PC 06-02-04 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
June 2, 2004
7:00 P.M. CALL TO ORDER TAB
1) April 7, 2004 Minutes .................................................. (A)
2) Committee Reports ................................................ (no tab)
3) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
4) Conditional Use Permit 908-04 of Virginia Edwards, for a Cottage Occupation -
Photography Studio. The property is located at 143 Darby Drive (Route 1524), and is
identified with Property Identification Number 64G-2-3-151 in the Shawnee Magisterial
District.
Mr. Beniamino ........................................................(B)
5) Conditional Use Permit #09-04 of James A. Bayliss and Barbara V. Bayliss, for a
Cottage Occupation - Real Estate Brokerage. The property is located at 2680 Northwestern
Pike (Route 50 W) and is identified with Property Identification Number 52-A-56 in the
Gainesboro Magisterial District.
Mr. Cheran ...........................................................(C)
6) Conditional Use Permit #10-04 of Charles D. Brown, for a Motel/Bed and Breakfast. The
property is located at 161 McCarty Lane (Route 50 East), and is identified with Property
Identification Number 65-3-8 in the Shawnee Magisterial District.
Mr. Cheran ...........................................................(D)
7) Rezoning #06-04 of Rutherford, LLC, submitted by Greenway Engineering, Inc., to rezone
13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition);
and, M1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial
Transition) Districts. The subject acreage is located within the northwest quadrant of the
Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route 11
North), and east and adjacent to Interstate 81, and is identified by Property Identification
Number(s) 43 -A -96,43 -A -97,43 -A -98,43 -A -99,43-A-1 00, 43-A-101, and 43-A-111 inthe
Stonewall Magisterial District.
Mr. Mohn............................................................(E)
PUBLIC MEETING
8) Master Development Plan #03-04 for Fieldstone Subdivision, submitted by Greenway
Engineering, for up to 63 single-family detached urban homes and 225 townhouses. The
property is located south of Valley Mill Road (Route 659), to the east of Carlisle Heights
Subdivision, and is identified with Property Identification Number 55-A-181, in the Red Bud
District.
Mr. Camp............................................................ (F)
9) Master Development Plan #06-04 of Winchester Medical Center II, submitted by G. W.
Clifford & Associates, for retail, commercial and medical support use. The property is located
at the northwest corner of the intersection of Route 37 and Route 50 West, and is identified
with Property Identification Number 53-A-68, in the Gainesboro Magisterial District.
Mr. Camp............................................................(G)
10) Master Development Plan #07-04 of WWW Property, submitted by G. W. Clifford &
Associates, for retail and commercial use. The property is located north and adjacent to
Route 50 West, approximately 1,700 feet west of Route 37, and is identified with Property
Identification Numbers 52 -A -B and 53-A-79, in the Gainesboro Magisterial District.
Mr. Camp............................................................(I)
DISCUSSION
11) Ordinance Amendment - Pipestem Lot. Residential lot with a disproportionately narrow
strip of land used for access.
Mr. Cheran ........................................................... (I)
12) Types of Uses in the B2 Zoning District. Appropriateness of current uses by Standard
Industrial Classification Code (SIC).
Mr. Cheran ........................................................... (J)
13) Subdivision Ordinance, Section 144-17L. Change from 12,000 square feet to 15,000
square feet concerning curb and gutter construction.
Mr. Cheran ...........................................................(K)
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on April 7, 2004,
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; John H. Light,
Stonewall District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Robert A.
Morris, Shawnee District; and Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison;
and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; Cordell Watt, Back
Creek District; Charles E. Triplett, Gamesboro District;
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Jeremy F. Camp, Planner II; Mark R.
Cheran, Planner I; and Renee S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - MARCH 3, 2004
Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, the
minutes of March 3, 2004 were unanimously approved as presented.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1263
-2 -
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 03/25/04 Mtg.
Commissioner Unger reported that the DRRS discussed the 100' setbacks in the Rural Areas;
however, they decided to postpone any decisions until after the Visioning Sessions on the Rural Areas were held
with the public. Commissioner Unger said that the DRRS also discussed uses in the B2 District and will
continue work on that topic.
Comprehensive Plans & Programs Subcommittee (CPPS)
Commissioner Light said that the CPPS did not have a meeting, however, he reported that the
rural areas study is ongoing and has completed the first phase by finishing up with the stakeholders meetings.
Commissioner Light said that they are now ready to go into the second phase, which is the public visioning
work sessions and everyone is invited to attend. He announced that the first meeting is Monday, April 12, at
Frederick County Middle School; the second meeting is Tuesday, April 13, at Indian Hollow Elementary
School; the third meeting is Thursday, April 15, at Armel Elementary School; the fourth meeting is Tuesday,
April 20, at Stonewall Elementary School; and the fifth meeting is Thursday, April 22, at Middletown
Elementary School.
Sanitation Authority - 03/23/04 Mtg.
