PC 10-04-06 Meeting AgendaAGENDA
FREDERICK COUNTY I'LANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
October 4, 2006
7:00 P.M. CALL TO ORDER TAB
I ) Adoption of Agenda:
Pursuant to established procedures, the Planning Commission should adopt the Agenda for
themeeting............................................................................................................... (no tab)
2) September 6, 2006 Minutes............................................................................................. (A)
3) Committee Reports.................................................................................................. (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC MEETING
5) Conditional Use Permit #07-06 of Jae Cha for a Country General Store. This property is
located at 2960 Millwood Pike (Route 50), and is identified with Property Identification Number
77-A-13 in the Shawnee Magisterial District.
Mr. Suchicital................................................................................................................... (B)
6) Waiver Request for Gas Mart #7, submitted by Greenway Engineering, to consider an
entrance spacing waiver permitted in Article IV Section 165-29B(l), of Frederick County
Code, to allow for a new commercial entrance to be placed less than 200' from an existing road
and an existing entrance. The subject property is located at the intersection of Route 7 and
Eckard Circle and is identified by Property Identification Numbers 55-A-37 in the Red Bud
Magisterial District.
Ms. Perkins...................................................................................................................... (C)
COMMISSION DISCUSSION
7) Eastern Road Plan. Proposed amendment to the Frederick County Comprehensive Policy
Plan to alter the Eastern Road Plan.
Mr. Suchicital................................................................................................................... (D)
8) Vested Rights
Mr. Lawrence................................................................................................................... (E)
9) Other
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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 September 6, 2006.
PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon
District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro
District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; John H. Light, Stonewall
District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Robert A. Morris, Shawnee
District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors Liaison; Philip A.
Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: Cordell Watt, Back Creek District; and David Shore, City of Winchester Liaison.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R Cheran, Zoning & Subdivision
Administrator; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner H; Bernard S. Suchicital, Planner I;
Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner
Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's
meeting.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes
of August 2, 2006 were unanimously approved as presented.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS) — 08/29/06 Work Session
Commissioner Kriz reported that the work session with the Board of Supervisors went very well;
the committee is moving along with the UDA (Urban Development Area) Study. Commissioner Kriz said he
believed the Board has a good understanding of what is being proposed and has received the Board's okay to
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move forward with the CPPS through discussion and public hearings.
Development Review & Rellulations Subcommittee (DRRS) — 08/24/06 Mtg.
Commissioner Kerr reported that the DRRS discussed zoning classifications for commercial and
industrial zones; some of the zoning classifications were eliminated because they were covered under other
categories. Commissioner Kerr said the DRRS also reviewed the final changes to the proposed new sign
ordinances.
Transportation Committee — 08/28/06 Mtg.
Commissioner Kriz reported that the Transportation Committee reviewed an update of the CIP
(Capital Improvements Plan); the decision was made to include a list of new and continuing transportation
projects within the CIP for the record. He said this should make it easier for revenue sharing and to accept private
funds for roads, as well as showing the priority for the state road construction; the update was adopted.
Commissioner Kriz reported other items discussed and acted on, as follows: the Update of the
Eastern Road Plan was adopted after a discussion of its relationship with the MPO (Metropolitan Planning
Organization); comments by VDOT were made on the Route 37 alternatives near the Stonewall Industrial Park;
the student -generated bike plan around certain schools was endorsed under the Transportation Enhancement
Grant Applications; the update of the Revenue Sharing Projects in the Secondary Road Improvement Plan was
adopted with the addition of Stephenson Road Incidental and Senseny Road Major; proposed road concepts which
are exceptions to current VDOT standards were endorsed under the Willow Run internal road system discussion;
and, traffic calming guidelines were requested by residents of Oakdale Crossing and the committee recognized the
need to develop a process for responding to this type of request.
Development Impact Model (DIM) Oversight Committee (0Q— 8/22/06 Mtg.
Commissioner Manuel reported that the DIM -OC discussed updates to the model; all the 2006
updates were endorsed and will be sent to the Board of Supervisors for approval next week. He said upon
approval, they will be used for future planning and rezoning.
CITIZEN COMMENTS
Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda.
No one came forward to speak.
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PUBLIC HEARING
Conditional Use Permit 406-06 of Horton Investment, LLC for a retail nursery at 2731 Front Royal Pike
(Route 522). This property is identified with P.I.N. 76-A-62 in the Shawnee Magisterial District.
Action — Recommended Approval with Conditions
Planning Technician, Kevin T. Henry, reported that the proposed retail nursery will take place on
a vacant 5.57 -acre tract of land in the RA (Rural Areas) Zoning District. Mr. Henry said the applicant has
informed the staff that since nursery sales vary with the seasons, 18 employees will be needed during the busiest
times, April, May, and June, and for the remainder of the year, between four to six employees will be needed.
Mr. Henry said the site will have 20,000 square -feet of showroom with 50 parking spaces along
the frontage on Route 522. He said VDOT is requiring that the driveway along Front Royal Pike (Rt. 522) be
strictly limited to an entrance and all outbound traffic be required to access Route 522 through Fries Loop Road
(Rt. 760). Mr. Henry stated that an engineered site plan will be required. He noted that it appears this proposed
business would meet the intent of the goals of the Southern Frederick Land Use Plan within the Frederick County
Comprehensive Policy Plan. Mr. Henry then proceeded to read a list of recommended conditions, should the
Commission find the use to be appropriate.
Commissioner Morris inquired if a commercial -grade ingress and egress would be required and
Mr. Henry replied yes. Commissioner Morris also inquired if paved parking would be required; Mr. Henry
replied no, because the site is outside of the SWSA (Sewer and Water Service Area).
Commissioner Manuel asked if a right-of-way had been negotiated through the adjoining Clem
property and Mr. Henry replied that a right-of-way has already been platted through the Clem property through to
Fries Loop Road.
Commissioner Unger inquired if the applicant had considered applying for a rezoning,
considering the amount of capital expenditure needed for the project.
Mr. James M. Horton, the property owner and applicant, came forward to answer questions from
the Commission. Replying to Commissioner Manuel's question, Mr. Horton said he has about 85 feet of frontage
along Route 522. In response to the question raised about whether a rezoning was considered, Mr. Horton replied
he had no intention of rezoning the property; he said the property will be in agricultural use and the structures will
be greenhouses.
Commissioner Oates commented on the staff's recommendation for a 25 -foot buffer along all
residential properties and he asked Mr. Horton if there will be enough room along the southern portion for
parking and the 25 -foot strip, along with the structures. Mr. Horton noted the existing trees on the property and
he said they will fill-in with additional landscaping where needed.
Commissioner Thomas asked Mr. Horton where he intended to store heavy equipment. Mr.
Horton said he planned to construct some shelters to park the equipment under.
Chairman Wilmot next called for public comments. No one came forward to speak and
Chairman Wilmot closed the public comment portion of the meeting.
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Chairman Wilmot asked the VDOT representative, Mr. Lloyd Ingram, if he would comment on
the site's entrance and exit and how it was anticipated for the property to connect to Fries Loop Road. Mr.
Ingram said there is an old existing right-of-way from a previous footprint; he explained to the Commission how
the connection would work.
Commissioner Thomas raised a concern about conducting this size and scale of operation under a
conditional use permit. He recognized this was an agricultural business, but noted it was also a large commercial
operation. He questioned whether this was ever the intent for a conditional use permit. Commissioner Thomas
said he would vote in favor of the permit based on the Horton's previous business history in Frederick County;
however, he doubted this Nvas an appropriate use to be conducted under a conditional use permit.
Upon motion made by Conunissioner Morris and seconded by Commissioner Kriz,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #06-06 of Horton Investment, LLC for a retail nursery at 2731 Front Royal
Pike (Route 522), with the following conditions:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County prior to business
activities.
Only one non -illuminated freestanding business sign shall be allowed on the property; the sign shall
be limited to 25 square -feet in area. The sign shall not exceed ten feet in height.
The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the
driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike
(Route 522).
Eighteen employees are permitted between the months of April, May, and June, while the remainder
of the time, the site shall have no more than six employees.
6. Any expansion or change of use will require a new conditional use permit.
Establish a 25 -foot full landscaped buffer against any adjoining residential lots.
8. Storage of heavy equipment will take place within the greenhouse.
Conditional Use Permit 907-06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50).
The property, consisting of 4.38 acres, zoned RA (Rural Areas), is identified with P.I.N. 77-A-13 in the
Shawnee Magisterial District.
Action — Tabled
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Planner Bernard S. Suchicital reported that the proposed country general store will be conducted
in a new 10,500 square -foot building and will also include a coffee and pastry counter. Mr. Suchicital stated that
CUP # 10-03, which was approved by the Board of Supervisors on January 29, 2004 for a similar venture on this
property, will become null and void upon issuance of this revised CUP #07-06. He added that the applicant
proposes to remove the existing well and replace it with a larger one and will also install a pump and haul system
with Health Department approval. Mr. Suchicital stated that on-site vehicle fuel sales and outdoor display areas
will not be permitted. Mr. Suchicital next read a list of recommended conditions, should the Planning
Commission find the use to be appropriate.
Ms. Jae Cha, project architect, was representing the property owner in this conditional use permit
(CUP) application. Mr. Yung Kim, the project's civil engineer, was also present to take questions.
Commissioner Unger asked about the pond on the side of the structure. Mr. Kim replied this was
a dry pond for storm water management and was required for the site plan.
Conunissioner Thomas asked if the property owner considered applying for a rezoning for this
operation, rather than conducting it under a CUP. Ms. Cha and Mr. Kim said a rezoning was not considered and
seemed to be unaware of this option. Mr. Suchicital commented that the property lies outside of the Sewer and
Water Service Area (SWSA) and the Urban Development Area (UDA) lines of the Comprehensive Policy Plan;
he stated that rezoning would be difficult without an amendment to the Comprehensive Policy Plan.
Commissioner Oates commented that the 10,500 square -foot structure seemed large for a
country general store. Ms. Cha replied the main item would be antiques consisting of furniture pieces, along with
souvenirs and decorations
Chairman Wilmot next called for public comments and the following persons came forward to
speak:
Mr. Michael E. Steffes, adjoining property owner at 2983 Millwood Pike, had numerous
questions. He asked for the square footage of the structure that was used for the previous operation, CUP 907-
06; he commented that this property has had several different tenants. He thought the existing structure was only
about 1,500 square feet and the square footage proposed was a considerable increase in operations. Mr. Steffes
was uncertain about what exactly the proposed country general store would sell. He was concerned about the
increase in traffic; the amount of lighting on the property; the numbers of people anticipated to be coming in and
out of the property each day; the number of tractor -trailers; and the hours of operation. He commented that on a
normal basis, this was a quiet area once the Washington, D.C. traffic had gone through.
Mr. Ernie Neff of the Shawnee District was representing the Winchester Izaak Walton Club, an
adjoining property owner. Mr. Neff said the Izaak Walton organization had environmental concerns and were
particularly concerned about runoff from the property and the two proposed 15 -gallon holding tanks. Mr. Neff
did not think it was wise to approve holding tanks for businesses; he was concerned about contamination of their
lake, should the tanks fill up and run off. Mr. Neff said the Isaak Walton Club recently spent over $100,000 on
their lake. He said they were also concerned about the proposed dry pond and all of the asphalt run-off. He
doubted that the proposed holding pond could hold all the runoff from the asphalt and any other materials that
may be discharged out on the parking lot; they were concerned about these contaminants seeping into their lake.
He added that he thought the proposed business was too large for an RA District in this particular area.
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Mr. James Maddon, a Winchester resident, said he was a former president of the Izaak Walton
Club, and he had a great deal of interest in preserving the lake at Izaak Walton. Mr. Maddon was concerned
about the proposition of installing holding tanks and he didn't think it was a wise long-term solution for a
business of this size. He disliked the idea of the County getting into the trend of allowing them. Mr. Madden
pointed out that the holding tanks were located behind the storm water management pond. He suggested the tanks
be relocated so if cracks develop and spills or leaks occur, any run-off would go into the holding pond or it would
back up against the store, instead of running down the bank to their lake. He thought there should be some
opportunity for evaporation before it gets washed down to their lake. He was also uncertain about the definition
of a country store. He said convenience stores, strip malls, or shopping malls are not allowed in RA, but a
country store is allowed and he asked what that was based upon. Mr. Maddon asked if the definition of a country
store was based on the size of the structure or what was being sold. He was concerned the proposed use may turn
into another Sheetz, a Seven -Eleven, or a Handi-Mart without gas pumps. He commented that this area is still
rural and a 10,000 square -foot building seems out of place.
