PC 02-15-12 Meeting Agenda
AGENDA
REGULAR MEETING
FREDERICK COUNTY PLANNING COMMISSION
WEDNESDAY, FEBRUARY 15, 2012
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
7:00 P.M. – Regular Meeting – Call to Order
Pursuant to established procedures, the Planning Commission .... should adopt the Agenda for
Adoption of Agenda
the meeting.
Minutes:
.......................................................................................................................................... (A)
1. Regular Meeting, January 4, 2012
County Officials:
1. Resolution in Honor of George J. Kriz as a Member of the Frederick County Planning
Commission ............................................................................................................................ (B)
Committee Reports
Citizen Comments
Public Hearings:
1) Rezoning #01-12 of Snowden Bridge Station, submitted by GreyWolfe, Inc., to rezone 6.512
acres from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance)
District, totaling 12.692 acres, to M1 (Light Industrial) District, with proffers. The properties
are located adjacent to CSX Railroad, 620 feet east of Route 11 on the north side of Snowden
Bridge Boulevard, and are identified by Property Identification Numbers 43-A-143, 43-A-144,
43-A-145, 43-A-146 and 43-A-147 in the Stonewall Magisterial District.
Mr. Ruddy ............................................................................................................................. (C)
2) Rezoning #02-12 of Renaissance Commercial Center, submitted by Greenway Engineering,
to rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989 acres
from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from
the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres,
with proffers, for commercial use. The properties are located on the west side of Valley Pike
(Route 11 South), approximately ½ mile south of the Route 37 interchange near Interstate 81
Exit 310and are identified by Property Identification Numbers 75-A-2C and 75-A-2R in the
Back Creek Magisterial District.
Mrs. Perkins ........................................................................................................................... (D)
Adjourn
Frederick County Planning Commission Page 2816
Minutes of January 4, 2012
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 January 4, 2012.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/
Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; Lawrence R.
Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District
George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek
District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; Board of
Supervisors’ Liaison, Ross Spicer; and Roderick B. Williams, County Attorney.
ABSENT: J. Stanley Crockett, Stonewall District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning
Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and
Renee’ S. Arlotta, Clerk.
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CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced
the addition of an item to the end of the agenda involving discussion of a proposed amendment dealing
with sidewalks and pedestrian walkways. A motion was made by Commissioner Kriz to adopt the
January 4, 2012, agenda for this evening’s meeting with the additional item at the end of the agenda. This
motion was seconded by Commissioner Triplett and unanimously passed.
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ELECTION OF OFFICERS, MEETING SCHEDULE, COMMITTEE APPOINTMENTS, AND
ADOPTION OF BYLAWS FOR 2012
The Secretary to the Planning Commission, Mr. Eric R. Lawrence, presided over the
election of the Chair and Vice Chair for 2012.
Election of June M. Wilmot, Chairman for 2012
Secretary Lawrence declared nominations open for Chairman for the 2012 calendar year.
The nomination of Ms. June M. Wilmot for Chairman was made by Commissioner
Thomas and seconded by Commissioner Triplett.
Frederick County Planning Commission Page 2817
Minutes of January 4, 2012
A motion was made by Commissioner Kriz, seconded by Commissioner Thomas, and
unanimously passed to close nominations for Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Ms. June M. Wilmot as Chairman of the Planning Commission for the Year of 2012.
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Election of Roger L. Thomas, Vice Chairman for 2012
Secretary Lawrence declared nominations open for Vice Chairman for the 2012 calendar
year.
The nomination of Mr. Roger L. Thomas was made by Commissioner Oates and
seconded by Commissioner Triplett.
Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and
unanimously passed to close the nominations for Vice Chairman.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2012.
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Election of Eric R. Lawrence, Secretary for 2012
Chairman Wilmot declared nominations open for Secretary of the Planning Commission.
The nomination of Mr. Eric R. Lawrence was made by Commissioner Thomas and
seconded by Commissioner Triplett.
Motion was made by Commissioner Kriz, seconded by Commissioner Thomas, and
unanimously passed to close the nominations for Secretary.
BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby
elect Mr. Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2012.