Commissioner Fisher reported that the SA's Engineer/Director, Wellington Jones, reviewed
plans for possible expansion of flow rates for the Parkins Mill Plant and the projected time schedule with design
is mid 2007. He said the Sanitation Authority had also been asked to look into the possibility of taking over
the utilities at Lake Holiday, which involved discussions on existing conditions at Lake Holiday and possible
liabilities. He said that despite some negative comments, the Authority agreed to keep the subject open and to
continue discussions with representatives from Lake Holiday.
PUBLIC HEARING
Rezoning 402-04 of the Sempeles Property, submitted by Gilbert W. Clifford & Associates, Inc., to
rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres
from RA (Rural Areas) District to MI (Light Industrial) District. This property is located east and
adjacent to Martinsburg Pike (Rt. 11 North) and north and adjacent to Woodbine Road (Rt. 669), and
is identified with P.I.N.s 34-A-2 and 34-A-4 in the Stonewall Magisterial District.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1264
-3 -
Action - Recommended Approval with Proffers
Commissioner Light announced that he would abstain from all discussion and voting on this
rezoning due to a possible conflict of interest.
Christopher M. Mohn, Deputy Planning Director, read the background information for the
proposed rezoning. He stated that the site does not contain any notable environmental features and comments
received from the various reviewing agencies were generally positive. He noted that the Comprehensive Policy
Plan articulates the planned land uses applicable to the subject parcels through the policies of the Northeast
Land Use Plan (NELUP) and that the NELUP designates the subject parcels for industrial and business
development. He added that the site is located within the Sewer and Water Service Area (SWSA) and the
development program proposed through the requested rezoning is consistent with the adopted policies of the
Comprehensive Policy Plan.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for
the project, presented the rezoning proposal to the Commission. Mr. Lloyd Ingram of VDOT was also
available to answer questions from the Commission.
Mr. Ingram of VDOT believed the transportation problems had been substantially addressed,
especially in light of the improvements that were made at the Rest Church bridge and the intersection of Rest
Church Road (Rt. 669) and Martinsburg Pike (Rt. 11). He further noted that Woodbine Road had been
improved as an industrial access roadway. He said that VDOT did not foresee any potential future problems
arising from this site.
During Lhe public comment portion of the meeting, a member from the Board of Trustees of
Rest United Methodist Church, Mr. Fred VanMeter, came before the Commission to express the board's
concern with traffic conditions in the area. In particular, it was noted that access to the church site had been
significantly constrained due to the recent improvement project involving the Rest Church Road bridge. Mr.
VanMeter said the board was primarily concerned with VDOT's response to the reported site access problems,
and had no objection to the subject rezoning application. A copy of a letter submitted by the Rest United
Methodist Church Board of Trustees to Senator Russell Potts concerning the access issue and VDOT's
response to date was included with the official record of this application.
The primary area of discussion among Commissioners was the anticipated truck traffic that
would be generated by this site. In particular, the applicant and VDOT were questioned regarding the extent
to which the proposed transportation plan accounted for the coordinated flow and stacking of truck traffic
associated with the Sempeles site and the Flying J facility located on the opposite side of the interchange.
Although some Commissioners believed gridlock would result from the close proximity of Route 11 to
Interstate 81, coupled with the traffic generated by the Flying J site and existing vehicular traffic, the majority
of members believed the traffic issues were solvable. A request was made for the applicant to present specific
methods for traffic coordination at the master development plan stage. Concern was also raised for impacts
to the existing residential uses fronting on Route 11 and the applicant assured the Commission that noise and
light infiltration would be addressed.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1265
-4 -
Upon motion made by Commissioner Thomas and seconded by Commissioner Fisher, the
Planning Commission recommended approval of the rezoning by a majority vote as follows:
YES (TO APPROVE): Unger, Thomas, Ours, Fisher, Rosenberry, DeHaven
NO: Gouchenour, Morris,
ABSTAIN: Light
(Please note: Commissioners Straub, Watt, Kriz, and Triplett were absent from the meeting.)
PUBLIC MEETING
Master Development Plan #01-04 for The Townes at Eastside Village, submitted by Painter -Lewis, PLC,
for up to 25 townhouses. This property is located at 155 Dodge Avenue (Rt. 716), and is identified with
P.I.N. 54-A-115, in the Red Bud Magisterial District.
Action - Recommended Approval
Jeremy F. Camp, Planner II, read the background information and review agency comments.
He said that this master development plan was consistent with the requirements of the zoning ordinance.
Planner Camp said the applicant has agreed to provide a ten -foot wide bicycle trail easement along the south
property line in the case a future trail along Abrams Creek becomes a County project. He said that access will
be provided off of Dodge Avenue and at this time, no access is proposed through Anderson Avenue or through
the Dowell J. Howard Vocational School. Planner Camp concluded by saying that all ofthe reviewing agencies
have reviewed and have granted approval of the preliminary master development plan.
Mr. Timothy G. Painter and Ms. Sarah Sarina with Painter -Lewis, PLC, the design engineers
for the project, gave an overview of the project for the Planning Commission.