Since no one else wished to speak, Chairman Wilmot closed the public comment portion of the
meeting.
Planning Director, Eric R. Lawrence, read the definition of a country store from the zoning
ordinance. The continent was made that although the use was somewhat vague, it seemed the dominating use
would be a grocery aspect. Commissioner Thomas said that if the applicant anticipates selling furniture, then this
could not be classified as a country store. Mr. Lawrence added that there is an antique store CUP, if that was
more appropriate.
Commissioner Light asked if a health permit was issued for the pump and haul. Mr. Lawrence
replied there is an approved pump and haul permit for the existing use on the property. He said if the new CUP is
approved, that permit would need to be renewed. Mr. Lawrence said that the Health Department has stated that
the pump and haul is the only opportunity for a health system on this property_
Chairman Wilmot asked the applicants if they understood the items of concern that had been
raised. Mr. Kim replied that runoff from the parking lot would be addressed through their storm water
management plan and the holding pond will be sized appropriately. Regarding any possible overflow from the
tanks, the tanks will be equipped with emergency overflow alarms; he said lighting will be addressed at the site
plan stage; and the parking area was determined by the size of the building according to the zoning ordinance.
Ms. Cha said the owner of the property would be open to any recommendations by the
Commission. Ms. Cha said that she was an architect and was interested in sustainable green design measures; she
said that originally, they did not want to have concrete parking and would prefer to have a pervious material so the
ground could collect the water. She attempted to explain their vision for the business; she said they thought it
would be nice to sell coffee and pastries, but not a full-fledged restaurant with lots of truck traffic delivering
supplies. She said they were committed to being environmentally -conscientious. Ms. Cha said that she spoke
with the County Administrator about the pump and haul system and he approved the transfer; she said Septic
Clean is the pump and haul service on board for the project. She said that she has also had numerous
conversations with the Health Department about their guidelines. She added that they had not finalized their
decision on hours of operation, but were hoping to do some evening hours. She said it would definitely not be a
24-hour operation.
Commissioner Thomas questioned the appropriateness of conducting a business of this size and
scale under a conditional use permit. Commissioner Thomas said that a conditional use permit was not intended
to set up a business where there is a capital investment in the three -to -four hundred thousand dollar range. He
believed the Commission needed to re-evaluate this process, especially at the entrances/ exit -ways from the
County. He said that commercial development should be expected on those entrance and exit ways.
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Commissioner Light agreed with Commissioner Thomas. However, he said that if this was to be
operated under a CUP, he would prefer to see the requirements compatible with a B2 Zoning District;
particularly, the buffers, screening, lighting, and transportation.
Commissioner Unger said that he would prefer to see documentation that two proposed 1,500 -
gallon tanks would be adequate to handle the sewer. He said that with a 10,000 square -foot building and 58-60
parking spaces, he did not think the proposed health system would be sufficient and would probably have to be
pumped every day or two. In addition, Commissioner Unger thought there should be a catch basin incorporated
for gasoline and oil for the size of parking lot anticipated He also wanted to see what the building was going to
look like before he would vote in favor of the CUP.
Ms. Cha said the Health Department and the County Administrator reviewed the square footage
of the structure and the number of employees and believed the proposed health system would be satisfactory.
Mr. Lawrence interjected that based on all of the issues being expressed, it may be appropriate to
defer action on this to allow some time for the staff to work with the applicant to resolve the issues and then bring
it back under the appropriate land use classification.
Commissioner Kriz expressed his desire to see the parking lot material be a pervious surface,
rather than concrete. Other Commissioners agreed.
Other Commissioners agreed that a country store may not be the best classification for this use
and for what the applicant intends.
Commissioner Oates added other areas that needed to be addressed, such as hours of operation,
incorporation of a Best Management Practices System, and whether or not bathrooms would be open to the
public.
Commissioner Morris made a motion to table this CUP for a period of time to be determined by
the staff and the applicant so they can work out the issues raised. This motion was seconded by Commissioner
Kriz.
BE IT RESOLVED, THAT by a majority vote, the Planning Commission does hereby table Conditional Use
Permit 907-06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50) for a period of time to be
determined by the staff and the applicant so that the issues raised by the Commission and the public can be
addressed. The majority vote was as follows:
YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Wilmot, Unger, Light, Oates, Morris
NO: Manuel
(Note: Commissioner Watt was absent from the meeting.)
Rezoning 909-06 of Tasker Woods, submitted by Patton, Harris, Rust & Associates, Inc. (PHR&A) to
rezone 60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District and 18.897
acres from RA District to B2 (Business General) District, totaling 79.178 acres, with proffers, for up to
319 residential units, and for commercial use. The properties are located north of Tasker Road (Route
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642), east and south of Macedonia Church Road (Route 756), and west of Front Royal Pike (Rt. 522). The
properties are further identified with P.LN.s 76 -A -48A and 76-A-49 in the Shawnee Magisterial District.
Action — Recommended
Senior Planner Susan K. Eddy reported that the site is within the limits of the Tasker Woods
Land Use Plan, a component of the Comprehensive Policy Plan. She reported that the entire site is within the
Sewer and Water Service Area (SWSA), while the northern portion of the site, the area where the applicant is
seeking residential rezoning, is within the Urban Development Area (UDA). She stated that the applicant is
istent with the Tasker Woods Land Use Plan. Ms. Eddy reported
proposing a residential pattern generally cons
that the southern portion of the site, immediately north of Tasker Road, is planned for commercial use. She said
that although neighborhood -scale commercial uses to serve the needs of residents and create focal points for the
new community are preferred, the applicant is proposing the full range of B2 uses, without a commitment to
neighborhood -scale commercial uses or a commitment to discouraging a strip center. She said there was no
timing associated with the commercial component and all residences could be built before any commercial
development takes place.
Regarding the transportation aspects of the application, she pointed out that the Eastern Road
Plan designates Tasker Road as an improved major collector and it also designates a portion of Macedonia
Church Road as a new major collector road, which translates to a four -lane divided boulevard road section. Ms.
Eddy said the applicant is partially implementing the Eastern Road Plan by designing the four -lane median section
and by providing the 80 -foot right-of-way; however, they have only committed to actually constructing two of the
four lanes. The Tasker Woods Land Use Plan also called for a new collector road through the site and this is
being provided by the applicant. Ms. Eddy said that a traffic impact analysis (TIA) was conducted and indicated
that a Level of Service (LOS) "C" would be maintained on surrounding local roads, provided that certain road
improvements were made. She commented that other developers in the area have proffered some of those
improvements. She next reviewed those improvements remaining for this applicant, some of which included: the
installation of a traffic signal at Route 522 and Macedonia Church Road and the installation of a traffic signal and
tum lanes where the collector road meets Marcel Road at Tasker Road.
Ms. Eddy next highlighted some of the significant elements of the Generalized Development
Plan (GDP) and the applicant's proffer statement. She said the GDP shows the location of the collector road that
goes from Marcel Road ail the way through the development and out Macedonia Church Road; it shows the
location of a consolidated entrance for the church, and it shows the location of the single-family detached units.
She said that some design specifications have been proffered for the commercial area and the applicant has agreed
to establish a homeowners' association start-up fund. Ms. Eddy said the monetary contributions within the
proffer are consistent with the County's existing development impact model.
Commissioner Thomas said he was concerned about Macedonia Church Road because of its
inability to handle the existing traffic; he described how badly the traffic congestion is at the intersection of
Macedonia Church Road and Route 522 with the existing amount of housing, especially in the mornings.
Commissioner Thomas said he did not see how this development could proceed without immediately making the
section of Macedonia Church Road, from the curve to Route 522, a four -lane section. Ms Eddy agreed and said
the staff is seeking the four full lanes at this time.
Mr_ Clay Athey, Esq., with Napier, Pond, Athey & Athey and Mr. Patrick Sowers with Patton,
Harris, Rust & Associates (PHR&A), weie representing the property owner, Allden, LLC (Mr. Allan Hudson);
and the Tasker Woods development. Mr. Athey said that initial meetings with the surrounding property owners
and the adjoining Maeedo�?ia United Methodist Church, indicated the community's preference for residential
housing as opposed to additional industrial development. Mr. Athey said they have tried to be sensitive to the
needs of the local community and in doing so, made a commitment to the church to improve the frontage of their
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cemetery and church property. Regarding the concern about traffic on Macedonia Church Road, he said one of
the issues is whether the church would want a four -lane road in front of their church; the second issue is that the
church would also prefer to have the name of their road remain as Macedonia Church Road and not be renamed .
White Oak Road. Mr. Athey said they would propose to make a section of the road near Route 522 into four
lanes, however, he believed the church and the adjoining property owners needed to be heard about whether they
wanted it or not. Mr. Athey added that they have proffered about $170,000 in transportation cash proffers.
Regarding the commercial area, Mr. Athey said they were not sure what was going to be established there at this
point in time, but were waiting to see what the market dictates_
Mr. Patrick Sowers, with PHR&A, said that in keeping with the Tasker Woods Land Use Plan,
this proposal will continue with the single-family housing. He said they have proposed single-family, small -lot
housing which accomplishes a hierarchical transition into the single-family attached uses. Mr. Sowers added that
their proposed 200 -foot four -lane section would leave approximately another 800 feet to the project entrance.
At this point, Chairman Wilmot called for public comments and the following persons came
forward to speak:
Rev. Jason Duley, pastor of the Macedonia United Methodist Church and a resident of Shawnee
District, came forward to speak on behalf of the Macedonia United Methodist Church. Rev. Duley said the
developer has given the church quite a bit of input and has worked with the church very well. He said the
Macedonia United Methodist Church has an interest in building community and the church has a long historyin
the County, going back into the mid -to -early 1800's. Rev. Duley said the church recently opened a pre-school on
their property and the developer's proposal to construct a consolidated entranceway for them will certainly benefit
the church. Regarding the four -lane section of road, Rev. Duley said he did not see how they could avoid
constructing it, because of the increasing amount of growth and traffic in this area. He pointed out that the four -
lane would have to be south of the church's property because of the existing cemetery. Rev. Duley concluded by
saying that with all of the history they have had as a church in this area, they would prefer to see the name oftheir
road remain as Macedonia Church Road, even though it connects to White Oak Road.
Mr. Harry Newman, a resident at 115 Maverick Court in Canter Estates, said he appreciated Mr.
Clay Athey and Mr. Allan Hudson coordinating their project with the neighbors and the Canter Estates
homeowners association. Mr. Newman said he presented the Tasker Woods plan and proffers to the Canter
Estates Homeowners Association last month and there were no objections from the residents. He said he was
pleased that the proposal was residential, in keeping with the existing residential neighborhood. Mr. Newman
was also pleased with the road improvements proposed for Macedonia Church Road. In conclusion, Mr. Newman
also preferred to see the road name, Macedonia Church Road, remain in front of the church. Mr. Newman
supported the proposed plan as presented.
Since no one else wished to speak, Chairman Wilmot closed the public comment portion of the
meeting.
Mr. Athey returned to the podium and stated they would be willing to modify their proposal to
construct four lanes from Route 522 inward for the first 200 feet, because he believed that was what the church
preferred. Commission members said they would rather have the four lane section from Route 522 all the way
through to White Oak Road. Rev. Duley returned to the podium and said his only concern was that a four -lane all
the way through to White Oak Road would probably increase the incidences of cut -through traffic by motorists
headed to shopping areas north. Kev. Vuley said that with the amount of traffic flow at this busy intersection, a
four -lane connection would be beneficial; however, to bring it all the way down through may encourage cut -
through traffic.
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Mr. Charles W. Maddox, Jr., with PHR&A, said that Macedonia will actually be a three -lane
road; he explained there will be two through lanes with continuous left -turn lanes. He said that from the four -lane
section, there will be two through lanes plus a left-hand turn lane dedicated to church movements; the left -tum
lane will continue at their project's main entrance. Mr. Maddox said the road will then transition back to two
lanes at White Oak Road.
Mr. Lloyd Ingram with VDOT said he would prefer to see the design on paper so he could
analyze exactly what has been proposed and compare it with the need for that to eventually be four lanes.
Cormnissioner Kriz was concerned there were no contingencies on getting the commercial section
completed or even started, because it was not tied to the residential development. Mr. Athey said the commercial
will be continuation of what is at Eastgate.