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MEETING SCHEDULE FOR 2012
Planning Commission and Committees
Upon motion made by Commissioner Thomas, and seconded by Commissioner Triplett,
Frederick County Planning Commission Page 2818
Minutes of January 4, 2012
BE IT RESOLVED, that the Frederick County Planning Commission voted unanimously to have their
regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the
Board of Supervisors’ meeting room in the Frederick County Administration Building. In addition, if
inclement weather prohibits the Wednesday evening meeting, the Commission shall move the meeting to
Thursday evening, which is the day after the regularly-scheduled Wednesday meeting.
Upon motion made by Commissioner Oates and seconded by Commissioner Thomas,
BE IT RESOLVED, that the Frederick County Planning Commission has voted unanimously for their
Comprehensive Plans and Programs Committee to meet the second Monday of each month at 7:00 p.m. in
the first floor conference room; and for the Development Review and Regulations Committee to meet on
the fourth Thursday of each month at 7:00 p.m. in the first floor conference room.
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Committee Assignments for 2012
Regarding committee assignments for the calendar year of 2012, Chairman Wilmot asked
the Planning Commission members to remain in their current committee assignments until she had the
opportunity to communicate with everyone individually and determine if everyone is satisfied with their
particular role.
Chairman Wilmot next announced the following liaisons: Transportation Committee,
Commissioner Oates with Commissioner Lemieux as his alternate; Historic Resources Advisory Board,
Commissioner Oates; Economic Development Commission, Commissioner Madagan; Sanitation
Authority, Commissioner Unger; Conservation Easement Authority, Commissioner Triplett; and
Winchester Planning Commission, Commissioner Mohn.
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Planning Commission Bylaws and Roles & Responsibilities for 2012
Planning Director, Eric R. Lawrence, stated the Planning Commission’s Bylaws and the
Roles and Responsibilities were both reviewed by the Commission last month and there have been no
changes. He said both are appropriate for approval this evening.
Upon motion made by Commissioner Thomas and seconded by Commissioner Triplett,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously adopt the
Planning Commission’s Bylaws and Roles & Responsibilities for the calendar year of 2012, as presented.
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Frederick County Planning Commission Page 2819
Minutes of January 4, 2012
MEETING MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
Planning Commission unanimously approved the minutes of the December 7, 2011 meeting.
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COMMITTEE REPORTS
Senseny Road/ Eastern Frederick Urban Area Plan Facilitator Group Meeting – 12/21/11 Mtg.
Commissioner Mohn reported that the Facilitator’s Group discussed business
development and residential group recommendations. He said the next meeting will be on Monday
evening, January 9, 2012, and the group will be focusing on green infrastructure and public facilities
group recommendations.
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Economic Development Commission (EDC) – 12/09/11 Mtg.
Commissioner Madagan reported the EDC continued discussions regarding the “Strategy
and Mission” of the EDC by insuring those goals were in line with the new Comprehensive Policy Plans
from both the City of Winchester and Frederick County. He said some areas of modification were
discussed and the EDC will probably adopt the new “Strategy and Mission” at their next meeting.
Commissioner Madagan reported that all future annual reports of the EDC will be delivered in digital
format only. In addition, he said the EDC staff reported about their attendance at the Private Label
Manufacturer’s Association Expo in Chicago in November. He said the EDC staff was able to conduct an
appointment with a targeted company while there.
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Winchester Planning Commission – 12/20/11 Mtg.
Commissioner Mohn reported that the Winchester Planning Commission considered a
conditional use permit application, a small rezoning on Amherst Street, and some administrative action
items. He said the most significant item was the announcement that this was Chairman Nate Adams’ last
meeting, as well as Commissioner Kevin Talley’s last meeting.
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Welcome to Gainesboro Supervisor, Mr. Ross Spicer
Chairman Wilmot welcomed Mr. Ross Spicer, the newly-elected Board of Supervisors
member from the Gainesboro District.
Frederick County Planning Commission Page 2820
Minutes of January 4, 2012
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CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda.
Mr. Dave Stegmaier, Director of Community Outreach for the Honorable Frank R. Wolf,
U.S. House of Representatives, 10th District, came forward and introduced himself to the Planning
Commission. Mr. Stegmaier said he has been working the last several months out of the Cameron Street
District Office. He stated he writes weekly reports to the Congressman about events taking place in the
Valley, people he has met, and meetings he has attended. Mr. Stegmaier commented that he looks
forward to reviewing the agenda and following up in summary form to report on this particular meeting.