Two residents on Anderson Avenue, Ms. Debra Frame and Mr. Thomas Wilhelm, were
opposed to the development of this parcel with townhouses. They shared concerns about the additional traffic
on local streets that they believed were too narrow to accommodate two-way traffic. They spoke about the
current difficulty with trying to access Rt. 7 and Valley Mill from Dairy Corner Place. In addition to traffic
concerns, they raised issues about the safety of school children, the existing aged and stressed sewer system,
and the impact of run-off on Abrams Creek and adjoining residential properties.
Members of the Commission pointed out that this was a by -right use and Frederick County
is very much in need of affordable housing. They believed the proposal was aesthetically appealing and the
design engineer had exceeded County requirements, especially in light of the density that could be attained on
this property by -right. They recognized that the transportation issues in this area were acute and pre-existing,
but did not believe this one property owner should be held responsible.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1266
197E
Upon motion made by Commissioner Morris and seconded by Commissioner Ours, the
Planning Commission recommended approval of the master development plan by the following majority vote.
YES (TO APPROVE): Rosenberry, Fisher, Ours, Thomas, DeHaven, Light, Morris, Unger
NO: Gochenour
(Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.)
Master Development Plan 902-04 for Crossroads Commercial Center, submitted by Greenway
Engineering, for commercial and office uses. The property is located at the northeast corner of the
intersections of Fairfax Pike (Rt. 277) and Double Church Road (Rt. 641), and is identified with P.I.N.s
86-A-10 and 86-A-11 in the Opequon Magisterial District.
Action - Recommended Approval of Landscape Buffer and Open Space Waiver Request
Action - Recommended Approval of Entrance Spacing Waiver Request for Right -Hand Turn Lane
Action - Recommended Approval of NMP #02-04 of Crossroads Commercial Center
Chairman DeHaven said that he would abstain from all discussion and voting on this master
development plan due to a possible conflict of interest. He turned the chairing of the meeting over to Vice
Chainnan Thomas for this item.
Planner Jeremy F. Camp read the background information and the reviewing agencies'
cotmnents. Planner Camp explained that the applicant is requesting the approval of two waivers with the
review of this master development plan. He said the first waiver concerns the requirement for a zoning district
buffer adjacent to the existing residential uses. He said the applicant desires to use the existing 50' of
woodlands around the perimeter in lieu of the required full screen. Planner Camp said the second waiver
requested by the applicant deals with the entrance spacing requirements to allow a right -in only entrance off
of Fairfax Pike (Rt. 277). He explained that the zoning ordinance requires a 200' entrance spacing requirement
from the intersection of Double Church Road (Rt. 64 1) and Fairfax Pike (Rt. 277). Based on the scale of the
proposed master development plan, the proposed right -in only entrance would be approximately 15 0'from this
intersection.
Mr. Evan A. Wyatt of Greenway Engineering, the design engineers for this project, explained
the need for the requested waivers to the Commission. During the discussion of the full -screen waiver request
and retention of the existing woodlands strip, a member of the Commission pointed out that frequently, it is
necessary to remove trees when utilities are installed. Mr. Wyatt suggested that the applicant could conduct
an evaluation at the site plan stage and the woodland areas disturbed by utility extensions could be
supplemented with additional plantings. In addition, he said they would incorporate a narrative on the master
plan to this effect. Mr. Wyatt cited the limited amount of road frontage as the reason for the entrance spacing
waiver request and believed that granting the waiver was appropriate because the proposed entrance was for
a "right -turn -in -only" movement.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1267
Commission members recognized the traffic problems along Fairfax Pike (Rt. 277) and noted
that the needed improvements will more than likely be accomplished through future development, such as the
one proposed. They wanted to make sure that those improvements were coordinated to ensure the County
received what is ultimately needed for Fairfax Pike (Rt. 277). It was also noted that the traffic patterns in the
area were likely to change once Warrior Drive opens. In addition, the Commission members discussed with
the applicant safety concerns with the right -turn lane, in light of the three adjoining residential driveways. In
conclusion, Commissioners noted that this was a by -right use and the property has been commercial for a
number of years; they believed this developer had proposed some significant improvements that will help to
mitigate the impact at this location.
Vice Chairman Thomas called for citizen comments, however, no one came forward to speak.
Three separate actions were taken by the Commission, as follows:
Upon motion made by Commissioner Ours and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the Landscape Buffer and Open Space Waiver Request including the restoration
of areas disturbed by utility installation.
YES (To Approve): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour
ABSTAIN: DeHaven
(Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.)
Upon motion made by Commissioner Ours and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval
of the Entrance Spacing Waiver Request for a right-hand turn lane closer than 200' to an intersection,
by the following majority vote:
YES (To Approve): Unger, Morris, Light, Ours, Fisher, Rosenberry, Thomas
NO: Gochenour
ABSTAIN: DeHaven
(Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.)
