PC 07-18-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 18, 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) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments ................................................................................................... (no tab)
ACTION ITEM
4) 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 Lenoir Drive
(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 ...................................................................................................................... (A)
INFORMATION/DISCUSSION
5) Self-Storage Facilities in RA District - Discussion on revisions to the Frederick County
Zoning Ordinance to allow mini self-storage facilities in the RA (Rural Areas) Zoning
District as a conditional use (requiring an approved Conditional Use Permit - CUP).
Mr. Klein .......................................................................................................................... (B)
6) 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, or ISO
containers) as an accessory storage in certain zoning districts.
Mr. Klein .......................................................................................................................... (C)
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
REZONING APPLICATION #01-18
STONEWALL IV
Staff Report for the Planning Commission
Prepared: July 5, 2018
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director – Transportation
Reviewed Action
Planning Commission: 06/06/18 Public Hearing Held; Postponed 45 Days
Planning Commission: 07/18/18 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 07/18/18 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). This
item was postponed by the Planning Commission for 45 days to provide the Applicant additional
time to address transportation concerns. Since the June 6, 2018 meeting, the Applicant has provided
revised proffers that seeks to address these concerns.
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, revised June 6, 2018; June 28, 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.
2.2. Access to the Property shall be as shown on the GDP. Provided that access to the buildable
area of the Property is not impeded or eliminated, the Applicant shall not place above grade
Rezoning #01-18 Stonewall IV
July 5, 2018
Page 2
improvements on the southeast corner of the Property near the terminus of Lenoir Drive in
such a way as to preclude the construction of proposed slip ramps that are currently
depicted on the graphic entitled “Eastern Road Plan – Lenoir Drive Slip Ramp
Clarification,” created by the Frederick County Department of Planning and Development,
dated October 17, 2017, and attached hereto for reference. The southeast corner of the
Property is subject to existing easements and/or covenants of record, as of June 6, 2018.
2.3. Within 90 calendar days of a written request by the County, the Applicant shall further
dedicate such right-of-way as it may own at the terminus of Lenoir Drive for the
purpose of construction of access to existing Route 37 as described in Proffer 2.2
above.
2.4. The Applicant shall contribute up to $250,000 to the County for the purpose of
planning additional access to Stonewall Industrial Park. It shall make such contribution
at the rate of $0.30 per gross square foot of building ultimately constructed, to be paid
upon issuance of an occupancy permit for any such building or buildings.
3. Fire and Rescue:
3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of
construction as 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
July 5, 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 Public Hearing Held; Postponed 45 Days
Planning Commission: 07/18/18 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
July 5, 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
July 5, 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 and right-of-way for the Route 37 slip ramp. The Applicant has also proffered
to contribute $0.30 per gross square foot of building area for the planning of this access.
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
Level 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.
4) Proffer Statement – Dated April 25, 2018, revised June 6, 2018; June 28, 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.
Rezoning #01-18 Stonewall IV
July 5, 2018
Page 6
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.
2.2. Access to the Property shall be as shown on the GDP. Provided that access to the buildable
area of the Property is not impeded or eliminated, the Applicant shall not place above grade
improvements on the southeast corner of the Property near the terminus of Lenoir Drive in
such a way as to preclude the construction of proposed s lip ramps that are currently
depicted on the graphic entitled “Eastern Road Plan – Lenoir Drive Slip Ramp
Clarification,” created by the Frederick County Department of Planning and Development,
dated October 17, 2017, and attached hereto for reference. The southeast corner of the
Property is subject to existing easements and/or covenants of record, as of June 6, 2018.
2.3. Within 90 calendar days of a written request by the County, the Applicant shall further
dedicate such right-of-way as it may own at the terminus of Lenoir Drive for the
purpose of construction of access to existing Route 37 as described in Proffer 2.2
above.
2.4. The Applicant shall contribute up to $250,000 to the County for the purpose of
planning additional access to Stonewall Industrial Park. It shall make such contribution
at the rate of $0.30 per gross square foot of building ultimately constructed, to be paid
upon issuance of an occupancy permit for any such building or buildings.