Mr. Stegmaier added that his role is to be a conduit for information and if any of the
Commissioners, either individually or collectively, have an interest in sharing views with the
Congressman, one way of doing so would be to contact him at the Cameron Street office and he would be
happy to follow up.
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PUBLIC HEARING
Conditional Use Permit #10-11 for Joseph Racey, Sr. and AT&T Mobility for a 199-foot monopole
telecommunications facility at 3392 Back Mountain Road. This property is identified with P.I.N.
59-A-6 in the Back Creek Magisterial District.
No Action – Applicant Requested Postponement
Chairman Wilmot announced that correspondence, dated January 4, 2012, was received
from the applicant requesting the application be withdrawn from this evening’s agenda. Chairman
Wilmot asked if there was anyone in the audience who came to speak regarding this particular conditional
use permit application. No one from the audience indicated they were present for this particular
application.
Commissioner Thomas made a motion to remove this item from the agenda and to
postpone it indefinitely, based on the applicant’s request. This motion was seconded by Commissioner
Triplett and was unanimously passed.
(Note: Commissioner Crockett was absent from the meeting.)
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Tasker Road Comprehensive Policy Plan Amendment (CPPA #01-11) involving an 11.35-acre
change in land use classification from Institutional to Residential. The property, Parcel 86, is
located on the east side of Tasker Road and north of Rutherford Lane, approximately 0.7 miles
south of I-81, Exit 310 interchange, in the Shawnee Magisterial District.
Frederick County Planning Commission Page 2821
Minutes of January 4, 2012
Action – Recommended Approval
Deputy Planning Director, Michael T. Ruddy, stated that access to the site ultimately
would be through Rutherford Lane with potential access via inter-parcel connectivity to the parcels to the
east and northeast. Mr. Ruddy said the Comprehensive Policy Plan Committee (CPPC) approval
recognized the transportation aspect of the request and recommended further efforts in providing the best
and safest access to the site, including inter-parcel connectivity. He said this was followed forward to the
Commission and Board discussions; both of those bodies were generally in support of the proposed
request and the Board of Supervisors directed the staff to move towards a public hearing. Mr. Ruddy
added that a map for this will ultimately be incorporated into the Senseny/ Eastern Frederick Land Use
Plan, which is currently under development.
Mr. Ronald Mislowsky, with Patton, Harris, Rust & Associates, came forward on behalf
of the owner, Shawnee Village, LC, c/o Dave Holliday Construction, Inc. Mr. Mislowsky stated the
inter-parcel connector issue is new to him and he did not remember hearing about it up to this point. Mr.
Mislowsky stated that PHR&A has prepared a plan, VDOT has reviewed it, and the applicant is aware
they need to abide by an intersection design which meets VDOT’s approval for site distance, safety, and
stacking, etc. He said he understood the issues about access at Rutherford Lane and Tasker Road;
however, the inter-parcel connectivity may be a problem. He presumed the parcel in question was the
mini -storage parcel to the north; however, he wasn’t sure if it was appropriate to have inter-parcel
connectivity between a commercial piece and a potential residential use. Mr. Mislowskly hoped the inter-
parcel access would not be a requirement for the Comprehensive Policy Plan Amendment because he
wasn’t sure whether it would be possible, due to the elevation of the properties or the uses of the
properties. He said they will be happy to work with the staff through the approval processes to see what
can be done, but he would rather not have the inter-parcel connectivity issue be contingent for approval.
Chairman Wilmot next opened the public hearing to citizen comments and called for
anyone in the audience wishing to speak regarding this Comprehensive Policy Plan Amendment. No one
came forward to speak and Chairman Wilmot closed the public comment portion of the hearing.
Commissioner Manuel made a motion to recommend approval of CPPA #01-11 of
Tasker Road, Parcel 86, to the Board of Supervisors. This motion was seconded by Commissioner
Ambrogi and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of CPPA #01-11 of Tasker Road, Parcel 86, consisting of an 11.35-acre change in
land use classification from Institutional to Residential.
(Note: Commissioner Crockett was absent from the meeting.)