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1268
-7 -
Upon motion made by Commissioner Ours and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval
of MDP #02-04 of Crossroads Commercial Center, submitted by Greenway Engineering, for commercial
and office uses located at the northeastern corner of the intersections of Fairfax Pike (Rt. 277) and Double
Church Road (Rt. 641), by the following majority vote:
YES (To Approve): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger
NO: Gochenour
ABSTAIN: DeHaven
(Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.)
Chairman DeHaven resumed the conduction of the meeting at this point.
Master Development Plan 903-04 for Fieldstone Subdivision, submitted by Greenway Engineering, for
up to 63 single-family detached urban homes and 225 townhouses. The property is located south of
Valley Mill Road (Rt. 659), to the east of Carlisle Heights Subdivision, and is identified with P.I.N. 55-A-
181, in the Red Bud District.
Action - Recommended Denial
Planner Jeremy F. Camp stated that this parcel of land is proposed to be developed in two
phases: Phase 1 will be located west of Channing Drive and consist of 63 single-family detached urban lots and
Phase 2 will be located east of Channing Drive and consist of 225 townhouses. Planner Camp said the
proposed revised plan is to modify only Phase 2 from 90 single-family detached urban units to 225 townhouses,
changing the overall gross residential density from 1.6 units per acre to three units per acre. He said that, in
addition, the applicant is requesting that the Planning Commission approve a waiver to allow the proposed
private street system to exceed 500 feet.
Mr. Lloyd Ingram of VDOT verified that a revised traffic impact analysis (TIA) was
submitted and VDOT was satisfied because the applicant had agreed to install three turn lanes, in addition to
entering into a signalization agreement where Channing Drive and Nassau intersect. Commission members
questioned VDOT's satisfaction with the TIA in light of all of the traffic that would be utilizing the one -lane
bridge to get to Rt. 7. Mr. Ingram said that VDOT has predicted the traffic would travel the route of least
resistance, proceeding to Greenwood and down to Rt. 7, rather than attempting to traverse the bridge.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1269
-8 -
Mr. Evan A. Wyatt of Greenway Engineering, the design engineers for this project, gave an
overview of the project for the Commission and explained the details of the waiver being requested.
Chairman DeHaven called for public comments and the following persons came forward to
speak
Mr. and Mrs. Timothy Stafford, the owners of the 85 -acre Valley Mill Farm, LLC at 1494
Valley Mill Road expressed concerns about traffic, the impacts of additional sediment in Abrams Creek, the
loss of historic integrity of their property, the impact on their quality of life, and the incapacity of the one -lane
bridge to handle additional traffic. Mr. and Mrs. Stafford offered to dedicate a portion of the northern part of
their property for access, rather than channeling traffic to the one -lane bridge.
Mr. Walter Johnson, a resident of Mill Race Estates, was opposed to the requested change
from single family to townhouses and the increase in density. He cited the traffic congestion on Valley Mill
Road and the incapacity of the one -lane bridge to handle the traffic. He did not think this area could handle
the amount of traffic that would be generated by the increase in development.
Mr. William Schuller was opposed to the townhouses because ofthe additional traffic it would
generate. Mr. Schuller was displeased with the road work that has been done so far.
Mr. Richard Racey, adjacent property owner, was opposed to the townhouses because of
existing overcrowded schools, traffic congestion, and safety issues related to traffic on Valley Mill and
Greenwood Road.
Mr. Gary Adams, the executor and listing agent for the Goldie's LC tract to the east,
cominented that he would like to see Nassau Drive stubbed at the eastern property line of the Fieldstone tract.
Without this connection, he was concerned that his property may be considered landlocked for future
development.
Members of the Planning Staff commented that there has been considerable discussion
regarding subsequent development to the east. They commented on the overall transportation benefit of staff's
recommendation for a continuation of Nassau to the east, possibly creating a connection to Rt. 7 that would
skip beyond the one -lane bridge.
Members of the Planning Commission were concerned about the increase in density from
previous master development plans for this parcel, especially in light of the transportation problems. They
pointed out the possibility of potential acceptable transportation solutions, although none had been presented
for the Commission's consideration.
Upon motion made by Commissioner Light and seconded by Commissioner Rosenberry, the
Planning Commission recommended denial of the master development plan by the following majority vote:
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1270
-9 -
YES (FOR DENIAL): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour
NO: DeHaven
(Commissioners Straub, Watt, Kriz, and Triplett were absent.)
In addition, a motion was made by Commissioner Light and seconded by Commissioner Fisher
to recommend denial of the waiver request. This was also passed by a majority vote as follows:
YES (FOR DENIAL): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour
NO: DeHaven
(Commissioners Straub, Watt, Kriz, and Triplett were absent.)
Subdivision 905-04 of Daniel McKee/ Echo Village for two single-family detached traditional lots, zoned
RP, containing a minimum of 15,000 square feet each. This property is located on Fay Street (Rt. 814),
approximately 350' west of Rt. 11, in the Shawnee Magisterial District.