3. Fire and Rescue:
3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of
construction as 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).
Rezoning #01-18 Stonewall IV
July 5, 2018
Page 7
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/06/18 MEETING:
Staff provided an overview of the request and noted that a revised proffer statement was provided prior
to the meeting. Mr. John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant
provided an overview of their proposal. Mr. Foote presented diagrams that showed the slip ramp. Mr.
Foote noted the entrance to the property was adjusted after discussion with Staff regarding the slip
ramps. Mr. Foote provided an aerial map of the property and the surrounding area. He presented an
overview of the property and its owners. Mr. Foote shared a summary of the proposed warehousing and
the traffic this will generate. Mr. Foote presented the ramp design and noted the right-of-way for this
design for the Route 37 bypass will be dedicated to the County at no cost when written request from the
County is received. Mr. Foote mentioned the Historic Resources review, that is consistent with a
specific recommendation made by the HRAB with which the Applicant is in concurrence. He
concluded, the Applicant is seeking a favorable recommendation to let Stonewall IV construct 820,000
SF of low impact warehouse in an industrial area planned for that purpose that is an extension of an
industrial park in which it already has three buildings that have been constructed over the last several
years and would like to do more. A Commission Member requested clarification, there is no access to
Route 37 from this property. Mr. Foote noted that is correct.
Two citizens spoke during the public hearing and expressed concerns over the access to the property
and existing transportation concerns on Welltown Road and Martinsburg Pike.
A Commission Member inquired regarding VDOT’s comments, he did not read where VDOT has
sensitivity to the traffic problems being brought forth, is there a study taking place that could alleviate
the issue. Staff explained there is ongoing work; the traffic study was done and there was not a lot for
VDOT to grasp, it was a TIA that was not required under Chapter 527 however, the County required it
because of not being comfortable bringing this rezoning forward without even looking at the traffic. He
continued, the slip ramp has been on the Comprehensive Plan for some time; during the last round of
SmartScale the Transportation Committee was reviewing this vigorously however, updates to the
SmartScale requirements hindered this in the terms of a specific study that was now required; since that
time this has been put into place through the MPO specifically an interchange justification report.
A Commission Member asked is the SmartScale application a very lengthy process. Staff replied yes,
for example; the applications being submitted August 1, 2018 have been in process since last summer;
the next cycle of applications will start being prepared immediately after submission of these.
A motion was made, seconded, and passed to recommend postponement for 45 days.
Yes: Marston, Ambrogi, Cline, Kenney, Triplett, Wilmot
No: Dawson, Thomas
(Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.)
Rezoning #01-18 Stonewall IV
July 5, 2018
Page 8
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/18/18 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). This
item was postponed by the Planning Commission for 45 days to provide the Applicant additional time
to address transportation concerns. Since the June 6, 2018 meeting, the Applicant has provided revised
proffers that seeks to address these concerns.