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2012-2013 Capital Improvements Plan (CIP). The CIP is a prioritized list of capital projects
requested by various Frederick County departments and agencies. The CIP is created as an
informational document to assist in the development of Frederick County’s annual budget and, if
adopted, is a component of the 2030 Comprehensive Policy Plan.
Frederick County Planning Commission Page 2822
Minutes of January 4, 2012
Action – Recommended Approval
Deputy Planning Director, Michael T. Ruddy, reported that the Comprehensive Policy
Plan (CPPC) Executive Committee endorsed the 2012-2013 Capital Improvements Plan (CIP) for
Frederick County at their meeting on November 14, 2011. Mr. Ruddy stated that the Planning
Commission and the Board of Supervisors concurred with this endorsement during their individual
discussions and affirmed the CIP’s conformance with the Comprehensive Policy Plan. He noted that
this year’s CIP contains 92 projects, with several added projects revolving around the Winchester Airport.
Mr. Ruddy said the CIP continues to reinforce the connection between the CIP, the Comprehensive Policy
Plan, and rezoning applications, particularly with proffered contributions.
Commissioner Unger inquired about plans for the fourth high school.
Mr. Wayne Lee, with Frederick County Public Schools, explained it takes approximately
three to three-and-a-half years to go through the approval process and to construct a school. Mr. Lee said
the School Board would like to have the school opened by the Fall of 2016; therefore, the plan is to get
started three years before that time. He said the Fall of 2016 is when the School Board has projected
there will be a need, population-wise, for the fourth school.
Chairman Wilmot next 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.
A motion was made by Commissioner Thomas stating that the 2012-2013 Capital
Improvements Plan (CIP) was in conformance with the County’s Comprehensive Policy Plan and
recommending that the CIP be sent forward to the Board of Supervisors for approval as presented. This
motion was seconded by Commissioner Kriz and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously endorse
the 2012-2013 Capital Improvements Plan (CIP) and its conformance with the Comprehensive Policy
Plan and does hereby recommend approval to the Board of Supervisors as presented.
(Note: Commissioner Crockett was absent from the meeting.)
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A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article II,
Supplemental Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204,
Additional Regulations for Specific Uses, Section 165-204.19 Telecommunications Facilities,
Commercial. This proposed amendment includes revisions to the commercial telecommunication
facility requirements of the Frederick County Zoning Ordinance.
Action – Recommended Approval
Senior Planner, Candice E. Perkins, reported this proposed ordinance amendment is to
revise the supplemental use regulations pertaining to commercial telecommunication towers. Ms. Perkins
said the primary changes are revisions to the introductory language to include recognition of a 15.2232(A)
review within the ordinance; the addition of language which states there must be a need for the facility;
Frederick County Planning Commission Page 2823
Minutes of January 4, 2012
and clarification of the co-location requirements. She said this item was discussed by the Board of
Supervisors at their December 14, 2011 meeting and the Board requested changes to the co-location
requirements, as well as the definition of an existing structure. With those changes, the Board sent the
amendment forward for public hearing. Ms. Perkins noted this is being presented as a public hearing and
the staff is seeking a recommendation from the Planning Commission to forward to the Board of
Supervisors.
Commissioner Thomas asked for clarification on the statements that co-location efforts
should be extended to buildings and not solely the telecommunications towers themselves. He asked if
this implied that one provider should allow another provider access to the inside of the building where
their equipment is located.
Ms. Perkins replied that the County wants to be sure the providers are considering all
available options. She said typically, there are multiple users on one tower and each provider will have
their own equipment sheds or cabinets within the compound. Ms. Perkins said the revisions do not
require access to the inside of another provider’s building; she said there is typically enough room for
several sheds or cabinets within a single compound.
Commissioner Mohn inquired if the 2232(A) review under the revised process would be
a separate review or if it would be incorporated into the CUP (conditional use permit) process. Ms.
Perkins replied it was not a separate process and would be conducted during the regular CUP process.
Chairman Wilmot next opened the public hearing to citizen comments and called for
anyone in the audience who wished to speak regarding this ordinance amendment. No one came forward
to speak and Chairman Wilmot closed the public comment portion of the hearing.