Action - Recommended Approval
Patrick T. Davenport, Zoning and Subdivision Administrator, stated that the two proposed
lots will be accessed by a single private lane, which will be maintained by the two property owners.
Administrator Davenport commented that there is some urgency behind this request because of a timing issue
relating to funding available by VDOT that could be used to help remedy a serious drainage issue for the
properties along King Street,
Administrator Davenport next described the waiver requests being sought in conjunction with
this subdivision request, as follows: 1) a request for a waiver of the master development plan has been granted
by the Planning Director; 2) a request for a waiver of the state road frontage requirement for both lots; 3) a
request for a waiver of the minimum lot width at front setback for Lot #1 (an 80 foot lot width at the front
setback is required and Lot #I as shown is approximately 70 feet). Administrator Davenport explained that
it would be appropriate to forward a recommendation to the Board of Supervisors which would include these
requested waivers and the ability for staff to administratively approve the plats when all of the requirements
have been met.
Regarding the timing of the consideration of this request, Planning Director Eric R. Lawrence
stated that VDOT has some project money available; however, engineered plans must be submitted by the end
of April for VDOT to fund the project. Director Lawrence said that the developer of these two lots has
contracted Triad Engineering to do all of the storm water management designing that VDOT requires, but
obviously, the developer was not going to proceed unless they could construct two houses on the property.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1271
Director Lawrence said that the urgency of the matter is to take this request through the
Planning Commission and the Board of Supervisors, so that if the County believes the drainage improvement
project is appropriate, VDOT's funds can be utilized by the end of the month.
Chairman DeHaven said that he strongly supported any opportunity to address the long-
standing drainage issues that have existed in this area, without it being a burden to anyone.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Upon motion made by Commissioner Ours and seconded by Commissioner Unger,
BE IT RESOLVED, That in consideration of Subdivision 405-04 of Daniel McKee/ Echo Village for two
single-family detached traditional lots located on Fay Street (Rt. 814), the Frederick County Planning
Commission does hereby recommend approval ofthe request for a waiver ofthe state road frontage requirement
for both lots; a request for a waiver of the minimum lot width at front setback for Lot 41; and the authority for
staff to administratively approve the subdivision, by the following majority vote:
YES (TO APPROVE): Unger, Morris, Light, DeHaven, Thomas, Ours, Fisher, Rosenberry
NO: Gochenour
(Commissioners Straub, Watt, Kriz, and Triplett were absent.)
DISCUSSION
DISCUSSION OF AN ORDINANCE AMENDMENT FOR THE DEFINITION OF RESTAURANT
AND RESTAURANT USE IN THE B3 DISTRICT
Planner Mark R. Cheran stated that the Frederick County Zoning Ordinance allows restaurant
use in most of the business and industrial districts. Planner Cheran said that the Development Review &
Regulations Subcommittee, at their meeting of February 26, 2004, recommended adding restaurant uses in the
B3 Zoning District, and changing the current definition of a restaurant. Planner Cheran next reviewed the
amendments with the Planning Commission.
Commission members believed the amendments were appropriate and helped to clarified the
definition and the ordinance. There were no public comments. The Planning Commission instructed the staff
to proceed with advertisements for a public hearing.
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1272
-I1 -
OTHER
JOINT WORK SESSION
Planning Director Lawrence announced that there will be a joint work session between the
Planning Commission and the Board of Supervisors on May 11, 2004, at 12:00 noon to discuss the rural areas
studies.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 10:30 p.m.
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Draft Minutes of April 7, 2004 Page 1273
C7
•
COG CONDITIONAL USE PERMIT #08-04
VIRGINIA EDWARDS
Staff Report for the Planning Commission
w Prepared: May 10, 2004
fi^Iryi
Staff Contact: David M. Beniamino, 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: 06/02/04 Pending
Board of Supervisors: 07/14/04 Pending
LOCATION: This subject property is located at 143 Darby Drive (Route 1524).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64G-2-3-151
PROPERTY ZONING & PRESENT USE: Zoned: (RP) Residential Performance District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: (RP) Residential Performance District
Land Use: Residential
PROPOSED USE: Cottage Occupation -Photography Studio
VIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 1524, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use.
However, should use ever expand in the future, the entrance may have to be upgraded to
VDOT minimum commercial standards.
CUP 408-04 - Virginia Edwards
May 10, 2004
Page 2
Fire Marshal: One (1) 2A,IOB, C portable fire extinguisher in the studio and one (1) 2A,
IOB, C portable fire extinguisher where flammable liquids are stored or film developing
takes place. Plan approval recommended.
Health Department: As long as the dwelling is connected to Frederick County Sanitation
Authority Sewer and Water, the Health Department has no objections.
Inspections Department: Area of the building utilized shall comply with the Virginia
Uniform Statewide Building Code and section, 304, use group B (Business), of the
international Building Code/2000. The other code that applies is CABO A117.1-98,
Accessible and Usable Buildings and Facilities. The owner shall submit a floor plan of the
area at the time of change of use building permit application for review. The permit must be
issued, the inspections approved and new certificate of occupancy issued prior to operation.