Chairman Wilmot asked Mr. Sowers if the internal collector road was going to be a public road
Mr.Sowers said the intent of this development was not to do the private streets. Mr. Athey added that they have
also offered an inter -parcel connection from the collector to the properties that front on Route 522.
The Commission requested that staff provide an overview of what they understood the road
situation to be at this point_ Ms. Eddy said the developer has agreed, as before, to design the ultimate four -lane
divided median section; they have also agreed, as before, to providing the 80 -foot right-of-way. She said
previously, they agreed to build two lanes; her understanding is that now, they have agreed to four lanes for about
200 feet, three lanes to the entrance, and then a transition into the existing two lanes.
Commissioner Light asked the staff if they were comfortable with the proposal for 90 units per
year. Ms. Eddy said this was typical of a development of this size. She said the schools are most affected by that
type of time frame.
Commissioner Morris was pleased with the transportation proffers offered; however, he believed
the entire section of roadway should be constructed immediately, with either the three -lanes or the four -lanes. He
believed that if it wasn't constructed with this development, he didn't know of any other way it would ever be
accomplished_
Cormnissioner Thomas also believed the name of the road in front of Macedonia United
Methodist Church should remain as Macedonia Church Road.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby recommend approval of
Rezoning #09-06 of Tasker Woods, submitted by Patton, Harris, Rust & Associates, Inc. (PHR&A) to rezone
60.281 acres from RA (Rural Areas) District to RP (Residential Performance) District for up to 319 residential
units and 18.897 acres from RA District to B2 (Business General) District for commercial use, with the
applicant's revised proffers to include the design of the ultimate four -lane road section; to provide an 80 -foot
right-of-way, to construct 200 -feet of the four -lane road section from Route 522, and to construct three lanes from
the four -lane section to the entrance of Tasker Woods, followed by a transition into the existing two-lane section
of White Oak Road. In addition, the Commission recommended that the road in front of the Macedonia United
Methodist Church remain named Macedonia Church Road.
Frederick County Planning Commission
Minutes of September 6, 2006
Page 1848
-11 -
The majority vote was as follows:
YES (TO REC. APPROVAL W/ REVISED PROFFERS): Mohn, Kerr, Triplett, Kriz, Ours, Thomas,
Wilmot, Manuel, Unger
NO: Light, Oates, Moms
(Note: Commissioner Watt was absent from the meeting.)
PUBLIC MEETING
Master Development Plan #09-06 for Wakeland Properties, submitted by Patton, Harris, Rust, &
Associates, Inc. (PHR&A) for commercial use. The properties are located east and adjacent to Front
Royal Pike (Route 522), approximately 280 feet south of the Papermill Road intersection. The properties
are further identified with P.I.N.s 64-A-29 and 64-A-30 in the Shawnee Magisterial District.
Action — Recommended Approval
Planner Candice E. Perkins reported that the master development plan (MDP) for Wakeland
Properties is a proposal to develop approximately seven acres of B2 (Business General) -zoned property with
commercial land uses on two parcels that were rezoned with proffers in August of 2005. Ms. Perkins said access
to the site is proposed via a new road off of Route 522. She explained that one of the applicant's proffers stated
that inter -parcel connections would be identified and reserved at the MDP or subdivision design plan stage; these
connections are provided in general locations on the MDP. She said the adjacent property to the south has
expressed concerns regarding the location of the inter -parcel connection, since it would not give them direct
access to the street. She explained that should the adjacent property develop with the stubbing of the cul-de-sac,
access would be given through private parking lot access, as opposed to a state road connection.
Ms. Perkins continued, stating that the applicant has requested a waiver of the requirement for a
50 -foot distance buffer against Parcel 64-A-28, which is zoned RA (Rural Areas) and is in residential use,
because the applicant owns this particular property. She stated that with the exception of the requested waiver
and the inter -parcel connection issue, the MDP is consistent with the zoning ordinance and has addressed all staff
concerns.
Mr. Patrick Sowers with Patton, Harris, Rust & Associates (PHR&A) was present to represent
the property owner, Wakeland Manor Land Trust, and the Wakeland Properties MDP. Regarding the inter -parcel
connector issue, Mr. Sowers stated they were willing to shift the inter -parcel connector to line up with the
proposed public street in order to meet the 70 -foot minimum distance requirement.
Commissioner Thomas expressed concern that the adjoining parcel owned by the applicant could
be sold sometime in the future and consequently, would not have the benefit of a buffer between the properties.
Mr. Sowers commented that since it is such a small, non -conforming lot, it would be difficult to expand the use.
Chairman Wilmot next called for public comments.
Mr. Mark Smith, representing the adjoining Shenandoah Motor Court, said the applicant has
addressed his concern on the inter -parcel connection. He said if the applicant is willing to revise the connection
on the MDP before it goes to the Board of Supervisors, then he was in full support of the application. Mr. Smith
Frederick County Planning Commission Page 1849
Minutes of September 6, 2006 OWN
FT
-12 -
handed out a drawing for the record showing the 70 -foot distance requirement for the inter -parcel connector. He
also asked for clarification that the proposed road will be state -maintained and not a private road.
Since there was no one else wishing to speak, Chairman Wilmot closed the public comment
portion of the meeting.
Mr. Sowers returned to the podium and confirmed for Mr. Smith that the proposed road will be
state -maintained.
Upon motion made by CommissionerMorris and seconded by Commissioner Ours, the Planning
Commission recominended approval of the requested waiver of the 50 -foot distance buffer requirement against
Parcel 64-A-28 by a majority vote, as follows:
YES (TO REC. APPROVAL OF WAIVER): Unger, Manuel, Morris, Oates, Ours, Kriz, Triplett, Kerr,
Mohn, Wilmot
NO: Thomas
(Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.)
Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, the
Planning Commission recommended approval of the MDP of Wakeland Properties and to incorporate the
relocated inter -parcel connector to Parcel 64-A-29, by a majority vote as follows:
YES (TO REC. APPROVAL OF MDP): Unger, Manuel, Morris, Oates, Ours, Kriz, Triplett, Kerr, Mohn,
Wilmot
NO: Thomas
(Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.)
BE IT RESOLVED, THAT by majority votes, the Frederick County Planning Commission does hereby
recommend approval of Master Development Plan ##09-06 for Wakeland Properties, submitted by Patton, Harris,
Rust, & Associates (PHR&A) to develop approximately seven acres, zoned B2, for commercial use with the
relocated inter -parcel connector to Parcel 64-A-29 and with a waiver of the requirement for a 50 -foot distance
buffer against Parcel 64-A-28.
Subdivision Application 912-06 for Stephens City Storage, LLC, submitted by Foltz Land Surveying, Inc.,
to subdivide a 4.69 -acre tract into two parcels, consisting of 0.7464 acres and 3.867 acres, for commercial
use at 623 Fairfax Pike (Route 277). The property is further identified with P.I.N. 86-5-F in the Opequon
Magisterial District.
Action — Recommended Approval
Zoning and Subdivision Administrator, Mark R. Cheran, reported that this request is to create a
0.7464 -acre parcel from a 4.6867 -acre tract; he said the proposed 0.7464 -acre parcel and the 3.8664 residue
Frederick County Planning Commission
Minutes of September 6, 2006
Page 185U
-13 -
parcel are both zoned B2 (Business General). Mr. Cheran stated that the applicant has dedicated 0.0739 acres for
right-of-way for future improvements to Fairfax Pike (Rt. 277). He added that access to the new parcel and the
residue parcel will only be via a private 50 -foot ingress/egress from Fairfax Pike (Rt. 277); there will be no new
access to Fairfax Pike from this new lot.
Mr. Cheran noted that the proposed subdivision has met the requirements for a waiver from the
master development plan (MDP) requirements and has been granted a waiver; however, the design elements
associated with the MDP have not been waived. He added that staff was seeking administrative approval
authority and a recommendation from the Planning Commission and the Board of Supervisors regarding the
subdivision request was sought.
Commissioner Oates said that since there will be no direct access to Fairfax Pike, he
recommended that a note be added to the final plats so prospective purchasers of the lot would be aware of the
situation.
Mr. Paul L. Negley, one of the owners of the property, was present to represent Stephens City
Storage, LLC.
Chairman Wilmot called for public comments. No one came forward to speak and Chairman
Wilmot closed the public comment portion of meeting.
Commissioner Ours said he didn't particularly like self -storage as it is currently allowed in
Frederick County because the structures were not very attractive. He recognized this was a needed use, however;
and he suggested the possibility of the Commission working on design standards so the storage units could blend
in better with the local landscape.
Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Application 412-06 for Stephens City Storage, LLC, submitted by Foltz Land Surveying,
Inc., to subdivide a 4.69 -acre tract into two parcels, consisting of 0.7464 acres and 3.867 acres, for commercial
use at 623 Fairfax Pike, with the addition of a note placed on the final plats indicating that access to Fairfax Pike
(Route 277) would only be via a private 50 -foot ingress/egress easement.
(Commissioner Watt was absent from the meeting; Commissioner Light was absent for this item.)
Subdivision Application 410-06 for WIN, LLC, submitted by Greenway Engineering to subdivide a 30.05 -
acre tract into a 6.3124 -acre parcel and a 23.74 -acre parcel for commercial use. This property fronts on
the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. The
property is further identified with P.I.N. 54 -A -99E in the Stonewall Magisterial District.
Action — Recommended Approval
Zoning and Subdivision Administrator, Mark R. Cheran, reported that this subdivision is a
request to create a 6.3124 -acre parcel from a 30.0500 -acre tract; the proposed 6.3124 -acre parcel and the
23.7376-acr e r cSldii: par cci are both zoned B2 (Business General). Mr. Chcran said that access to the new six -
acre parcel '"1111 be via a private 50 -foot ingress/egress from Berryville Pike. He said the proposed subdivision
has met the requirements for a waiver from the master development plan (MDP) requirements and has been
Frederick County Planning Commission M Minutes of September 6, 2006
Page 1851
-14 -
granted a waiver; however, the design elements associated with the MDP have not been waived. He added that
staff was seeking administrative approval authority and a recommendation from the Planning Commission and
the Board of Supervisors regarding the subdivision request was sought.
Mr. Evan A. Wyatt with Greenway Engineering said that at the Planning Commission's previous
meeting, the plat showed a 50 -foot continuation along I-81 down to Route 7 as the actual parcel. Mr. Wyatt said
that instead of showing a pipestem B2 lot, the Planning Staff preferred to see a revised plat with a waiver to the
State road frontage requirement. He said this revised plat provides for a 50 -foot ingress/egress easement through
other property to access the new subdivided parcel. He noted there will be reciprocal easement agreements that
will go along with the plats which allow for traffic movement between both properties.
Commissioner Oates inquired about the water and sewer easements along Berryville Pike; he
noticed a structure on top of them. He asked if the Sanitation Authority had reviewed this. Mr. Wyatt said the
proposed site plan shows that area to be developed commercially and the existing structure would be removed
when that pad site is developed, if it hasn't already.
Chairman Wilmot called for public comments. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the meeting.
Chairman Wilmot reminded the Commission that two actions on this proposal were needed: one
for the waiver regarding private streets and the second to recommend approval of the subdivision.
Commissioner Oates moved to recommend approval of the requested waiver from Section 144-
24C of the subdivision ordinance to allow this parcel to be served by the private commercial access. This motion
was seconded by Commissioner Kriz and unanimously passed.
Commissioner Oates moved to recommend approval of Subdivision Application # 10-06 of WIN,
LLC. 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 the request by Greenway Engineering, on behalf of WIN, LLC, for a waiver from Section 144-24C of
the Frederick County Subdivision Ordinance to allow a parcel to be served by a private commercial access.
Furthermore, the Planning Commission does also recommend approval of Subdivision Application # 10-06 for
WIN, LLC to subdivide a 30.05 -acre tract into a 6.3124 -acre parcel and a 23.74 -acre parcel for commercial use.
OTHER
GREGG KERR APPOINTED AS EDC LIAISON
Chairman Wilmot appointed Commissioner Gregg Kerr to serve as the Planning Commission's
liaison to the Economic Development Commission.
Frederick County Planning Commission
Minutes of September 6, 2006
Page 1852
-15-
CPEAV ANNUAL LAND USE AND ZONING CONFERENCE
Chairman Wilmot provided the Commission members with information about the upcoming
CPEAV's 2006 Commonwealth Land Use and Zoning Conference in Charlottesville on October 8-10. She
announced that anyone wishing to attend should complete the paperwork and submit to the Planning Department.