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
STONEWALLINDUSTRIAL PARKSubdivision
0137
43 A 21
43 19 4
43 A 24
43 A 21B
100SENTRY CT 104SENTRY CT 394FORTRESS DR 395FORTRESS DR
370STINE LN
1303MARTINSBURGPIKE
1303MARTINSBURGPIKE
1263MARTINSBURGPIKE 100FULLHOUSE DR
133FORTRESS DR 103SENTRY CT 109SENTRY CT
298FORTRESS DR390FORTRESS DR 392FORTRESS DR
391FORTRESS DR
1239MARTINSBURGPIKE101SALVO CIR135FORTRESS DR
288FORTRESS DR
104BLACKPOWDER CT
102BLACKPOWDER CT
100SALVO CIR
143FORTRESS DR287FORTRESS DR
291FORTRESS DR 297FORTRESS DR
103BLACKPOWDER CT
102SALVOCIR 1305MARTINSBURGPIKE
425LENOIR DR
403LENOIR DR
399LENOIR DR
1461MARTINSBURGPIKE
389LENOIR DR
340LENOIR DR
325LENOIR DR
340LENOIR DR 275LENOIR DR
260LENOIR DR
304LENOIR DR 255LENOIR DR
240LENOIR DR
396TYSON DR 208LENOIR DR
200LENOIR DR
104RIGGERS DR
148LENOIR DR
334HANDLEY DR 384TYSON DR 206LENOIR DR
360TYSON DR
305TYSON DR
310TYSON DR
257TYSON DR
645MCGHEE RD
657MCGHEE RD
255TYSON DR656MCGHEE RD
270TYSON DR
325MCGHEE RD
650MCGHEE RD 625MCGHEE RD
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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)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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REZ # 01 - 18Stonewall IVPINs:43 - A - 21, 43 - A - 21B, 43 - A - 24, 43 - 19 - 4Rezoning from RA to M1Zoning Map
0 670 1,340335 Feet
REZ # 01 - 18Stonewall IVPINs:43 - A - 21, 43 - A - 21B, 43 - A - 24,43 - 19 - 4Rezoning from RA to M1Zoning Map
01522
REZ #01-18
REZ #01-18
REZ #01-18
REZ #01-18
SPRINGVALLEYSubdivision
STONEWALLINDUSTRIAL PARKSubdivision
0137
FloodZoneAE
FloodZoneA
43 A 21
43 19 4
43 A 24
43 A 21B
100SENTRY CT 104SENTRY CT 394FORTRESS DR 395FORTRESS DR
370STINE LN
1303MARTINSBURGPIKE
1303MARTINSBURGPIKE
1263MARTINSBURGPIKE 100FULLHOUSE DR
133FORTRESS DR 103SENTRY CT 109SENTRY CT
298FORTRESS DR390FORTRESS DR 392FORTRESS DR
391FORTRESS DR
1239MARTINSBURGPIKE
135FORTRESS DR
101SALVO CIR 288FORTRESS DR
104BLACKPOWDER CT
102BLACKPOWDER CT
100SALVO CIR
143FORTRESS DR287FORTRESS DR
291FORTRESS DR 297FORTRESS DR
103BLACKPOWDER CT
102SALVOCIR 1305MARTINSBURGPIKE
425LENOIR DR
403LENOIR DR
399LENOIR DR
1461MARTINSBURGPIKE
389LENOIR DR
340LENOIR DR
325LENOIR DR
340LENOIR DR 275LENOIR DR
260LENOIR DR
304LENOIR DR 255LENOIR DR
240LENOIR DR
396TYSON DR 208LENOIR DR
200LENOIR DR
104RIGGERS DR
148LENOIR DR
334HANDLEY DR 384TYSON DR 206LENOIR DR
360TYSON DR
305TYSON DR
310TYSON DR
257TYSON DR
645MCGHEE RD
657MCGHEE RD
255TYSON DR656MCGHEE RD
270TYSON DR
325MCGHEE RD
650MCGHEE RD 625MCGHEE RD
252TYSON DR 240TYSON DR
601MCGHEE RD
220TYSON DR557MCGHEE RD 141LAKEVILLECIR
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Building FootprintsEastern 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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REZ # 01 - 18Stonewall IVPINs:43 - A - 21, 43 - A - 21B, 43 - A - 24, 43 - 19 - 4Rezoning from RA to M1Location Map
0 670 1,340335 Feet
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SUNNYSIDESubdivision
SPRING VALLEYSubdivision
STONEWALLINDUSTRIAL PARKSubdivision
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43 19 4 43 A 24
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1150PURCELL LN1093FOREMAN LN185LAUCK DR184LAUCK DR111FORTRESS DR
103SENTINEL DR 107SENTINEL DR 412FORTRESS DR409FORTRESS DR411FORTRESS DR
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102CALIBER CT106CALIBER CT
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1187MARTINSBURGPIKE 1197MARTINSBURGPIKE
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103CALIBER CT 107CALIBER CT
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370STINE LN 1205MARTINSBURGPIKE 1221MARTINSBURGPIKE
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102SENTRY CT 106SENTRY CT 397FORTRESS DR
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257TYSON DR657MCGHEE RD
310TYSON DR645MCGHEE RD
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Sewer and Water Service Area
Parcels
Future Rt 37 Bypass
Building Footprints
Eastern Road Plan
Ramp
Long Range Land Use
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Mobile Home Community
Business
Highway Commercial
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Mixed Use Industrial/Office
Industrial
Warehouse
Heavy Industrial
Extractive Mining
Commercial Rec
Rural Community Center
Fire & Rescue
Sensitive Natural Areas
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
Environmental & Recreational Resources
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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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REZ # 01 - 18Stonewall IVPINs:43 - A - 21, 43 - A - 21B, 43 - A - 24, 43 - 19 - 4Rezoning from RA to M1Long Range Land Use Map
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REZ # 01 - 18Stonewall IVPINs:43 - A - 21, 43 - A - 21B, 43 - A - 24,43 - 19 - 4Rezoning from RA to M1Long Range Land Use Map
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment –Storage Facilities, self-service, in RA District
DATE: July 9, 2018
This is a proposed amendment to Chapter 165 – Zoning Ordinance to allow storage facilities, self-
service, in the RA (Rural Areas) Zoning District as a conditional use (requiring an approved
Conditional Use Permit – CUP). Currently, storage facilities, self-service, are only allowed in the
B2 (General Business), B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial
General) Zoning Districts.