Sanitation Department: No comment.
Winchester Regional Airport: This residence is adjacent to or under a flight path used
regularly by aircraft as they arrive or depart the airport and is subject to aircraft noise. Due
to the close proximity to the flight pattern at Winchester Regional Airport, the property
owner is likely to experience aircraft noise and fly -over from aircraft entering into or
departing the flight patter. As the airport continues to expand services and operation, noise
associated with such expansion will likely increase. The owner should be aware of the
airport's existence and forewarned about aircraft noise and fly -over nuisance from aircraft
that may or may not impede their business. While the Authority poses no objections to the
proposed Conditional Use Permit, I would request that the above comments be included and
acknowledged by the owner in the approval process.
Planning and Zoning: In accordance with section 165.60 of the Frederick County Zoning
Ordinance, a cottage occupation is allowed in the RP zoning district with an approved
conditional use permit. Applicant advises that the activity will be conducted in a room inside
her residence and that customers will be handled on an appointment basis. It does not appear
that allowing this use would have any negative impact on the neighborhood. The very limited
parking should be taken into consideration when scheduling clients.
STAFF CONCLUSIONS FOR THE 06-02-04 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. Any sign placed on the property must not exceed the allowable cottage occupation sign of four
(4) square feet in area.
3. Any expansion of facilities to accommodate this use will require a new conditional use permit.
Submittal Deadline 1-1a--17lh
P/C Meeting p(, Le 4
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
I. Applicant (The applicant if the ✓ owner other)
ADDRESS:
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
�?2d- ✓ 0�
3. The property is located at: (please give exact directions and
include the route number of your road or street)
i
4. The property has a road frontage of 3 feet and a
depth of _ \\G.l6 feet and consists of . Z`d acres.
(Please be exact)5. _
The property is awned by as
evidenced by deed fromL I
17S4Z'). I LC recorded
reviou own r)
in deed book no . C '7dn page as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
f E�. Tax(Parcel) Identificatio
Magisterial District S,
Current Zoning , rCd111 C F
T. Adjoining Property:USE\
North ccs '-A i
East �esdrlt�c
South
West _ fir. ;ctF.o4 ru 1
(I.D.)No. &q -a-3-- /5 /
ZONING
-Uel
. ►Z F
i2.1�
8. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is proposed that -the following buildings will be
constructed:
10. 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.) These people will be notified by mail of this
application:
NAME C j�=�> ° Ne,( ADDRESS
PROPERTY ID# LP LA C j
NAME' �Z(�g11 ADDRESS
PROPERTY 1D# ,' l C�
NAME ; Jn
PROPERTY ID,�`��
NAME v%C✓/L� G .`(i ,�%i
PROPERTY ID# Lvo -kA -10--
ADDRESS
ADDRESS / q% fZ%'(
NAME/,(�; " {,Cil ADDRESS
PROPERTY ID,
NAME } ADDRESS
PROP TY ID# L -P �A& - 1:N
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
11. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines.
2Y WIR EMT.
N/F KWVALD
// & tiANNER
'V
�ID
are
9
-
e7l
Zs
2 -'ATCRf IF,57
at VWYL XIKG as
Ell!
DA. V)tam
A43
LOT 150
Rf
-cm—c 0 WAM MM.'
F- -4-
3 WXK4.f E
I it"
fe
I Ord
HCJSE' LOCA I'
LOT :151.
ZT7 TIM 3
RAZI ViNG
ShAlwtef 031%cr
FFEEMCK NTS WRGINIA
SCUL f — 26 DAM AUGUST 2a, M
NMYOM LAND SURMENNG
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
:First public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
U13E CODE:
RENEWAL DATE:
CUP # 08 - 04 11 Viginia Edwards
Map Features
Primary Roads
/v Secondary Roads
Terciary Roads
ff] Parcel Lines
0 CUP#08-04
50 25 0 50
Feet
Created by Frederick County Department N
of Planning & Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on
file with the Frederick County Clerk's Office.
5
ICUP # 08 - 04 // Viginia Edwards I
Map Features
Primary Roads
Secondary Roads
Terciary Roads
74 CUP#08-04
50 25 0 50
Feet
Created by Frederick County Department
N
of Planning 8 Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on
file with the Frederick County Clerks Office.
5
p.o
AYB
•
i
CONDITIONAL USE PERMIT #09-04
JAMES A. BAYLISS AND BARBARA V. BAYLISS
w Staff Report for the Planning Commission Meeting
»>e Prepared: May 5, 2004
Staff Contact: Mark R. Cheran, Planner
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: 06/02/04 Pending
Board of Supervisors: 06/23/04 Pending
LOCATION: This subject property is located at 2680 Northwestern Pike (Route 50 W).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER(s): 52-A-56
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Residential, Country Store, and Vacant
PROPOSED USE: Cottage Occupation - Real Estate Brokerage
REVIEW EVALUATIONS:
Virginia Department 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. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards.