ORDINANCE DEFINITION OF "FAMILY" IN A RESIDENCE
Commissioner Thomas raised an issue regarding the ordinance definition of "family" in a
residence and how many families may live in a residence. Commissioner Thomas said there are multiple families
living in residences throughout the County and he believed this may be an upcoming issue for the Planning
Commission to address.
ADJOURNMENT
p.m.
There being no further business to discuss, the meeting adjourned by a unanimous vote at 9:35
Respectfully submitted,
June M. Wilmot, Chairman
Eric R Lawrence, Secretary
Frederick County Planning Commission
Minutes of September 6, 2006
Page 1853
C�
•
CO
CONDITIONAL USE PERMIT #07-06
JAE CHA
Staff Report for the Planning Commission
„3w> Prepared: September 19, 2006
Staff Contact: Bernard S. Suchicital, Planner I
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
Action
Planning Commission: 09/06/06
Tabled for 30 days
10/04,'06
Pending
Board of Supervisors: 11/08/06
Pending
LOCATION: This subject property is located at 2960 Millwood Pike (Route 50).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-13
PROPERTY ZONING & PRESENT' USE:
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
PROPOSED USE: Country General Store
REVIEW EVALUATIONS:
Zoned: RA (Rural Areas)
Land Use: Country Store
Land Use:
Residential
Land Use:
Residential
Land Use:
Residential/Outdoor Ree.
Land Use:
Residential
Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 50, the VDOT facility which would provide access
to the property. Prior to operation of the business, a commercial entrance must be constructed to our
standards to aiiv`v`v' i :r sa ;, egress and ingress ofthy. pr oper�y. Arty vy'orlV per 01mled on the State's
right-of-way must be covered under a land use permit. The permit is issued by this office and
requires an inspection fee and surety bond coverage.
CUP #07-06, Jae Cha
September 19, 2006
Page 2
Fire Marshal: When a municipal water system becomes available, fire hydrants must be installed.
Plan approval recommended.
Inspections Department: Building shall comply with The Virginia Uniform Statewide Building
Code and Section 309, Use Group M (Mercantile), of the International Building Code/2003. Other
codes that apply are ICC/ANSI A117.1-2303 Accessible and Usable Buildings and Facilities. Note:
The removal of the existing structure shall require a demolition permit with an asbestos inspection
report prior to the removal. Additional comments will be made at the time of site plan submittal.
Winchester -Frederick County Health Department: Health Department has no objection based on
preliminary approval for new pump and haul system. System must be installed and approved before
operations begin. (Staff note: the Health Department has determined that the only acceptable private
health system for this site would be a pump & haul system)
Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or special
conditions that will be requested.
Planning & Zoning: The applicant is proposing a Conditional Use Permit for a country general
store that will be conducted in a new 8,000 square foot building that will also include a coffee and
pastry counter. CUP #10-03, that was approved by the Board of Supervisors on January 29, 2004, for
a similar venture, will become null and void upon issuance of this revised CUP #07-06.
The subject property is not in an area where a small area land use study has been adopted by the
County. Nevertheless, the proposed country general store is consistent with the goals of the
Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the
county identify the importance of maintaining a rural character in areas outside of the Urban
Development Area (UDA). Based on the limited scale of the applicant's proposed general store, it
appears it would not have negative impacts on adjoining properties or detract from the rural character
of the area.
A Country General Store is a permitted use in the Rural Areas (RA) Zoning District with an
approved Conditional Use Permit. The CUP enables the County to place restrictions/conditions on a
use when a use is considered appropriate in an effort to mitigate proposed impacts. Store hours shall
not exceed 5:00 am to 10:00 pm. No on-site vehicle fuel sales, on-site food preparations, and
outdoor display areas will be permitted on the premise. There shall be no more than one (1) entrance
for the site. The applicant proposes to remove the existing well and replace with a larger one, and
install a pump -and -haul system with Health Department approval. New signage will be limited to
one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and ten (ten) feet in
height. An engineered site plan shall be submitted to, and approved by Frederick County, and site
CUP 907-06, Jae Cha
September 19, 2006
Page 3
improved accordingly, prior to country store activities. Any expansion or change of use will require
a new Conditional Use Permit. The site will comply will all agency review comments at all times.
The site plan shall be in conformance with all requirements of the Frederick County Zoning
Ordinance.
STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4. No on-site vehicle fuel sales allowed.
5. No outdoor display of goods.
6. There shall be no more than one (1) vehicular entrance for the site.
7. Any expansion or change of use will require a new Conditional Use Permit.
8. Approval of CUP #07-06 will null and void the existing CUP #10-03.
PLANNING COMMISSION SUMMARY & ACTION OF THE 09/06/06 MEETING:
Three citizens came forward to speak during the public comment portion of the hearing. Two of the
citizens were affiliated with the adjoining Izaak Walton Club property and one was an adjoining
residential property owner. The adjoining residential property owner had concerns about the
considerable increase in the size of the structure and operation being proposed. He was concerned
about the resulting increase in vehicular traffic, the hours of operation, and the amount of lighting on
site. The two citizens speaking on behalf of the Izaak Walton Club property raised numerous
environmental concerns, especially since they had just recently invested a considerable sum of
money on their lake. They were concerned about run-off from the holding tanks and discharge
materials from the asphalt parking lot contaminating their lake. They did not think holding tanks
were an appropriate long-term solution for a business, especially one of this size. They suggested the
CUP 407-06, Jae Cha
September 19, 2006
Page 4
holding tanks be relocated so if cracks develop and spills or leaks occur, any run-off would go into
the holding pond or would back up against the structure, rather than running down the bank to their
lake. All three citizens were uncertain as to what qualified as a country store and whether it was
based on size or what was sold. All three citizens expressed concern that this was still a quiet, rural
area and a large operation would seem out of place.
The applicant's agent and project architect, Ms. Jae Cha, and the project's civil engineer, Mr. Yung
Kim, were available to take questions from the Commission. Ms. Cha described the proposed
operation as primarily selling furniture, antiques, and souvenirs, with a small cafe. She did not
anticipate a large volume of customer traffic or truck deliveries. She said the Health Department and
the County Administrator had reviewed the square footage and anticipated employees and approved
the transfer of the health system permit. She said she was environmentally -conscientious with her
design and wanted to incorporate sustainable green design measures. Mr. Kim reviewed the storm
water management plan and answered questions about the health system.
Commission members questioned the appropriateness of conducting a business of this size and scale
under a conditional use permit, especially because of the investment involved and the possibility the
permit could be revoked. if conditional use permit was pursued, they recommended that conditions
be comparable to what is required for a business in a B2 District, particularly with regards to buffers,
screening, lighting, and transportation. There were questions on the definition of a country general
store and whether this was the best classification for the proposed use. Some Commissioners
expressed doubt that two 1,500 -gallon tanks would be adequate to handle a business with a 10,000
square -foot structure with parking for 60. Other suggestions were for a catch basin to be
incorporated for gasoline and oil from the parking lot; the use of a pervious material for the parking
area, rather than concrete; and a determination made on the hours of operation. Considering all of
the issues that needed to be addressed, the Commission tabled this conditional use permit application
to allow time for the applicant and the staff to work together on the concerns raised by the citizens
and the Commission.
The vote on the tabling was as follows:
YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Wilmot, Unger, Light, Oates,
Morris
NO: Manuel
(Note: Comi-nissioner Watt was absent from the meeting.)
CUP 407-06, Jae Cha
September 19, 2006
Page 5
ACTIVITIES SINCE THE 9/06/06 PLANNING COMMISSION MEETING:
Staff met with the applicant's representative to further understand the proposed use, and discussed
appropriate conditions for the CUP. The applicant confirmed the use was a Country Store, not an
antique store, as proposal would resemble the Country Store on Senseny Road. The applicant has
reduced the size of the building (from 10,000 sq ft to 8,000 sq ft), and provided staff with a copy of a
pump & haul contract. The applicant will maintain a contract with a pump & haul company that will
install a remote monitoring device and emergency response system.
STAFF CONCLUSIONS FOR THE 09/27/06 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to, and approved by Frederick County, and site
improved accordingly, prior to operating store activities on site. The project site will adhere
to commercial parking and landscaping standards.
One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50)
square feet in area. The sign shall not exceed ten (10) feet in height.
4. No on-site vehicle fuel sales allowed.
5. There shall be no on-site food preparations.
6. Store hours of operation shall be between 5:00 am to 10:00 pm.
7. No outdoor display of goods will be permitted
8. There shall be no more than one (1) vehicular entrance for the site.
9. Pump & haul agreement shall be maintained with a qualified company implementing an
alarm notification system.
10. Any expansion or change of use will require a new Conditional Use Permit.
11. Approval of CUP 407-06 will null and void the existing CUP 410-03.
CUP #07-06, Jae Cha
September 19, 2006
Page 6
Following the requisite public meeting, it would be appropriate for the Planning Commission to
offer a recommendation concerning this application to the Board of Supervisors.
4.4 ACRES SDRC
PROP. ONE
STORY 8,000 SF
BUILDING
MILLWOOD MO Rwm d0
PROP, PARKING
MM LLWOOD MKE
COUNTRY STORE
CONDITIONAL USE PERMIT
SKETCH PLAN
FAMI
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
January 29, 2004
Mr. Alfred A. Chapman, Jr.
2401 Millwood Pike
Winchester, VA 22602
RE: CUP #10-03 for Alfred Chapman, Jr.
Property Identification Number 77-A-13
Dear Mr. Chapman:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
January 28, 2004. Your Conditional Use Permit 410-03 for a country store with outdoor display areas,
was approved with the same conditions as recommended by the staff, as follows:
1. All review agency comments shall be complied With at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County prior to
establishment of the outdoor display areas and expansion of the country store. All improvements
identified on this site shall,be completed prior to operating the business..
3. Any new signage will be limited to one (1) illuminated freestanding business sign; not to exceed
fifty (50) square feet in area and no higher than ten (10) feet in height along the frontage of
Millwood Pike (Route 50).
4. Outdoor display area shall not exceed 1,000 square feet in area.
No on site vehicle fuel sales allowed.
6. Any expansion or change of use will require a new Conditional Use Permit.
If you have any questions regarding this action or the site plan approval process, please feel free to call this
office.
Sincerely,
ark R. Cheran
Planner I
MRC/bad
cc: Barrington Smith, Jr., Shawnee District Supervisor
o issioner of Revenue
ane Anderson, Real Estate
em: i iam C. Rosenberry anq,�obert A. Morris, Shawnee Planning Commissioners
107 North Kent Street • Winchester, Virginia 22601-5000
Ju 24 0'6 04.22p "ung Kiri
7'---437-6'74 p 1
AUG 1 1 20046
Submittal Deadline
P/C Meeting
BOS Meeting
APPLZCATZON FOR CONDITIONAL USE PERMIT
FREDERICE COUNTY, VIRGINIA
1. Applicant ('The applicant if the owner � other)
NAME, A - - —
ADDRESS:177—L �k QST_ ,1� ..._ 7% %/4SX�rs!G_ %C. ?.4W7
TELEPHONE 'aQ 2/S (ate)
2. Please list all owners, occupants, ar parties in interest of
the property:
a
3. The property is located at: (please give exact directions and
include the route number of your road or street)
WAIT AVA"WIF 11
4. The property has a road frontage of 'V10,0_ feet and a
depth of feet and consists o€acres.
(Ploase be exact)
5. The property is owned by 1/1 as
evidenced by decd from L�-
fg�L-�� _.1:'�I--t'A�D_t--t_A+%3 recorded
tohTrLvrt +rT .4 (previous owner)
in deed book no,p�� 2� yJ on page , as recorded in the
records of the Clerk of the Circu t Court, County of
Frederick.
6. Tax(Parcel)1dentification (I.D.)No. -77`rA - 1-2
Magisterial District }{4 4
Current Zoning
7. Adjoining Property
USE ZONING
North -- RES. /14
East 96
Sout'.z ,p 6 �• . .
West r� ,_
Jul 24 OE 04.22p "ung Kim
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a. The type of use proposed is (consult with the Planning Dept.
before completing)
400
9. It is proposed that the following buildings will be
constructed:
1D. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.) xhese people will be notified by mail of this
application:
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11. Please use this page for your sketch of the property. show
proposed and/or exist:rc structures on the property, including
measurements to all property lJ.ies.