Commissioner Oates made a motion to recommend adoption of the revisions to the
ordinance as presented. This motion was seconded by Commissioner Kriz and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article II,
Supplemental Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 204, Additional
Regulations for Specific Uses, Section 165-204.19 Telecommunications Facilities, Commercial. This
proposed amendment includes revisions to the commercial telecommunication facility requirements of the
Frederick County Zoning Ordinance.
(Note: Commissioner Crockett was absent from the meeting.)
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Chairman Wilmot next relinquished the chair to Vice Chairman Thomas and he officiated for the
remainder of the meeting.
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Frederick County Planning Commission Page 2824
Minutes of January 4, 2012
A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article I, General
Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions, 165-101.02
Definitions and Word Usage; Article II, Supplementary Use Regulations, Parking, Buffers and
Regulations for specific Uses, Part 201, Supplementary Use Regulations, 165-201.08, Protection of
Environmental Features – Riparian Buffers. This proposed amendment includes revisions to the
riparian buffer requirements of the Frederick County Zoning Ordinance.
Action – Recommended Approval
Senior Planner Candice E. Perkins reported that the proposed ordinance amendment is to
revise the riparian buffer requirements. Ms. Perkins said the amendment would allow disturbance of
riparian buffers for private utilities, access to a property, buffer restoration, and creation of wetlands,
trails, and parks with a Planning Commission waiver. She said the amendment also includes revisions to
the definition of “road” and “street” to remove the word, “existing.”
Vice Chairman Thomas next opened the public hearing to citizen comments and called
for anyone in the audience who wished to speak regarding this ordinance amendment. No one came
forward to speak and Vice Chairman Thomas closed the public comment portion of the hearing.
Commissioner Oates stated that this amendment was discussed at length at the
Development Review and Regulations Committee (DRRC) and the applicant who requested the changes
was satisfied with the revisions. Commissioner Oates made a motion to recommend approval of the
amendment as presented. This motion was seconded by Commissioner Kriz and was unanimously
passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of a proposed amendment to the Frederick County Code, Chapter 165, Zoning,
Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101, General Provisions,
165-101.02 Definitions and Word Usage; Article II, Supplementary Use Regulations, Parking, Buffers
and Regulations for specific Uses, Part 201, Supplementary Use Regulations, 165-201.08, Protection of
Environmental Features – Riparian Buffers. This proposed amendment includes revisions to the riparian
buffer requirements of the Frederick County Zoning Ordinance.
(Note: Commissioner Crockett was absent from the meeting; Chairman Wilmot abstained.)
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A proposed amendment to 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, Section 165-202.03 Motor Vehicle Access; and Chapter 144,
Subdivision of Land, Article V, Design Standards, Section 144-17 Streets, Section 144.18 Sidewalks
and Pedestrian Walkways, Section 144.24 Lot Requirements. This proposed amendment includes
revisions to allow alternative designs to implement low impact design techniques in a residential
development and to increase the cul-de-sac length requirement.
Action – Recommended Approval
Frederick County Planning Commission Page 2825
Minutes of January 4, 2012
Senior Planner, Candice E. Perkins, reported that staff had received this request to revise
the Zoning and Subdivision Ordinances to allow for alternative designs to implement low impact design
techniques in residential development, as well as an increase in the maximum cul-de-sac length
allowance. Ms. Perkins said this was first discussed at a joint work session on December 7, 2011 and the
staff was directed to schedule the item for Board of Supervisors’ discussion. Ms. Perkins next reviewed
the changes associated with this ordinance amendment, as follows: 1) a revision to provide the Zoning
Administrator with the ability to waive the curb and gutter requirement for private roads when low impact
design is proposed; the proposed curb and gutter elimination would also need approval from the Director
of Public Works; 2) a revision to the street layout requirements for the continuation of planned, existing,
or platted streets on adjoining parcels; 3) a revision to the sidewalk requirement to add “sidewalks” in
addition to walkways, and to add the Director of Public Works and the Building Official as reviewing
parties for the allowance of alternative materials for sidewalks and walkways; and, 4) a revision to allow
individual lots on private roads to be up to 1,000 feet from a state-maintained road and allowance for the
Planning Commission to allow lots to be up to 1,200 feet from the state-maintained road.
Ms. Perkins said this amendment was discussed by the Board of Supervisors at their
December 14, 2011 meeting. She said the Board expressed concern with the waivers contained within the
amendment and staff has since changed the text to require Board of Supervisors’ waivers. Ms. Perkins
said the staff is seeking a recommendation from the Planning Commission to forward to the Board of
Supervisors.
