the primary structure and with
any maximum floor area ratio limitations that may apply to the primary structure.
D.
Any temporary family health care structure shall connect to the water, sewer, and electric utilities
serving the primary residence on the property and shall comply with all applicable requirements of
the Virginia Department of Health;
E.
No signage advertising or otherwise promoting the existence of the temporary family health care
structure shall be permitted either on the exterior of the structure or elsewhere on the property;
F.
Any temporary family health care structure installed pursuant to this section shall be removed
within 60 days of the date on which the temporary family health care structure was last occupied
by a mentally or physically impaired person receiving services or in need of the assistance provided
by the structure.
G.
The Zoning Administrator may revoke the permit granted pursuant to subsection A above if the
permit holder violates any provision of this section or the Code of Virginia. Additionally, the local
governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit
court of that locality to ensure compliance with this section. The Zoning Administrator is vested
with all necessary authority on behalf of the governing body of the locality to ensure compliance
with this section.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas District
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
Part 402 – RP Residential Performance District
DD. Temporary family health care structure.
§ 165-402.02 Permitted uses.
A. All uses shall be developed in accordance with an approved master development plan unless
otherwise waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
*By adding temporary family health care structure as a permitted use in the RP District it is also
automatically a permitted use in the R4 and R5 Districts
(15) Temporary family health care structure.
f
MASTER DEVELOPMENT PLAN #01-13
SHENANDOAH
Staff Report for the Planning Commission
Prepared:July 1, 2013
Staff Contact: Candice E. Perkins,AICP, Senior Planner
Reviewed
Planning Commission:07/17/13 Pending
Action
Board of Supervisors:08/14/13 Pending
PROPOSAL:To develop 926.27 acres of land zoned R5 (Residential Recreational Community)
District with a total of 2,130 (includes the 230 existing platted lots) residential dwelling units. The land
area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted
units) and will be served by private streets. The land area east of Lake Frederick will consist primarily
of traditional residential units (53 age restricted units and 1,560 traditional). The housing located on the
east side of Lake Frederick will include a mix of single family detached and attached and will be served
by public roads.
MAGISTERIAL DISTRICT:Opequon
LOCATION:The subject properties are located on the western side of Route 522 South (Front Royal
Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing
primary access to this site is located on Route 522 South via Lake Frederick Drive.
STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING:
The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be
consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It
should be noted that the original MDP for the Shenandoah Development included both residential and
commercial components. The commercial component while shown on the MDP is held under separate
ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP
currently being considered do not impact the commercial portion of the Shenandoah Development.The
applicant has requested that the Board of Supervisors allow them to sever the commercial and
residential landbays so they can proceed with an independent MDP; Board action on this MDP
severing is appropriate.
If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the
Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by
staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board
of Supervisors, 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 #01-13, Shenandoah
July 1, 2013
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It may
also be useful to others interested in this zoning matter.
LOCATION:
The subject properties are located on the western side of Route 522 South (Front Royal
Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing
primary access to this site is located on Route 522 South via Lake Frederick Drive.
MAGISTERIAL DISTRICT
: Opequon
PROPERTY ID NUMBER
: 87-A-103, 87-A-103C, 87-A-102
PROPERTY ZONING & PRESENT USE
:
Zoned: R5 (Residential Recreational Community) District
Use: Age Restricted Housing, Lake Frederick, & Undeveloped R5 Zoned Land
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: RA (Rural Areas) Use: Agricultural & Residential
South: RA (Rural Areas) Use: Agricultural & Residential
East: RA (Rural Areas) Use: Agricultural & Residential
Clarke County
West: RA (Rural Areas) Use: Agricultural & Residential
PROPOSAL
: To develop 926.27 acres of land zoned R5 (Residential Recreational Community)
District with a total of 2,130 (includes the 230 existing platted lots) residential dwelling units. The land
area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted
units) and will be served by private streets. The land area east of Lake Frederick will consist primarily
of traditional residential units (53 age restricted units and 1,560 traditional). The housing located on the
east side of Lake Frederick will include a mix of single family detached and attached and will be served
by public roads.
REVIEW EVALUATIONS:
Virginia Department of Transportation: A VDOT review has been conducted for the Shenandoah
Master Development Plan dated May 1, 2013 that was received in our office on May 7, 2013. Based on
MDP #01-13, Shenandoah
July 1, 2013
Page 3
the review of the drawings, all of the previous VDOT comments have been addressed and the Plan is
approved by our office. Please provide a signed set of drawings in electronic pdf format for our records.
We look forward to the opportunity to review the project in further detail, including evaluating existing
portions of Rachel Carson Drive for secondary street acceptance, during the site plan submission
process.
Frederick County Fire & Rescue:
Plan approval recommended.
Frederick County Fire Marshal
: No comment
Frederick County Public Works
: All of our previous comments have been addressed.
Frederick County Inspections Department:
Demolition permit shall be obtained prior to the removal
of any existing structures. No additional comments at this time. Inspection will comment on building
lots and utilities at the time of subdivision review.
Frederick County Sanitation Authority:
Review R-1 approved
Frederick County Parks and Recreation:
Plan with revisions appears to meet County Ordinance.
Virginia Department of Health Comment:
Health Department has no objections so long as public
sewer and water are utilized.
Frederick County Public Schools:
No additional comments at this time.
Frederick County GIS Division
: Final road naming will be determined during subdivision review.