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FREDERICK COUNTY, VIRGINIA
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Frederick County Dept. of GIS
Parcei Mapping Service
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For questlons please contact the Frederick County D
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12. Additional comments, if any:
I (w('} , the a ldersiclncci, dc� Ile anrcby re pcct.fu {y m rke zppl i.cation
d petiti.:�;-r the -govern i nc3 t;r,cl�Count'✓ � Virginia
allow the. use _-Acsc-ribCd in tothis r}��li�r�r_icn- T under.tand that the
iyn issued to ac When this appl i cat is n : s tted must be placed
at he front property :.inc �t IC,�j`;t levo ij i1zlY prion to the
first public hearing asci rr.a i nt:j ineci sc> as to Lc vim ibl e unix 1 a Fter
the. Board of 5upervi�(DrL;' -)Ubh is hc�ri�zy. Your appl iCation fc:r a
Condit.icnal Use Permit authorizes any neml_er of the Froderick
County PIZ_-rnirrrj Conmission, 13^�rd cr; ,_;l;rr-'✓isnr or' Plannin
UevelopinPnt i�epart. nen' to ir.spec_t �vo'>>- _�->rerty h.hcrre t::�r proposed
use will be conrluc-�cd.
Signature of Applicant
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Owners, Ma=ling Address
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Owners' Telephone Na, 0-u, 4
To BE COMPLETED BY_ZQNING ADMINISTRATOR_
USE CODE:
RENEW-kL DATE:
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MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, Planner 1I Ci'e
COUNTY of FREDERICK
Department of Planning and Development
RE: Second Request of Exception — Gas Mart 4 7 Berryville Pike
DATE: September 20, 2006
540/665-5651
FAX: 540/665-6395
Staff has received a waiver request from Greenway Engineering, to allow for the reduction in entrance spacing
for new driveways on Arterial Highways to allow a new commercial entrance to be placed less than 200 feet
from an existing commercial entrance (7-11 Entrance) and Eckard Circle (a private road). A copy of the new
entrance and the existing entrances has been included for your information, along with an aerial and a
photograph of the site. The zoning ordinance §165-29A(4) specifies that the minimum spacing between
driveways and intersections shall be 200 feet for a posted speed limit of more than 35mph.
In accordance with Section 165-29B(1), the Planning Commission may allow other means of motor vehicle
access which do not meet the requirements set forth in 165-29. The property is located at the corner of
Berryville Pike (Route 7) and Eckard Circle (private) and is zoned B2 (Business General). The approval of this
waiver will allow this property to construct an entrance (right -in only) onto Berryville Pike for the gas station
that is currently being constructed on the site. The copy of the site plan included in your package shows the
proposed entrance location.
The applicant would need a waiver of 105 feet off of Eckard Circle and a waiver of 80 feet off of the adjacent
commercial entrance. This waiver would place the new entrance 95 feet off of Eckard Circle and 120 feet off of
the existing entrance to the 7-11. The Planning Commission should determine if they believe the waiver is
appropriate in this case. Minutes from the Planning Commission's December 7, 2005 have been included for
reference; at this meeting the Planning Commission denied an entrance spacing waiver for a right-in/right-out
entrance.
Please contact our department if you need additional information.
Attachments
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Waiver Request
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From: Ingram, Lloyd[Lloyd.Ingram@VDOT.Virginia.gov]
Sent: Wednesday, August 23, 2006 3:19 PM
To: Eric Gottshall
Cc: Ingram, Lloyd; 'Candice Perkins'; 'Eric Lawrence'; Mark D. Smith
Subject: Gas Mart Route 7
Eric,
After reviewing the plan which you submitted (attached) and our phone conversation wherein
you indicated the delivery trucks will access the site through Eckard Court, the proposed one-
way entrance on Route 7 appears acceptable.
«4639 -SP REV2.pdf>>
While this entrance appears acceptable to VDOT, comments from Frederick County indicate
this entrance will require a variance from the Board of Supervisors. Evidence of this approval
will be required prior to issuance of a VDOT Land Use Permit.
Please call if we can be of further assistance.
Lloyd A. Ingram
Transportation Engineer
VDOT N Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5611
(540) 984-5607 (fax)
9/6/2006
-7 -
Mr. Wyatt said that in developing their recreational amenities package, they worked with the
staff of the Department of Parks and Recreation to determine if the provision of a gazebo, two park benches, and
trails were appropriate for this age group and if the values were satisfactory to meet or exceed the $27,500 value
of the community center that would have been required. He said information has been provided within the
package that will demonstrate that the applicant has met and exceeded the value requirement.
Mr. Wyatt said there was one issue outside of the MDP scope that he wanted to make sure the
Planning Commission and the Board of Supervisors was made aware of. Mr. Wyatt proceeded to tell the
Commission about a flooding event that had occurred on an adjoining site. Mr. Wyatt said that in preparation for
work on the property, a land disturbance permit was issued and the initial site work was carried out, which
included sediment traps instead of having the full storm water pond. He said that with the hard rain the previous
week, water escaped the sediment traps and flooded an adjoining property owner's basement. Mr. Wyatt said that
since the event occurred, Mr. Stuart Butler, President of Harvest Communities, Inc., has been very proactive in
working with the adjoining property owner to make sure any damages are taken care of and, more importantly, he
has been working to make sure there is a solution to the problem. Mr. Wyatt explained that the lay of the land for
this particular house is extremely flat; the elevation of the floor for the basement is almost identical within a tenth
of a foot of the grade of the yard, so there's no place for the water to go. He stated that Mr. Butler is not only
working with that owner to make sure the structure is taken care of, but he is also working to design a solution
and make sure storm water problems do not occur on that lot in the future.
Chairman DeHaven next called for public comment, however, no one came forward to speak.
Commissioner Gochenour remarked that Mr. Butler had been extremely positive in his response
to this flooding incident. Commissioner Gochenour said that the adjoining property owners, the Wrenns, had a
great deal of water come in as a result of the flooding. She said that Mr. Butler is working with the Wrenns on
both the inside and outside of their home and, as of this afternoon, plans are being made to address the issue.
Commissioner Straub suggested that the applicant use a no -maintenance material for the benches
and gazebo instead of wood, to eliminate the need for regular staining and painting.
Commissioner Kriz stated that this application was discussed thoroughly at the previous
meeting; however, he requested that it be tabled because the Commission did not have the revised materials.
Commissioner Kriz said that everything seemed to be in order now and he moved to recommend approval of the
MDP, with the waiver of the community center requirement as requested. This motion was seconded by
Commissioner Wilmot and unanimously passed_
(Commissioners Morris and Light were absent from the meeting.)
Consideration of a waiver request for Gas Mart 97, submitted by Keith Engineering, Inc., for an entrance
spacing waiver permitted in Article IV, Section 165-29B(1) of the Frederick County Zoning Ordinance.
This waiver would allow a new commercial entrance to be placed less than 200 feet from an existing road
and an existing entrance.
Action —Denied
Frederick County Planning Commissim.� Page 1643
Minutes of December 7, 2005
aff-M
Planner Candice E. Perkins presented the request by Keith Engineering, Inc. on behalf of Gas
Mart #7 for a waiver from Section 165-29A(4), as allowed by Section 165-29B(1) of the Frederick County
Zoning Ordinance, to allow for a reduction in the minimum entrance spacing for business entrances on arterial
roads. Ms. Perkins noted that the properties are located at the corner of Route 7 and Eckard Circle and are zoned
B2 (Business General). She said the approval of the waiver will allow the property to develop as a gas station use
with a right -in/ right -out onto Route 7. Ms. Perkins stated that the entrance spacing requirement for this site is
200 feet from any existing entrance; the proposed entrance is shown 75 feet off the Eckard Circle entrance and
125 feet off the adjacent Seven -Eleven entrance. She explained that the applicant would need a waiver of 125 feet
off of Eckard Circle and a waiver of 75 feet off the adjacent Seven -Eleven entrance.
Mr. F. J. Keith, P.E., President of Keith Engineering, Inc., said the proposed entrance was a
previously -existing entrance, but did not meet the VDOT entrance requirements. Mr. Keith said that in order for
the proposed convenience store to be successful, they believed an entrance off of Route 7 was necessary. He said
the owners have agreed to widen and repave Eckard Circle. Mr. Keith added that they approached representatives
of the Seven -Eleven store about the possibility of a shared entrance; however, they were unsuccessful.
Commissioner Gochenour inquired if VDOT had provided their approval of the proposed new
entrance and Mr. Keith replied yes.
Commissioner Thomas commented that in addition to the requested entrance off Berryville
Avenue (Rt. 7), the applicant would have an additional access at Eckards Circle; he noted that both entrances will
be a "right -out only" exit. Commissioner Thomas asked Mr. Keith why he believed they needed the access on
Berryville Pike. Mr. Keith replied it was for the exposure to vehicles traveling along Route 7. Commissioner
Thomas asked Mr. Keith how many residences were located on Eckard Circle and if he knew the volume of traffic
there. Mr. Keith thought there were approximately 10 to 20 residences on Eckards Circle.
Commissioner Wilmot asked Mr. Keith to explain the relationship between the proposed
entrance and the existing deceleration lane at this location; she said it appeared to her that the proposed entrance
and the deceleration would conflict with each other.
Commissioner Triplett asked if it was possible to widen or lengthen the existing deceleration
lane. Mr. Keith replied that the lot was narrow and there was not enough width to meet a standard VDOT
deceleration lane.
Chairman DeHaven called for public comments and the following person came forward to speak:
Mr. Jeff Ketron, an adjoining property owner at 104 Blossom Drive, behind the Seven -Eleven,
was concerned about the elevation of the proposed Gas Mart site because his lot and home were lower; he said he
was concerned about having gasoline pumps above the grade of his home. He commented that the deceleration
lane for the Seven -Eleven is not a primary issue because there is another entrance there off Blossom Drive. He
said most of the traffic comes in through Blossom Drive, to avoid the Greenwood-Redbud-Millbrook traffic
lights, to access Greenwood Road. He said this was a high -traffic area in only a 100 -foot span, which is at the
end of his driveway. Mr. Ketron said he was not as concerned about the entrance as he was at having the grade of
the proposed gasoline pumps above his property.
Chairman DeHaven asked Mr. Keith if he had done a grading plan for the proposed site. Mr.
Keith replied yes; he said that they were dropping the level of the site approximately four -to -five feet. Chairman
DeHaven suggested to Mr. Keith that he meet with Mr. Ketron to talk about the grading concerns.
Frederick County Planning Commission Page 1644
Minutes of December 7, 2005
Commissioner Ours said the geometries of the proposal was of a concern to him, especially
because traffic along this section of Route 7 gets very busy and moves quickly; he said that when the Commission
grants a waiver, there should be reasonable cause and he could not see a clear reason to grant a waiver.
Commissioner Thomas agreed. He said he tried to justify another entrance that would violate
guidelines, based on speed limit and spacing from other entrances, but there would be about one -and -a -half
vehicles every minute for the afternoon peak traffic and, at that same time, vehicles would be traveling on Route 7
going east at 45 mph. He believed it would create interference, especially considering three entrances that close
together. Commissioner Thomas did not view this as a hardship, but a design problem that could possibly be
worked at Eckard Circle or with Seven -Eleven. Commissioner Thomas believed a safety hazard would be created
with four entrances in what appears to be about 250 feet, with Eckard Circle, this Gas Mart, Seven -Eleven, and
Blossom Drive within a 45 -mph speed limit.
In an opposing viewpoint, Commissioner Triplett said that he could understand why the Gas
Mart wanted to use an existing right-of-way and simply make it larger. Referring to the traffic situation, he
pointed out that this was within a 45 -mph speed limit and a traffic signal was only 250-300 feet from the
proposed entrance. Commissioner Triplett said that the Seven -Eleven has their own entrance and he could see
why they would not be over -enthusiastic about working with a competitor beside them. He did not anticipate a
traffic problem; he commented that the only business this site will get will be from east -bound traffic, because
there is no cross-over.
Commissioner Ours made a motion for denial of the request and recommended that the applicant
attempt a redesign to make the entrances work a little better. This motion was seconded by Commissioner
Thomas.
Chairman DeHaven commented on the importance of entrance spacing; he said if the traffic
signal wasn't there to create the potential for access breaks, he would have real concerns. He also noted that it
was really too short a distance to consider acceleration and deceleration lanes. He agreed it would be worthwhile
to have additional design discussion to see if another solution could be worked out.
BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Conmussion does hereby deny the
waiver request submitted by Keith Engineering, Inc., on behalf of Gas Mart 47, for an entrance spacing waiver
permitted by Article IV, Section 165-29B(1), of the Frederick County Zoning Ordinance to allow a new
commercial entrance to be placed less than 200 feet from an existing road and an existing entrance.
YES (TO DENY): Straub, Gochenour, Watt, Unger, Thomas, Ours, Kriz, Manuel, Wilmot, DeHaven
NO: Triplett
(Commissioners Light and Morris were absent from the meeting.)
Frederick County Planning Commission Page 1645
Minutes of December 7, 2005
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street ! Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX: 540/665-6395
WAIVER/EXCEPTIONS REQUEST APPLICATION
1. Applicant:
Name: Greenway Engineering Telephone: 540-662-4185
Address: 151 Windy Hill Lane Winchester VA 22602
2. Property owner (if different than above):
Name: Gas Mart, Inc.
Telephone: 540-877-2622
Address: 4780 Northwest Pike Winchester, VA 22603
3. Contact person (if other than above):
Name: Eric Gottshall
Telephone: 540-662-4185
4. Waiver request details (include specific ordinance requirements to be waived):
Greenway Engineering requests a waiver for entrancespacing re uirements.
Section 165-29-A-(4) of the Frederick County Zonin Ordinance indicates that there shall
be a minimum se eration of 200' between entrances alon collector roads with speed limits
greater than 35 mph. This se eration requirement is not obtainable for the subject parcel.
Greenway Engineering has prepared a plan with a 50' se eration from the nearest
intersection curb return to the proposed one way entrance. Please see attached plan. This
design has been found to be acceptable by VDOT. Please see the attached approval letter.
5. Property Location: The property is located at (give exact location based on
nearest road and distance from nearest intersection, using road names and route
numbers): The subject vroperty is located along the south side of BeMille Pike
RT 7 approximately 1350 ft. east of Regency Lake Drive SR 991 and 350 ft,
west of Blossom Drive (SR 815)
6. Parcel Identification/Location: Parcel Identification Number 55-A-37
Magisterial District: Redbud
7. Property zoning and current use: Zoned: B-2 District
8. Attachments: Adjoining Property Owners List X Existing/recorded and
Proposed Plats X
OFFICE USE O11LY: Fee: $500 enclosed: Receipt #.
9. List of Adjoining Properties: The following names and addresses are all of the
individuals, firms, or corporations owning property adjacent to the property for
which the waiver or exception is being sought, including properties at the sides,
rear, and in front of (across street from) the subject property. (Use additional pages
if necessary.) These people will be notified by mail of this application.
NAME
Silver Lake, LLC
Address 13 S. Loudon St.
Winchester, VA 22601
Property ID # 55B -2-1-A
William J. Ketron, ET UX
Address 104 Blossom Drive
Winchester, VA 22602
Property ID # 55B-2-1-1
Roger A. Grondin, ET UX
Address 106 Blossom Drive
Winchester, VA 22602
Property ID # 55B-2-1-3 & 5
Linda Keckley Timbrook
Address 209 Bentley Ave.
Winchester, VA 22602
Property ID # 55B -2-1-5A & 7
Wampler's Mobile Homes
Address 2648 Martinsburg Pike
Stephenson, VA 22656
Property ID # 55-A-38
Joseph C. Smith
Address 111 Denny Lane
Winchester, VA 22603
Property ID # 55B -A-6
MBC, LC
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Address 333 Wood Ave
Winchester, VA 22601
i Property ID # 55-1-1-34
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Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Bernard S. Suchicital, Planner I
RE: Discussion Item — Revisions to the Eastern Road Plan
DATE: September 18, 2006
Introduction
The Frederick County Eastern Road Plan is an element of the Comprehensive Policy Plan. Any
revisions to the Eastern Road Plan require a recommendation from the Planning Commission and
adoption by the Board of Supervisors. At this time, we are considering revisions to update the
Eastern Road Plan. This is a discussion item; staff is seeking comments from the Planning
Commission that will be forwarded to the Board of Supervisors for their consideration.
As you are aware, the Metropolitan Planning Organization (MPO) released their Long Range
Transportation Plan for new and improved transportation corridors in Winchester, Frederick County,
and the Town of Stephens City. This plan was adopted on October 1, 2005 by the Metropolitan
Planning Organization Policy Committee.
Staff compared the existing Eastern Road Plan to the County's Land Use Plans, the Win -Fred MPO
Long Range Plan, and current County planning efforts in order to update the Road Plan. Attached
you will find staff's comparisons and additions.
Included with the information mentioned above, please find attached a copy of the draft Eastern
Road Plan with the proposed amendments included with descriptions, the current Eastern Road Plan
map with description, a map of just the proposed amendments with description, and a map of an
overview of changes to the Eastern Road Plan.
This Eastern Road Plan update was first considered in 2005.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Transportation Committee —11/01/05
The Transportation Committee considered these proposals at its meeting on November 1, 2005.
Committee members expressed concern for the lack of mention of any additional access points along
Route 37, between I-81 and Route 7. The Transportation Committee endorsed the proposed
revisions to the Eastern Road Plan.
Comprehensive Plan and Programs Subcommittee —11/14/05
The Comprehensive Plan and Programs Subcommittee (CPPS) considered these plan revisions at its
meeting on November 14, 2005. The Subcommittee members questioned whether an endorsement
for the Eastern Road Plan will be an endorsement for Route 3 7. Staff clarified that the Eastern Road
Plan identifies a general path for Route 37, not a specific one. The CPPS endorsed the proposed
revisions to the Eastern Road Plan.
Planning Commission —12/07/05
The Planning Commission discussed the Eastern Road Plan at their meeting on December 7, 2005.
One commission member inquired about the Stephens City exit (Exit 307) and staff noted that it was
proposed to be moved further south. Another Commission member expressed preference for the
eastern portion of Route 3 7, between I-81 and Route 7, to be a parkway with some access, rather than
a limited -access, 65 -mph highway. This Commissioner commented that Clearbrook residents still
had no access to Route 37 and must get onto I-81 before accessing Route 37. No other issues were
raised and Commissioners were unanimously in favor of the proposed Eastern Road Plan.
(Commissioners Morris and Light were absent from the meeting.)
Board of Supervisors — 01/11/06
This item was pulled from the Board of Supervisors meeting of January 11, 2006 meeting, so that it
could return to the restructured Transportation Committee at a later date.
Staff has since made additional updates to the Eastern Road Plan for new consideration.
Transportation Committee — 08/28/06
The Transportation Committee considered these proposals at its meeting of August 28, 2006.
Committee members inquired if the County had access to the Transportation Model to test the
proposed revisions. The Transportation Committee endorsed the proposed revisions to the Eastern
Road Plan.
Comprehensive Plan and Programs Subcommittee — 09/11/06
The Comprehensive Plan and Programs Subcommittee (CPPS) considered these plan revisions at its
meeting on September 11, 2006. The Subcommittee members endorsed Independence Drive as the
connection to Channing Drive and future reclassification of Victory Lane. The Committee also
commented that a Route 277 bypass, connecting the relocated Exit 307 to the Double Tollgate
neighborhood, should be looked into as a longer term connection. The CPPS endorsed the proposed
revisions to the Eastern Road Plan.
Staff is seeking comments from the Planning Commission which will be forwarded to the Board
of Supervisors for their consideration.
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PROPOSED DRAFT
Martinsburg Pike (US 11), between the West Virginia state line and the Winchester city
line, is identified as an improved minor arterial.
2. A new major collector road will extend east from Rest Church Road, across Martinsburg
Pike, and then south to Woodbine Road.
3. Woodbine road is identified as an improved major collector road, and will be extended as
a new major collector road to Woodside Road.
4. A new major collector road will connect Woodbine Road to Branson Spring Road. This
will parallel Woodside Road to the west.
5. Brucetown Road will be realigned to intersect Martinsburg Pike with Hopewell Road.
This segment will be a new major collector road.
6. Hopewell Road is identified as an improved major collector road from just west of I-81 to
Martinsburg Pike.
7. Old Charles Town Road, from Martinsburg Pike to Gun Club Road, is identified as an
improved minor collector.
8. A new major collector road (Cross Cannon Boulevard) will connect Stephenson Road to
Old Charlestown, traverse through the Snowden Bridge development, and intersect with
Martinsburg Pike approximately at Nulton Lane.
9. Ebert Road is identified as an improved major collector, and will continue south as a new
major collector road from its western terminus to Martinsburg Pike and Cross Cannon
Boulevard.
10. Redbud Road's intersection with Martinsburg Pike will be shifted to the north as an
improved major collector road to intersect with Cross Cannon Boulevard.
11. A new onramp will be built, allowing vehicles to enter Route 37 westbound from Lenoir
drive.
12. Brooke Road will be extended as from Martinsburg Pike to North Frederick Pike (US
522). This has been identified as a new minor collector road.
13. Woods Mill Road, from Berryville Pike (Route 7) to Jordan Springs Road, is identified as
an improved miiinor collector road.
14. East Route 37 is identified as a new major arterial, traversing north around Stonewall
Industrial Park, to Berryville Pike, then southwest to I-81 at exit 310.
15. Planned interchange locations on Route 37 and I-81 are identified. New locations along
Route 37 are at: Merriman Lane, Shady Elm Road, Warrior Drive, Front Royal Pike,
Millwood Pike, Senseny Road, Berryville Pike, Cross Cannon Boulevard, 1-81 and
Martinsburg Pike.
16. A new major collector road will connect North Frederick Pike and Apple Pie Ridge Road
#17.
17. A new major collector road will parallel Route 37 from North Frederick Pike and Long
Green Lane, south to Northwestern Pike (US 50) and Ward Avenue.
18. A new major collector road will continue Campus Boulevard west from the Winchester
City Line to #17.
19. A new minor collector road will connect Hospital Drive in. Winchester, across Route 37,
to #20.
20. A new minor collector road will travel south from # 18 to just north of Northwestern,
turning west to connect with #17. This road will then continue west to #21.
21. A new major collector road will extend north from the realigned Round Hill and
Northwestern Pike (#23), connecting with 420.
22. Northwestern Pike is identified as an improved minor arterial from Route 37 to west of
#21.
23. Round Hill Road's intersection with Northwestern Pike will be shifted to the west, to
align with #21.
24. Jubal Early Drive, from Winchester, will be extended to the west as a new major
collector road. This road will intersect Route 37 at Merriman Lane, with a new
interchange with Route 37.
25. A new major collector road will connect #24 to Cedar Creek Grade in between Route 37
and the Winchester city line.
26. Cedar Creek Grade, from Route 3 7 to the Winchester City Line, is identified as an
improved major collector.
27. Getty Lane is identified as an improved minor collector road.
28. A new minor collector road will connect the northern terminus of Getty Lane, south to
Berryville Pike and Regency Lakes Drive.
29. Berryville Pike, from I-81 to the Clarke County Line, is identified as an improved major
arterial.
30. Valley Mill Road's intersection with Berryville Pike will be shifted to the east, to align
with Getty Lane.
31. Valley Mill Road is identified as an improved major collector, from its western terminus
to just east of Mill Race Drive.
32. A new major collector road will connect Valley Mill Road, from just east of Mill Race
Drive, to Haggerty Boulevard (432).
33. A new major collector road, Haggerty Boulevard, will connect Berryville Pike to Senseny
Road, crossing Route 37 at its intersection with #31.
34. Canyon Road, from Senseny Glen Drive to Charming Drive (#39), is identified as an
improved minor collector road.
35. Williamson Road is identified as an improved minor collector road, and will continue
north then east to Greenwood Road and Farmington Boulevard.
36. Farmington Boulevard, from Greenwood Road to Channing Boulevard, and Wayfaring
Drive to Morning Glory Drive, are identified as an improved minor collector road.
37. Morning Glory Drive is identified as an improved minor collector road.
38. Senseny Road, from I-81 to the Clarke County Line, is identified as an improved major
collector road.
39. Channing Drive, a new major collector road, will connect Valley Mill Road to Sulphur
Spring Road, then south to Millwood Pike (US 17/50).
40. A new minor collector road will connect Inverlee Way (#43) and Channing Drive.
41. Greenwood Road is identified as an improved major collector road between Berryville
Pike and Senseny Road.
42. Greenwood Road is identified as an improved minor collector road between Senseny
Road and Channing Drive.