Vice Chairman Thomas opened the public hearing to citizen comments and called for
anyone in the audience wishing to speak concerning the proposed amendment. No one came forward to
speak and Vice Chairman Thomas closed the public comment portion of the hearing.
Commissioner Oates believed this type of request was straight-forward and requiring an
applicant to go through a waiver process, which would add four-to-six weeks to the approval process, was
inappropriate. He believed this should be handled at the staff level. Commissioner Oates said his
recommendation to the Board would be to give the Zoning Administrator authority to grant the approval
based on a Public Works’ recommendation. He said requiring a waiver by the Board would add eight
weeks to a process that would benefit no one.
Vice Chairman Thomas agreed with Commissioner Oates. Vice Chairman Thomas
thought it was a bit unique that it would have to go to the Board of Supervisors; however, it was a direct
request from the Board.
Commissioner Oates commented that the Board will be adding extra time to an
application approval process. He believed this was something that could be handled by the Public Works
and Planning Departments, who have more expertise at this than the Planning Commission or the Board
of Supervisors in this type of situation.
A motion was made by Commissioner Mohn to recommend approval of the four revised
provisions for low-impact design and the related ordinance changes. This motion was seconded by
Commissioner Lemieux and unanimously passed.
Frederick County Planning Commission Page 2826
Minutes of January 4, 2012
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
of a proposed amendment to 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, Section 165-202.03 Motor Vehicle Access; and Chapter 144, Subdivision of Land,
Article V, Design Standards, Section 144-17 Streets, Section 144.18 Sidewalks and Pedestrian Walkways,
Section 144.24 Lot Requirements. This proposed amendment includes revisions to allow alternative
designs to implement low impact design techniques in a residential development and to increase the cul-
de-sac length requirement.
(Note: Commissioner Crockett was absent from the meeting; Chairman Wilmot abstained.)
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DISCUSSION
DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT PERTAINING TO SIDEWALKS
AND PEDESTRIAN WALKWAYS
Senior Planner Candice E. Perkins stated that staff has received a request to revise the
pedestrian facility requirements for properties in the M1 (Light Industrial) Zoning District. Ms. Perkins
said the proposed ordinance amendment would allow the Board of Supervisors to waive the sidewalk
requirement for collector roads within master planned industrial parks when a ten-foot pedestrian facility
is being constructed on one side of the roadway and only in such cases where the sidewalk has been
deemed unnecessary along said collector roadway. She reported that this proposed amendment was
forwarded to the DRRC (Development Review and Regulations Committee) for review and the staff
received supportive comments. Ms. Perkins said the staff is seeking comments from the Planning
Commission to forward to the Board of Supervisors.
Commissioner Oates said he had the same problematic issues with this proposed
amendment as the previous one; he said this should be a case for the Transportation Planner to review and
decide whether or not it’s appropriate. He said the Planning Commission will be basing its vote on the
Transportation Planner’s recommendation. He said, again, it seems to be a waste of the applicant’s time
to go through a public hearing process; it will take eight weeks just to get the request answered.
Commissioner Unger agreed with Commissioner Oates; he said it seemed to be a waste
of the applicant’s time.
Commissioner Mohn stated this scenario was even more straight forward than the
previous amendment for low-impact design. He said if there is an existing ten-foot asphalt trail on one
side of the road, he wasn’t sure what was to be gained by constructing a sidewalk next to it.
Commissioner Mohn commented that the decision would not take much deliberation and he agreed with
Commissioner Oates.
Frederick County Planning Commission Page 2827
Minutes of January 4, 2012
Vice Chairman Thomas also agreed with the other Commission members.
Ms. Perkins said she would forward all of the Planning Commissioner’s comments on to
the Board of Supervisors.
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CANCELLATION OF THE JANUARY 18, 2012 MEETING
Vice Chairman Thomas announced there were no action items pending for the Planning
Commission’s January 18, 2012 meeting.
Upon motion made by Commissioner Kriz and seconded by Commissioner Mohn,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby cancel its next
regularly scheduled meeting on January 18, 2012, by a unanimous vote.