CUP 909-04
James A. and Barbara V. Bayliss
May 5, 2004
Page 2
Frederick County Fire Marshall: No significant increase in fire department response.
Health Department: Health Department has no objection to request.
Frederick County Inspections: Area of the building utilized shall comply with The Virginia
Uniform Statewide Building Code and section, 304, use group B (Business), of the International
Building Code/2000. Other Code that applies is CABO Al 17.1-98 Accessible and Usable Buildings
and Facilities. Please submit a floor plan of the area at the time of change of use building permit
application for review. Permit shall be issued, inspections approved and new certificate of
occupancy issued prior to operation.
Planning and Zoning: This proposed application is in response to a zoning complaint that staff
received. The applicant was cited for operating a cottage occupation without obtaining a Conditional
Use Permit (CUP). The Frederick County Zoning Ordinance allows cottage occupations in the RA
(Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use
would occur at the applicant's residence. There will be no large scale real estate sales activity located
on site. The customer base is managed over the telephone and computer, with no more than five (5)
customers at any one time on site. There will be no employees associated with this proposed use,
other than those residing in the dwelling. Based on the limited scale of this proposed use and
evaluation of the property, it appears that this use would not have any significant impacts on the
adjoining properties.
STAFF CONCLUSIONS FOR THE 06-02-04 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. No more than five (5) customers at any one time on site.
3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not
exceed four (4) square feet in size.
4. Any expansion or modification shall require approval of a new Conditional Use Permit.
11 CUP # 09 - 04 // James & Barbara Bayliss 11
52 A 67
MILLER
52 A 63
SILVER LAKE LLC
-------- --
52 A 55
e
52 A 63
SILVER LAKE LLC
MAP FEATURES
Primary Roads
Secondary Roads
Tertiary Roads
Parcel Lines
Qty / Town Bounday
CUP#09-D4
5025 0 50 100 150
Feet
Created by Frederick County Department
of Planning & Development N
This map is for general reference
and is riot to be construed as accurate.
Locate actual property documents on
File with the Frederick County Clerk's Office. 5
I CUP # 09 - 04 // James & Barbara Bayliss I
MAP FEATURES
�1t Primary Roads
Secondary Roads
Terciary Roads
City / Town Bounday
C U P#09-04
5025 0 50 100 150
Feet
Created by Frederick County Department
of Planning & Development N
This map is for general reference
and is not to be construed as accurate.
a
Locate actual property documents on
file with the Frederick County Clerks office. s
41G►� COG Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT �
FREDERICK COUNTY, VIRGINIA
I. Applicant (The applicant if the x
owner other)
NAME: James A. & Barbara V. Bayliss
ADDRESS: 2680 Northwestern Pike, Winchester, Virginia 22603
TELEPHONE 540-667-3983 Home 540-662-9216 Office
2. Please list all owners, occupants, or parties in interest of
the property:
James A. Bayliss
Barbara V. Bayliss
3. The property is located at. (please give exact
include the route number of Your road or street) ctions and
2 miles west of Winchester on Route 50 west on the north side of Route
o ert address is 2680 Northwestern Pike, Winchester, VA 22603. Property
address Ja on mailbox.
4. The property has a road frontage of 3.'
depth of 2.s3, yy feet and consists feet and a
(Please be Exact) —�acres.
5. The property is owned by James A.& Barbara V. Bayliss
evidenced by deed from Dona ay as
recorded
in deed book no. �3% on (previous owner)
records of the Clerk of the Ci cuit Cour recorded in the
Frederick. t, County of
6• Tax (Parcel) Identification (I.D. )No.
Magisterial District
Current Zoning
7. Adjoining Property:
USE
North Orchard
East Country grocery store
South Residences
West Residences & Country
n ZONING
f1C/:; C czL %cc�.L"
store p
C L ,S i � � NCL -S � /✓0.S',,vESS
8. The type of use proposed is (consult with the P1 renin
t.
before completing) Cottage industry consisting of a sma?l general Areal
estate brokerage consisting of the owners an perhaps one em r date,
9. It is proposed that the following buildings will be
constructed: A
10. 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.) These people will be notified by mail of this
application:
q r l—e 26 ?c AN 0 1�- %/d /I/ &:z,
NAME 1�' r i� t C( 2 ADDRESS to i i„ G& .-:, S 7 2 (/,4 .3
PROPERTY ID# S3 s"
NAME 4 ;,. Ae�
f L A 1��
�� ADDRESS
PROPERTY IDf__ko
413
NAME C �c' . .:a ADDRESS
PROPERTY ID#__.,_
NAME 06'�A-'L .__ ADDRESS
PROPERTY ID# :52
!)% /^)
NAME C �.hn��G
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
1/:3 .S"- 1J',4
cjv
3 z cel
:Z. Cu. ! %V u t - % H t-' 7a; %ins .[
%/ v"V �, -% /�w._"�'lcn,�, r7.•/fit"
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ll. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines.