43. A new major collector road (Inverlee Way) will connect Millwood Pike and Senseny
Road.
44. Sulphur Spring Road is identified as an improved major collector road, between
Millwood Pike and Channing Drive.
45. Millwood Pike, between I-81 and Route 37, is identified as an improved minor arterial.
46. A new major collector road will Ryco Lane to Front Royal Pike (US 522), then across I-
81 to East Tevis Street in the City of Winchester.
47. A new major collector road, Coverstone Drive, will connect 446 to Sulphur Spring Drive.
48. A new major collector road will extend Inverlee Way, south from Millwood Pike, to
Coverstone Drive.
49. Victory Road is identified as an improved major collector road.
50. Independence Drive is identified as an improved major collector road, and will continue
south to Airport Road.
51. Airport Road, from Victory Road to Front Royal Pike, is identified as an improved major
collector road. Airport Road will continue west from Front Royal Pike to Warrior Drive
(#57) as a new major collector road.
52. A new major collector road will extend west from Longcroft Road and Front Royal Pike,
to Warrior Drive.
53. A new major collector road will extend Justes Drive to the north to Victory Road.
54. Papermill Road is identified as an improved major collector road. Papermill's flyover of ;(
I-81 will be replaced with a new interchange just south of its current location. Also,
Papermill's intersection with Front Royal Pike will be moved south to be aligned with
Justes Drive.
55. A new major collector road will connect the southern leg of Papermill Road to Taker
Road, south of Route 37.
56. A new minor collector road will connect #55, traverse north, west of Warrior Drive, and
terminate at Papermill Road.
57. A new major collector road, Warrior Drive, from #46 to the north and Lakeside Drive to
the south.
58. Shawnee Drive is identified as an improved minor collector road.
59. Valley Pike (US 11), between the Winchester City Line and the Bartonsville Historic
District, is identified as an improved minor arterial.
60. Apple Valley Road to Shady Elm Road, and Shady Elm Road to Springdale Road, are
identified as an improved major collector road.
61. A new major collector road will connect Shady Elm Road to Valley Pike (south of
Prosperity Drive).
62. A new major collector road, the Stephens City Bypass, will run south from the Shady
Elm/Springdale intersection, along the Passage Lane alignment, the east to the relocated
I-81 Exit 307 (#86) and Warrior Drive (485).
63. A new minor collector road will parallel south of Route 37, connecting Tasker Road to
Warrior Drive (#69).
64. Chinkapin Drive is identified as an improved minor collector road, extending south to
#65, and north to 963.
65. A new major collector road will extend west from Tasker Road, over I-81, to connect
with the Stephens City Bypass (962).
66. Lakeside Drive is identified as an improved minor collector road.
67. A new minor collector will east from Lakeside Drive and Warrior Drive to Front Royal
Pike, connecting with the new West Parkins Mill Road alignment.
68. West Parkins Mill Road is identified as an improved major collector road, with a
realignment the Front Royal Pike intersection to the north.
69. Warrior Drive is identified as an improved major collector road from Tasker Road to
Route 37.
70. Warrior Drive is identified as an improved major collector road from Tasker Road to
Fairfax Pike (Route 277).
71. An improved minor collector road network is identified through the Canter Estates
neighborhood, connecting Front Royal Pike to 467.
72. White Oak Road, from Tasker Road, to Macedonia Church Road, to Front Royal Pike, is
identified as a new major collector road.
73. A new minor collector road will connect Marcel Drive at Tasker Road, to Macedonia
Church Road.
74. Tasker Road, from I-81 Exit 310 to Front Royal Pike, is identified as an improved major
collector road.
75. White Oak Road, from Tasker Road to Fairfax Pike, is identified as an improved major
collector road.
76. A new minor collector road will connect Warrior Drive to White Oak Road, north of
Sherando Park.
77. Albin Drive and Village Lane are identified as an improved minor collector road.
78. A new minor collector road will extend south from Lakeside drive and Tasker Road to
Aylor Road.
79. Aylor Road is identified as an improved major collector road.
80. Caroline Avenue, from Aylor Road to Westmoreland Drive, is identified as an improved
minor collector road -
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81. Westmoreland Drive is identified as an improved minor collector road.
82. Double Church Road, from Aylor Road to Grim Road, is identified as an improved major
collector road.
83. The Stickley Drive extension from Fairfax Pike to Aylor Road is identified as a new
minor collector road.
84. Fairfax Pike, from I-81 to the Clarke County Line, is identified as an improved minor
arterial.
85. A new major collector road will extend south from Warrior Drive and Fairfax Pike to
Double Church Road, then west to Town Run Lane and the relocated I-81 Exit 307.
86. I-81 Exit 307 will be relocated south of its current location.
87. A new minor collector road will traverse through the Town of Stephens City, north to
south along the rail road, from Squirrel Lane and Marlboro Road to #65.
88. A new minor collector road will connect Valley Pike, approximately at Shenandoah
Valley Baptist Church & Academy, to #87.
Current
EASTERN ROAD PLAN
Frederick County, VirgWa Department of Rann�ng & Development
Frederick County Eastern Road Plan
Current Road Plan
1. Improved major collector road from Redbud Road and W&W railroad to US Route 11,
just south of Nulton Lane.
2. A new major collector road from First Woods Drive and Route 7 north to Redbud Road,
traversing the Redbud Elementary School properly.
3. Woods Mill Road is identified as an improved minor collector road between Route 7 and
Jordan Springs Road.
4. Getty Lane is identified as an improved minor collector road.
5. A new minor collector road will run from Route 7 and Cole Lane, north then west around
the Winchester Mall property, to intersect with Getty Lane.
6. A new major collector road will connect Valley Mill Road and Route 7, at the Winchester
Gateway light, via the Brookland Lane alignment.
7. Greenwood Road, between Route 7 and Senseny Road, is identified as an improved major
collector road.
8. Valley Mill Road, between the western terminus at Route 7 to just east of Mill Race
Drive, is identified as an improved major collector road.
9. A new major collector road will connect Route 7, just west of the Opequon Water
Reclamation Facility, south to Senseny Road. This road will parallel Route 37.
10. A new major collector road will connect new major collector road #9 to Valley Mill
Road.
11. Williamson Road is identified as an improved minor collector road.
12. A new minor collector road will connect Williamson Road to Valley Mill Road, by way
of Hunter Run Road.
13. A new minor collector road will connect minor collector road #12 to Greenwood Road, at
Farmington Boulevard.
14. Farmington Boulevard is identified as an improved minor collector road.
15. A new major collector road (Channing Drive) will connect Valley Mill road to Senseny
Road.
16. A new major collector road will continue Channing Drive from Senseny Road to Sulphur
Springs Road, west of the current Greenwood Road intersection.
17. A new minor collector road will continue from Farmington Boulevard and connect to
Channing Drive at Wayfaring Drive.
18. A new minor collector road (Wayfaring Drive) will connect Channing Drive to Morning
Glory Drive.
19. Woodrow Road is identified as an improved minor collector road between Greenwood
Road and Elaine Drive.
20. A new minor collector road will continue from Woodrow Road and connect with
Channing Drive and Canyon Road.
21. A new minor collector road (Canyon Road) will connect Channing Drive at Woodrow
Road to the existing Canyon Road in the Senseny Glen neighborhood.
22. A new major collector road (Inverlee Way) will connect Senseny Road to US Route 50.
23. A new minor collector road (Kinross Drive) will connect 422 to Oak Ridge Lane
(approximate).
24. Greenwood Road, between Senseny Road and Sulphur Spring Road, is identified as an
improved minor collector road.
25. A new minor collector road will connect Greenwood Road to 416, between Senseny and
Sulphur Spring Road.
26. Sulphur Spring Road, between US Route 50 and the extension of Channing Drive, is
identified as an improved major collector road.
27. A new major collector road to connect US Route 522 and Tulane Drive to US Route 522
and Bufflick Road (approximate).
28. Ryco Lane is identified as an improved major collector road.
29. Delco Plaza Lane is identified as an improved major collector road.
30. A new major collector road will connect #27 and Delco Plaza to Ryco Lane.
31. A new major collector road will connect US Route 522 and Bufflick Road to the Tevis
Street a1; ;n tbe. City of Winchester. This includes a flyover of I-81.
32. Bufflick Road is, identified as an improved major collector road between US 522 and
Airport Road.
33. Victory Road is identified as an improved major collector road between US 50 and
Airport Road.
34. Airport Road is identified as an improved major collector road between Bufflick Road
and Victory Road.
35. A new major collector road will connect US 522 and Papermill Road to Airport
Road/Bufflick Road intersection.
36. A new major collector road will follow the Warrior Drive alignment from Route 277
north to Papermill Road and connect with 427 at US Route 522.
37. A new major collector road will connect Warrior Drive at Evandale Lane to Papermill
Road / Harrison Road Intersection.
38. Hillandale Lane is identified as an improved minor collector road.
39. A new minor collector road will connect the northern terminus of Hillandale Lane to
Papermill Road, west of where Papermill Road intersects #36.
40. A new minor collector road will connect Hillandale Lane to Evandale and #36. This road
will be parallel to and to the north of Route 37.
41. A new minor collector road will connect US Route 522 to new minor collector road 440.
42. A new major collector road will connect Tasker Road to new major collector road #36.
This road will parallel Route 37 to the south.
43. Tasker Road, between Route 37 and US Route 522, is identified as an improved major
collector road.
44. West Parkins Mill Road, between US Route 522 and US Route 50, is identified as an
improved major collector road.
45. A new minor collector road will connect West Parkins Mill Road from US Route 522, to
new major collector road #36.
46. A new minor collector road will connect #45 from 436 to the eastern terminus of
Lakeside Drive.
47, Lakeside Drive is identified as an improved minor collector road.
48. A new minor collector road will connect Lakeside Drive from Tasker Road to Aylor Road
at Vii 1 age Lane.
49. A new major collector road will connect Tasker Road from Lakeside Drive, to I-81.
50. Aylor Road, between Tasker Road and Route 277, is identified as an improved major
collector road.
51. Westmoreland Drive, between Aylor Road and Warrior Drive, is identified as an
improved minor collector road.
52. Halifax Avenue (approximate), between Aylor Road and Westmoreland Drive, is
identified as an unproved minor collector road.
53. Albin Drive (approximate) has been identified as an improved minor collector road.
Warrior Drive at Montgomery Circle —northern
54. A new major collector road will connect
end (approximate) to White Oak Road.
55. White Oak Road, between Route 277 and Macedonia Church Road, is identified as an
improved major collector road.
56. A new major collector road will connect White Oak Road to US Route 522.
57. Double Church Road, between Aylor Road and Sherando Lane, is identified as an
improved major collector road.
58. Eastern half of Route 37 is identified as a new major arterial.
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Proposed Amendments
EASTERN ROAD P -LAN
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Frederick County Eastern Road Plan
Proposed Revisions
Northeast Land Use Plan
59. Addition of the Carroll Industrial Park "Loop Road." This new major collector road will
extend north from US Route 11, north of Exit 317, to Ebert Road. Ebert Road will be
designated as an improved major collector road the entire length to US 11. This has been
identified in the Land Use Plan and the Carroll Industrial Park Master Development Plan
(MDP).
60. Addition of Cross Cannon Boulevard, from Stephenson Road south and looping to US
Route 11. It will be aligned with the intersection of the Loop Road as denoted in #59. This
has been identified in the Win -Fred Metropolitan Planning Organization 2030 Transportation
Plan (MPO Plan) and the Stephenson Village MDP.
61. Addition of a new major collector road, extending east from Rest Church Road and US
Route 11, then south to Woodbine Road. This has been identified in the Land Use Plan
and the Semples Rezoning.
62. Identify Woodbine Road from US 11 to the railroad crossing as an improved major collector
road, and from the railroad crossing to Woodside Road as a new maj or collector road. This
has been identified in the Selnples Rezoning.
63. Addition of a new major collector road from Woodbine Road to Branson Spring Road. This
will parallel Woodside Road to the west. This has been identified in the Land Use Plan.
64. Identify the new alignment of Route 37 through the Stonewall Magisterial District, with a
new future interchange with Cross Cannon Boulevard. This has been identified by the Board
of Supervisors.
65. Addition of the Brooke Road extension from the Winchester City line to US Route 522. This
has been identified in the Winchester Area Transportation Study (WATS) and by the MPO.
66. Addition of a southbound on-ramp, extending from Lenoir Drive to Route 37. This has
been identified in the MPO Plan.