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ADJOURNMENT
No further business remained to be discussed and upon motion by Commissioner Kriz
and second by Commissioner Triplett, the meeting adjourned at 7:45 p.m. by a unanimous vote.
Respectfully submitted,
_______________________________________
June M. Wilmot, Chairman
_______________________________________
Eric R. Lawrence, Secretary
c
D
REZONING APPLICATION #02-12
RENAISSANCE COMMERCIAL CENTER
Staff Report for the Planning Commission
Prepared: January 27, 2012
Staff Contact: Candice E. Perkins, AICP, Senior Planner
Reviewed
Planning Commission: 02/15/12 Pending
Action
Board of Supervisors: 03/14/12 Pending
PROPOSAL
: To rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989
acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from
the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with
proffers, for commercial use.
LOCATION
: The properties are located on the west side of Valley Pike (Route 11 South),
approximately ½ mile south of the Route 37 interchange near Interstate 81 Exit 310.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/12 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and
RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with
proffers, to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate
the necessary right -of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff’s concerns.
Following the required public hearing, 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 #02-12 Renaissance Commercial Center
January 27, 2012
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 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
Planning Commission: 02/15/12 Pending
Action
Board of Supervisors: 03/14/12 Pending
PROPOSAL
: To rezone 8.9817 acres from the B3 (Industrial Transition Business) District and 0.4989
acres from the RA (Rural Areas) District to the B2 (General Business) District; and, 1.5527 acres from
the B3 District and 0.1439 acres from the RA District to the B3 District, totaling 11.1772 acres, with
proffers, for commercial use.
LOCATION
: The properties are located on the west side of Valley Pike (Route 11 South),
approximately ½ mile south of the Route 37 interchange near Interstate 81 Exit 310.
MAGISTERIAL DISTRICT
: Back Creek
PROPERTY ID NUMBERS
: 75-A-2C and 75-A-2R
PROPERTY ZONING
: B3 (Industrial Transition) and RA (Rural Areas) Districts
PRESENT USE
: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE
:
North: B2 (Business General) District Use: Office
B3 (Industrial Transition) District Use: Heavy Commercial
South: RA (Rural Areas) District Use: Church, Agricultural
B3 (Industrial Transition) District Use: Office
East: B2 (Business General) District Use: Office and Commercial
B3 (Industrial Transition) District Use: Heavy Commercial
West: RA (Rural Areas) District Use: Agricultural
M1 (Light Industrial) District Use: Undeveloped
Rezoning #02-12 Renaissance Commercial Center
January 27, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone the subject
property appears to have a measurable impact on Route 11. The route is the VDOT roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers and
plats offered in the Renaissance Commercial Center rezoning application dated November 30, 2011
address transportation concerns associated with this request. Before development, this office will
require a complete set of construction plans detailing entrance designs, drainage features, and traffic
flow data from the I.T.E. Trip Generation Manual, Seventh Edition
for review. VDOT reserves the
right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and
off-site roadway improvements and drainage. Any work performed on the State’s right-of-way must be
covered under a land use permit. This permit is issued by this office and requires an inspection fee and
surety bond coverage.
Fire Marshal
: Plans approved as submitted.
Public Works Department:
The Public Works Department supports the proposed rezoning of parcels
#75-A-2C and 75-A-2R as presented in Greenway Engineering, Inc.’s rezoning application dated
December 16, 2011.
Sanitation Authority:
There is sufficient sewer capacity and water capacity and pressure to serve this
site.
Service Authority:
No comments.
Winchester Regional Airport:
The proposed rezoning request has been reviewed and it appears that it
will not impact operations at the Winchester Regional Airport.
Frederick County Attorney:
Please see attached letter dated January 3, 2012, from Roderick B.
Williams, County Attorney.
Transportation:
This letter will serve as my comment on the Renaissance Commercial Center
Rezoning. I am satisfied that the transportation proffers contained in your application are sufficient to
aid in the improvement of the transportation network serving the subject property.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts
the zoning for the two subject parcels as B2 (Business General) District.
Parcel 75-A-2C was historically zoned B2 and, therefore, there are no proffers associated with
this parcel. The portion of parcel 75-A-2C that is currently zoned RA (Rural Areas) District
was originally part of Parcel 74-A-71, which was historically zoned B2 (Business General)
Rezoning #02-12 Renaissance Commercial Center
January 27, 2012
Page 4
District but was subsequently down-zoned to the RA (Rural Areas) District on May 10, 1989.