The Frederick County Department of GIS has reviewed the requested road names for use in the
subdivision and has made the following determinations:
1. The following road names have been APPROVED and ADDED into the Frederick County
Road Naming and Structure numbering system: Abercorn Way and Bayhill Drive
Clarke County Planning Department:
Staff has completed our courtesy review of the Shenandoah
Amended Master Development Plan (dated December 14, 2012). Per our recent telephone conversation,
you indicated that the Amended Master Development Plan was being submitted for review in Frederick
County primarily to remove an age restriction requirement but also to make some design changes that
would include a reduction in the residential density. You also indicated that no subdivision activity or
changes in your development plan would take place on any properties in Clarke County.
We have no comments specific to the Amended Master Development Plan. However, we do request the
opportunity to review and comment on any future stormwater management plans that are submitted for
this project in order to determine any impacts on Clarke County properties.
Planning & Zoning:
MDP #01-13, Shenandoah
July 1, 2013
Page 4
A)
A master development plan is required prior to development of this property. Before a master
development plan 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 master
development plan conforms to all requirements of the Frederick County Zoning and Subdivision
Ordinances. The purpose of the master development plan is to promote orderly and planned
development of 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.
Master Development Plan Requirement
B)
The properties comprising this project were rezoned from the A-2 (Agricultural) District to the
R-5 (Residential Recreational Community) District in October of 1975. A Master Development
Plan for a project titled “Wheatlands” containing a total of 1,463 dwelling units was approved by
the Frederick County Board of Supervisors on July 10, 1991. A Master Development Plan for
“Shenandoah” (revised Wheatlands) containing a total of 2,130 (2.3 units per acre) age restricted
dwelling units (attached, detached and apartments on private streets), was approved by the Board
of Supervisors on October 25, 2000 (with conditions, Board of Supervisors deemed conditions
satisfied on March 25, 2001) and the plan was administratively approved by staff on May 2,
2001. On December 5, 2007, staff approved an administrative revision to the Shenandoah
Master Development Plan for minor modifications to the interior road network.
Site History
C)
Comprehensive Policy Plan:
Site Suitability & Project Scope
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1]
Land Use Compatibility:
The parcels comprising this MDP application are not located within the County’s Urban
Development Area (UDA) or the Sewer and Water Service Area (SWSA); however the site has
existing R5 Zoning and is also shown with a Planned Unit Development designation in the
Comprehensive Plan (Route 277 Triangle and Urban Center Plan). The Shenandoah
Development is proposed to develop with a density of 2.3 units per acre, which is consistent with
the maximum R5 density permitted in the Zoning Ordinance.
The Shenandoah Development is served with public sewer by the Crooked Run Wastewater
Reclamation Facility which was constructed by Oxbridge Development at Shenandoah to serve
the Shenandoah Development and turned over to the Frederick County Sanitation Authority.
Public water is also provided to the development by the Frederick County Sanitation Authority.
Site Access and Transportation:
The existing Shenandoah Development is accessed via a signalized (not yet turned on – flashing)
entrance on Route 522 south. The existing Route 522 access also serves as the primary entrance
MDP #01-13, Shenandoah
July 1, 2013
Page 5
to Lake Frederick which is owned by VDGIF. An additional full entrance for the development is
shown on Fairfax Pike (Route 277) and an emergency access is shown on Hudson Hollow Road
(Route 636).
The development can be seen as two sections, one east and one west of Lake Frederick. The
portion west of the lake is where the existing age restricted units are located and are completely
served by private roads. The MDP shows all development west of Lake Frederick to remain age
restricted and the private road network will be extended to serve those units. The portion of the
development east of Lake Frederick will primarily consist of traditional housing that will be
served by new public roads.
The Route 277 Triangle and Urban Center Plan (Appendix I), shows a new arterial road called
the South Frederick Parkway which is planned to run through the northern portion of this
property. Sheet 6 of the MDP shows how this future roadway could be accommodated on the
property.
Recreational Amenities:
The existing age restricted portion of the development located on the western side of Lake
Frederick contains a constructed community center with a pool and bathhouse. The existing
community facilities will continue to serve the age restricted portion of the development. A new
community center with a pool, bathhouse and tennis court will be constructed on the eastern side
of Lake Frederick along with a tot lot at a separate location. In addition there will be a 10 foot
paved bike path continued along Rachel Carson Drive, 4 foot lake access trails throughout the
development and three boat launch locations (with approval by VDGIF).
STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING:
The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be
consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It
should be noted that the original MDP for the Shenandoah Development included both residential and
commercial components. The commercial component while shown on the MDP is held under separate
ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP
currently being considered do not impact the commercial portion of the Shenandoah Development. The
applicant has requested that the Board of Supervisors allow them to sever the commercial and
residential landbays so they can proceed with an independent MDP; Board action on this MDP
severing is appropriate.
If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the
Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by
staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board
of Supervisors, 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.
01522
01277
CLARKECOUNTYVIRGINIA
WARRENCOUNTYVIRGINIA
MDP0113
MDP0113
MDP0113
87 A 102
87 A 103
87 A 103
87 A 103
87 A 103
87 A 103
87 A 103
87 A103C
87 A103C
87 A 102
87 A103
87 A 103
87 A 103
87 A 103
87 A 103
87 A 103
87 A 103
87 A103C
87 A103C
87 A103C
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 1, 2013Staff: cperkins
FAIRFA
X
P
I
K
E
HUD
S
O
N
H
O
L
L
O
W
R
D
MDP # 01 - 13ShenandoahPINs:87 - A - 103, 87 - A - 103C,87 - A - 102
MDP # 01 - 13ShenandoahPINs:87 - A - 103, 87 - A - 103C,87 - A - 102
0 1,800 3,600900 Feet