67. Identify US Route 11 between the West Virginia state line and Exit 317 as an improved
major arterial. This has been identified in the MPO Plan.
68. Realign Brucetown Road with Hopewell Road at US 11. This segment east of US 11 is
identified as a new major collector road. Hopewell Road, between I-81 and US 11 is
identified as an improved major collector road.
37 West Land Use Plan
69. Addition of a new major collector road from US Route 522 and Long Green Lane,
south to US Route 50 and Ward Avenue. This has been identified in the Land Use Plan.
70. Addition of a new major collector road from US Route 522 and Apple Pie Ridge Road,
to new major collector road #69. This has been identified in the Land Use Plan.
71. Addition of the Campus Boulevard extending across Route 37 from the Winchester
Medical campus, to new major collector road 969. This has been identified in the Land
Use Plan, and the Winchester Medical Center MDP.
Round Hill Land Use Plan
72. Addition of the WWW MDP and Winchester Medical Center MDP major and minor
collector road networks. These have been identified in the Land Use Plan and both the
WWW and Winchester Medical Center MDPs.
73. Addition of a flyover of Medical Center Drive, from Hospital Drive across Route 37, to
the new minor collector road network identified in #72. This has been identified in the
Winchester Medical Center MDP.
74. Realignment of the Round Hill Road and US Route 50 intersection. This has been
identified in the WWW MDP.
Western Jubal E irly Land Use Plan
75. Addition of the Jubal Early Drive extension (a new major collector road) from the
Winchester city limit to Route 37 with a new interchange at the Merrimans Lane flyover.
This has been identified in both the Land Use Plan and the MPO Plan.
76. Addition of a new major collector road running from the future Jubal Early Drive
extension south to Cedar Creek Grade. This has been identified in both the Land Use
Plan and the MPO Plan.
77. Identify Route 622 (Cedar Creek Grade) between the Winchester City line and Route 37,
as an improved major collector road.
Route 11 South Corridor Land Use Plan
78. Relocate 1-81 Exit 307 south. us has been ident'�fied by the MP() Plar_ and �iDOT.
79. Addition of the Stephens City by-pass major collector road from the relocated I-81 Exit
307 to the Springdale/Shady Elm intersection. This will include improvements and a
realignment to Passage Lane. This has been identified in the Land Use Plan, WATS, and the
MPO Plan.
80. Addition of Shady Elm Road as an improved major collector from Apple Valley Road to
new major collector road #79. This will include a new interchange at Route 37, and
improving Apple Valley Road from Shady Elm Road to US 11. This has been identified in
WATS and the MPO Plan.
81. Addition of Prosperity Road extending to Shady Elm Road at Soldiers Rest Lane as a
new major collector road. This has been identified in the Land Use Plan, WATS, and the
MPO Plan.
82. Addition of the Tasker Road extension across I-81, to new major collector road #79, as a
new major collector road. This has been identified in the Land Use Plan, WATS, and the
MPO Plan.
83. Addition of a new minor collector road from Marlboro Road / Fairfax Street and Squirrel
Lane, to the future Tasker Road extension (482) as a new minor collector road. This has
been identified in the Land Use Plan, WATS, and the MPO Plan.
84. Addition of a new minor collector road from US Route 11, roughly across from
Shenandoah Valley Baptist Church & Academy, east to the future Squirrel Lane extension
(483). This has been identified in the Land Use Plan and the MPO Plan.
85. Addition of US Route 11 as an improved major collector running from Shawnee Drive to
just north of the Bartonsville Historic District. This has been identified in the Land Use Plan.
86. Addition of a new minor collector road running from Stickley Drive and connecting to
Aylor Road. This has been identified by WATS and the MPO Plan.
87. Addition of the Warrior Drive extension as a new major collector road, running south
from Fairfax Pike to Double Church Road, then west to Town Run Lane, connecting with the
future Stephens City by-pass and yet -to -be relocated Exit 307. This has been identified in the
MPO Plan.
Southern Frederick Land Use Plan
88. Identify Fairfax Pike (Route 277) as an improved minor arterial road. This has been
identified by the MPO Plan.
89. Identify Papermill Road as an improved major collector road, with a realignment of the
road's intersection with US Route 522 south to Justes Drive. Also, Papermill's crossing of I-
81 will be realigned with Battaile Drive with a new interchange with I-81. This has been
identified in the Land Use Plan and the MPO Plan.
90. Addition of a new major collector road, extending from Tasker Road, south of Route 37,
north along Evendale Lane, and continuing to Papermill Road. This has been identified in
the Land Use Plan, the Crosspointe Rezoning, and the MPO Plan.
91. Addition of a new minor collector road extending south from Caldwell Lane, then east to
proposed major collector 990. This has been identified in the Crosspointe Rezoning.
92. Continuation of Justes Drive as a major collector road extending north to Victory Road
and Airport Road. This has been identified in the Land Use Plan and the MPO Plan.
93. Addition of a new major collector road extending from Longcroft Road and US Route
522 west to future Warrior Drive north. This has been identified in the Land Use Plan.
94. Reclassify a new major collector road running east to west through the Crosspointe
project as anew minor collector road. This has been identified in the Crosspointe Rezoning.
95. Identify Chinkapin Drive as an improved minor collector road. This road will extend the
to the south to future western Tasker Road extension (#49). Chinkapin will also extend to the
north to the proposed minor collector road #94. This has been identified in the Land Use
Plan, and the WATS plan.
96. Realign West Parkins Mill Road to intersect US Route 522 north of its current
intersection. West Parkins Mill Road will continue west to future Warrior Drive as a new
minor collector road. This has been identified in the Land Use Plan.
97. Addition of an improved minor collector road connecting US Route 522, through Canter
Estates, Phase 5, to future West Parkins Mill. This has been identified in the Land Use Plan,
and the Canter Estates V MDP.
98. Addition of a new minor collector road connecting Macedonia Church Road to Marcel
Drive. This has been identified in the Tasker -Woods Land Use Plan.
99. Identify Shawnee Drive as an improved major collector road from US 11 to Papermill
Road.
Route 50 East Corridor Land Use Plan
100. Addition of a new major collector road extending west from Airport Road and US Route
522 to future Warrior Drive. This has been identified in the Land Use Plan, the Russell
150 Rezoning, WATS, and the MPO Plan.
101. Addition of a new major collector road extending south from US Route 17/50 and
Prince Frederick Drive to US Route 522, and then across I-81 to the Tevis Street
alignment in the City of Winchester. This has been identified in the Land Use Plan, the
Russell 150 Rezoning, WATS, and the MPO Plan.
102. Addition of a new major collector road extending east from proposed major collector
road #100, to the intersection of US Route 17/50 and Sulphur Spring Road. This has
been identified in the Land Use Plan, and the Carpers Valley Rezoning.
103. Addition of a new major collector road extending south from Inverlee Way to the
proposed Carpers Valley collector road (9102). This has been identified in the Land
Use Plan, and the Carpers Valley Rezoning.
104. Extending a major collector road from Channing Drive and Sulphur Spring Road to the
Independence Dr / US Route 17/50 intersection. This is not on any of the current plans,
but was identified by the CPPS as an important link.
105. Addition of a new minor collector road extending east from future Inverlee Way to
Greenwood Road. This is not on any of the current plans, but was identified by staff as
an important link.
106. Reclassify Independence Road as a new major collector road that will extend from US
Route 17/50, to the intersection of Airport Road and Victory Road. This will fill in the
gap between proposed major collector roads 492 and 4103.
Other
107. Future Route 37 interchanges have been added to the Eastern Road Plan to better
coordinate the upcoming growth in Frederick County.
108. The following roads have been identified as improved minor arterial: Millwood Pike
(US 17/50), between 1-81 and Carpers Valley Road (723); and Northwestern Pike (US 50),
between the City line and just west of the WWW property. Berryville Pike has been
identified as an improved major arterial. These have been identified in the Frederick
County Comprehensive Policy Plan.
109. The southern end of Greenwood Road will continue east to connect with future
Channing Drive. This extension will be a new minor collector road.
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VESTED RIGHTS POLICY STATEMENT
FOR FREDERICK COUNTY, VA
The information set forth in this document is intended to define the requirements of the Code of
Frederick County that maintain a vested right when provided on a legally approved development plan,
or a legally approved and recorded plat. It is envisioned that these requirements be vested perpetually
unless future legislative actions at the State or Federal levels mandate otherwise.
1) Master Development Plans:
a) Overall land use plans shall be vested when depicted on an approved faaster development
plan.
b) Proposed residential densities, the type of residential dwelling, the number of residential
dwellings within various development phases, and commercial or industrial floor to area ratios
(FAR) shall be vested if the appropriate terminology and numeric information is clearly
depicted on an approved master development plan.
c) Proposed widths for required buffers shall be vested if the appropriate terminology and
numeric information is clearly depicted on an approved master development plan. However,
requirements for screening shall be required as mandated by the current ordinance.
d) Percentages or acreage of required common open space and recreational areas shall be vested
if the appropriate terminology and numeric information is clearly depicted on an approved
master development plan.
e) The number of recreational areas designated on an approved master development plan shall
be vested. However, required recreational amenities and installation specifications shall be
mandated by current ordinance requirements.
2) Subdivision Design Plans:
a) The use of each parcel and the number of lots in each use shall be vested when depicted on
an approved subdivision plan.
b) The location and acreage of each parcel of land dedicated for common open space or for
public use shall be vested if the appropriate terminology and numeric information is clearly
depicted on the approved subdivision design plan.
c) The location and width of all road right-of-ways provided on an approved subdivision plan
shall be vested provided that the road classification and numeric information is clearly
depicted.
3) Subdivision Plats:
a) The location of setback lines shall be vested if the appropriate terminology and numeric
information is clearly depicted on a subdivision plat that is legally approved and recorded.
b) The location and design of proposed buffers and screening shall be vested if the appropriate
terminology and numeric information is clearly depicted on a subdivision plat that is legally
approved and recorded.
c) The location and acreage of each parcel of land dedicated for common open space or for
public use shall be vested if it is consistent with the approved subdivision plan, and if the
appropriate terminology and numeric information is clearly depicted on a subdivision plat that
is legally approved and recorded.
d) The location and width of all road right-of-ways shall be vested if the information is consistent
with the approved subdivision plan, and if the appropriate road classification and numeric
information is clearly depicted on a subdivision plat that is legally approved and recorded.
e) The allowable density which results from future subdivisions of a parent tract shall be vested
if the appropriate terminology and numeric information is clearly depicted on a subdivision
plat that is legally approved and recorded.
4) Site Development Plans:
a) All requirements provided on an approved site development plan shall be valid for five years
from the official approval date of the plan. The requirements provided on an approved site
development plan shall only be vested if building permits have been issued prior to the date
of site plan expiration.
b) Site plans shall be allowed to be approved for phased development. In the event that
outstanding phases are not developed when the expiration date of a site development plan is
realized, all requirements associated with the individual phases shall only be vested if building
permits have been issued for the individual phases by Frederick County.
C) Site development plans that have been submitted for review but have not received official
approval from Frederick County shall not be vested from new design requirements or from
new performance standards.
VESTED RIGHTS POLICY STATEMENT
RESOLUTION
At a regular meeting of the Frederick County Board of Supervisors, held on the 10th day of
April, 1996, in the Board Room of the Frederick County Court House on Loudoun Street in
Winchester, Virginia, it was duly moved and seconded that the following resolution be adopted:
WHEREAS, residential, commercial and industrial development within Frederick County,
Virginia, is continuing at a significant rate; and,
WHEREAS, the Frederick County Board of Supervisors continues to develop policies to
address the management of growth in the community; and,
WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a
Vested Rights Policy Statement will provide a valuable planning tool for County Officials and
property developers within Frederick County; and,
WHEREAS, the Frederick County Board of Supervisors believes that the establishment of a
Vested Rights Policy Statement will initiate a technique for consistent decision making
regarding development and design issues.
THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors endorses
the adoption of a Vested Rights Policy Statement for Frederick County, Virginia.
This resolution shall be adopted by the following recorded vote:
James L. Longerbeam, Chairman Aye Charles W. Orndoff, Sr. Aye
W. Harrington, Smith, Jr. Aye Margaret B. Douglas Aye
Robert M. SagerAye Richard C. Shickle Aye
A COPY ATTEST
John R,- Riley, Jr., Coun Administrator
RESOLUTION NO.: 032-96