This area was adjusted into parcel 75-A-2C to accommodate the construction of Renaissance
Drive.
With Rezoning #11-98, Parcel 75-A-2R (75-A-2R was part of 75-A-2D when the site was
rezoned) was rezoned to the B3 (Industrial Transition) zoning district with proffers. The proffer
that pertains to this property was for the future road connection that is covered by the Revenue
Sharing Agreement that is currently in place.
2) Comprehensive Policy Plan
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.
[2007 Comprehensive Policy Plan, p. 1-1]
The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial and industrial development will occur. The properties are also within the
limits of the Southern Frederick Land Use Plan. The plan shows this area with a business and
commercial land use designation. The applicant is requesting a rezoning to the B2 (Business
General) and the B3 (Industrial Transition) Zoning Districts and, therefore, this requested
rezoning is in general conformance with the Comprehensive Policy Plan.
Land Use.
The Eastern Road Plan of the Frederick County Comprehensive Policy Plan identifies a new
east-west major collector road running through this development which would connect Valley
Pike (Route 11) to Shady Elm Road. Prosperity Drive would also be extended from its current
terminus and would intersect with this new road. It should be noted that a Master Development
Plan for the Renaissance Commercial Center was approved for this development on November
11, 2007. The MDP provides for this roadway (Renaissance Drive) on the subject property
(from Valley Pike to the western limits of the development) as well the construction of two
lanes of Prosperity Drive that will intersect with Renaissance Drive.
Site Access and Transportation.
It is also important to note that this development is also participating in a Revenue Sharing
Project to implement the proposed Renaissance Drive improvements and the extension of
Prosperity Drive to connect to Renaissance Drive. These improvements will allow for the
development of the first phase of this roadway (two of four future lanes for Renaissance Drive)
as well as a new signalized intersection at Renaissance Drive and Valley Pike. The Applicant
has entered into a Revenue Sharing Agreement with Frederick County that provides
$1,001,000.00 of private investment to satisfy the local match for the Project. Frederick County
will manage this project.
Rezoning #02-12 Renaissance Commercial Center
January 27, 2012
Page 5
3) Proffer Statement – Dated November 30, 2011 and revised on January 18, 2012.
A)
The Applicant has proffered to dedicate a variable width right-of-way to Frederick
County to allow for the construction of Renaissance Drive as described in the Revenue
Sharing Agreement. The plat for this right-of-way shall be recorded within 30 days of
final rezoning approval.
Renaissance Drive Right-of-Way Dedication:
The Applicant has proffered to dedicate an 80 foot right-of-way on a portion of parcel
75-A-2C to allow for the future extension of Renaissance Drive from the limits of the
project described in the Revenue Sharing Agreement to the CSX railroad right-of-way.
This right-of-way shall be provided at no cost to the County and shall be provided
within 90 days of written request.
B)
The Applicant has proffered that Truck Stops (SIC 5541) and Adult Retail shall be
prohibited on the subject properties.
Land Use Restrictions:
C)
The Applicant has proffered to provide $0.05 per square foot of structural development
for all land uses on the subject properties.
Fire and Rescue Monetary Contribution:
STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 11.1772 acres of land from the B3 (Industrial Transition) and
RA (Rural Areas) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts with
proffers to accommodate commercial uses. With this rezoning, the applicant has proffered to dedicate
the necessary right-of-way to construct Renaissance Drive and Prosperity Drive as outlined in the
Revenue Sharing Agreement in place for this development. The land use proposed in this application is
consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff’s concerns.
Following the required public hearing, 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.
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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)
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MS (Medical Support District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: Jan 25, 2012Staff: cperkins
Winchester
REZ # 02 - 12RenaissanceCommercial CenterPIN:75 - A - 2C75 - A - 2R176,800 sq ft Commercial
REZ # 02 - 12RenaissanceCommercial CenterPIN: 75 - A - 2C75 - A - 2R176,800 sq ft Commercial
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Legend
Parcels To Be Rezoned
Parcel Boundary
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Battle Name
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Parcels To Be Rezoned
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