This text amendment was previously presented to the Planning Commission and Board of
Supervisors for information/discussion and subsequently came forward for public hearings (and
was subsequently denied by the Board of Supervisors) in late-2015. At the February 26, 2018
Development Review and Regulations Committee (DRRC) meeting, Staff was instructed to bring
this item as it was proposed in 2015 back for further consideration. This item was presented to the
Planning Commission on April 4, 2018; the Commission instructed Staff to take the item back to
the DRRC for further revisions.
At the May 24, 2018 DRRC meeting, the DRRC recommended changes to the 2015 proposal. This
draft text amendment includes additional requirements for self-storage storage facilities in the RA
District. These supplemental use regulations include: conformance with B2 (General Business)
District standards for setbacks, buffering and screening (except where topography or existing
vegetation would fulfill the screening requirements); and a requirement for self-storage facilities
to have direct access to a state roadway.
The attached document shows the revised ordinance proposal as recommended by the DRRC (with
bold italic for text added). This item is presented for discussion. Comments and suggestions
from the Planning Commission will be forwarded to the Board of Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
ARTICLE IV
Agricultural and Residential Districts
Part 401 – RA Rural Areas District
§ 165-401.03 Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been
granted for the use:
TT. Self-Service Storage Facilities
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204 – Additional Regulations for Specific Uses
§ 165-204.18 Storage facilities, self-service.
Where allowed, self-service storage facilities shall meet the following requirements:
A. Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning
districts in which they are permitted.
B. All parking areas, travel aisles and maneuvering areas associated with the self-service storage facility
operations shall be paved with asphalt, concrete or similar material to provide a durable hard surface.
C. Buildings are permitted that provide interior and exterior accessible units. Individual units within the
self-service storage building shall not exceed 1,000 square feet in area.
D. Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that
adequate travel aisles are maintained between buildings.
E. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the
self-service storage facility, provided that the storage area is separate from the parking areas and
travel aisles and is depicted on the approved site development plan. Areas utilized for this purpose
shall be exempt from the surface requirements specified under § 165-204.18B.
F. Self-service storage facilities shall meet the following landscaping or screening requirements:
(1) Facilities located in the B-2 Business General District shall be completely screened around the
perimeter of the property by a double row of evergreen trees that are staggered and planted a
maximum of eight feet off center and are a minimum of six feet in height when planted.
(2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall
be required to landscape the yard area within the front yard setback to provide for a double row of
evergreen trees that are staggered and planted a maximum of eight feet off center. The side and
rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a
maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the time of
planting.
(3) Facilities located on parcels that are within a master planned industrial park or office park shall
be required to landscape the perimeter of the facility with a single row of evergreen or deciduous
trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in
height at the time of planting.
(4) The required planting of all trees described under this Subsection F shall occur in an area that is
between the adjoining property boundary line and the placement of security fencing. The
installation of an opaque wall or fence that is a minimum of six feet in height may substitute for
required landscaped areas in all zoning districts.
G. Self-service storage facility operations shall be designed to accommodate the storage of residential,
commercial and industrial items, excluding hazardous, toxic and explosive materials. No use, sale,
repair or activity other than storage shall be permitted to occur in self-service storage facility
operations. A copy of the lease agreement which describes the requirements of this subsection shall
be approved in conjunction with the site development plan for the self-service storage facility
operation.
H. In addition to the above, self-service storage facilities in the RA (Rural Areas) District shall adhere
to the following requirements:
(1) All development shall conform to all B2 (General Business) District standards unless the
storage is screened naturally by vegetation or typography.
(2) All developments shall have direct access onto a state road.
C
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Planner
SUBJECT: Ordinance Amendment – Shipping Containers
DATE: July 9, 2018
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 know as intermodal
containers, cargo containers, freight containers, or ISO containers) as accessory storage in certain
zoning districts. Shipping containers are typically 8-feet (FT) wide, 8-FT tall and 20-40-FT long.
The current zoning ordinance does not specifically address shipping containers, only where tractor
trailers may be parked or stored.
This item was first discussed by the Development Review and Regulations Committee (DRRC)
on February 26, 2018. This item was then forwarded to the Planning Commission for discussion
on April 4, 2018, and subsequently to the Board of Supervisors for discussion on May 9, 2018.
The Board of Supervisors directed Staff to take the proposed text amendment back to the DRRC
for additional consideration based on the Board’s discussion with the following comments:
• Shipping containers as accessory storage should be allowed in all business and industrial
districts. Shipping containers are integral to business and industrial uses for transportation
services, warehousing, and distribution. Existing regulations for outdoor storage and
tractor trailer parking may already regulate this use and additional restrictions may not be
necessary. Shipping containers are designed to be stacked.
• The original draft revision stated that shipping containers as accessory storage may
conflict with residential uses and it may be appropriate for Frederick County to prohibit
their use on residential lots of all sizes, including rural residential subdivisions. The
Board of Supervisors did not all agree this was an issue that needed to be regulated.
• Prohibiting storage containers as storage in the RA (Rural Areas) Zoning District by lot
size (i.e. 6-acres or more, or 6-acres or less) may be arbitrary, for example some farms
could be as small as 1-acre.
This item was again discussed by the DRRC at their May 24th and June 28th regular meetings. After
additional consideration, the DRRC proposed prohibiting the use of shipping containers as
accessory storage only in the RP (Residential Performance), R4 (Residential Planned Community)
and R5 (Residential Recreation Community) Zoning Districts.
Based on the comments received from the DRR C, Staff has drafted a revision to the Zoning
Ordinance to prohibit the use of shipping containers as accessory structures in residential (RP, R4,
& R5) subdivisions. The intent of this modification is to further clarify what may be used for an
“accessory structure.” Shipping containers would continue to be allowed in all other zoning
districts as an accessory use or storage and would need to meet the applicable setback requirements
for accessory uses.
The attached document shows the proposed ordinance as revised by the DRRC (with bold italic
for text added). This item is presented for discussion. Comments and suggestions from the
Planning Commission will be forwarded to the Board of Supervisors.
Attachment: 1. Revised ordinance with additions shown in bold underlined italics.
MTK/pd
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§165-101.02 Definitions and word usage
Shipping containers – pre-fabricated, durable, steel shipping containers, also known as intermodal
containers, cargo containers, freight containers, or ISO containers.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201 – Supplementary Use Regulations
§165-201.05 Secondary or accessory uses.
When permitted secondary or accessory uses that are normally or typically found in association with the
allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall
meet the requirements of this section as well as any particular standard imposed on such use.
G. In no case shall a shipping container, i.e. pre-fabricated steel shipping boxes, be allowed as an
accessory use or storage in the RP (Residential Performance), R4 (Residential Planned Community)
and R5 (Residential Recreational Community) Zoning Districts. Shipping containers are allowed in all
other zoning districts as an accessory use or storage and should meet the applicable setback
requirements for accessory uses.