97 Add' This small business would generate on
z- onal comments, if any:
an average of 2-5 customers per day that would rive to e p
the business conducted would be by phone or the iriteYne
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address 680 Northwestern Pike, Winchester, VA 22603
Owners' Telephone No. 0-667-3983 Home
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
s
1G� ` CSG
CONDITIONAL USE PERMIT #10-04
CHARLES D. BROWN
Staff Report for the Planning Commission Meeting
RGIN/
Prepared: May 17, 2004
Staff Contact: Mark R. Cheran, 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: 06/02/04 Pending
Board of Supervisors: 07/14/04 Pending
LOCATION: This subject property is located at 161 McCarty Lane (Route 50 East).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER(s): 65-3-8
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Residential
PROPOSED USE: Motel/Bed and Breakfast
REVIEW EVALUATIONS:
Virginia. Department 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. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards.
Frederick County Fire Marshall: Emergency vehicle access is required by providing a vehicle
clearance of 13.5 feet for the entire width of the roadway leading to the structure. A designated
CUP #10-04 - Charles D. Brown
May 17, 2004
Page 2
parking area must be established in order to allow emergency vehicles uninhibited access around the
circular drive. Applicant has met the assigned requirements of horizontal and vertical clearances and
identified the parking spaces with signage. Plan approval recommended.
Health Department: No objections. Facility in excellent condition at time of most recent
inspection. Sewage disposal system appears to be functioning properly at this time.
Frederick County Inspections: No change of use permit or comment required provided the
occupant load does not exceed five in an existing dwelling.
Planning and Zoning: This proposed application is in response to a zoning complaint that staff
received.
The applicant was cited for operating a motel/bed and breakfast use without an approved Conditional
Use Permit. Obtaining an approved Conditional Use Permit is an available option to resolve this
zoning violation. The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural
Areas) Zoning District with an approved Conditional Use Permit (CUP).
This proposed use will take place on five (5) acres of land with the nearest buildings or dwellings
being fifty (50) feet from this proposed use. The applicant also proposes to have outdoor events at
this site, such as weddings and other outdoor events. These events shall be small in nature with no
more than twenty-five (25) people at any one (1) event. Staff would recommend any events larger
than twenty-five (25) people would require a site plan and a new Conditional Use Permit. There will
be no employees associated with this proposed use, other than those residing in the dwelling. Based
on the limited scale of this proposed use and evaluation of the property, it appears that this use would
not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 06-02-04 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. No more than five (5) guests allowed.
3. No more than twenty-five(25) people per any one (1) event under this Conditional Use Permit.
4. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not
exceed four (4) square feet in size.
5. Any expansion or modification shall require approval of a new Conditional Use Permit with a site
plan.
CUP # 10 - 04 // Charles D. Brown
MCCARTY
65 A 149
IT
65 A 150
GAR13FR
Map Features
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
Cup#10-04
150 75 0 150
i i I
Feet
Created by Frederick County Department N
of Planning& Development
This map is forgenerall reference
and is not to be construed as accurate.
Locateactual property documents on
file with the Frederick County Clerks Office.
65-3-8
V
z'Dh
Iv
r,. 4.
�- fps T
R c.. !. � � �J•:s�yy1Lk � J r
I��` rk •"f4 Y!�j ���y,: ?Z �*f U� >� - �5 � jri J .
.•:� I�J y - J�. ap �Y
�) C
1
t �, >r 4• � .. �,� a .- �c' �, � r - � -�
��� 41 Y �;1 � �i •, �"�7,�, ' Y h"a �'[l� a' �.J . E:: d 4���. # �, � �, . . R.- �a
r, �
TI dT vltC � ,'{`K �� 7v
41
m
cK �oG� Submittal Deadline 7 r/
P/C Meeting 6
BOS Meeting
„. APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
X. Applicant
NAME:
ADDRESS:
TELEPHONE
(The applicant if the
owner other)
2. Please list all owners, Occupants, or parties in interest of
the property:
e",
3. The property is located at: (please give exact directions and
include the route number of your road or street)
—,
n
L k rye
4. The propet has a road frontage of -�.tyr feet and a
depth of 5a� '— fit " feet and consists of
(Please be axact) !i__` acres.
5. The property is owned by
evidenced by deed from O'+-�rQ U- %) as
_ recorded
in deed book no. °j� (previo owner)
records of the Clerk of thea Ciruit c as recorded in the
Frederick. Court, County of
6. Tax(Parcel) Identification (I.D. )No.,`r�
Magisterial District -
Current Zoning
7. Adjoining Property:
North
USE ZO ING
=
East
South
West
8. The type of use proposed isnsult with the Planning Dept.
before completing) / ()-Ie/ yf�E 2) r��a►c�
9. It is proposed that -the following buildings will be
constructed:
10. 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.) These people will be notified by mail of this
application:
NAME 7121 PLM , SAMUE-L, T ADDRESS I $q 1 iCCARrr Lt -J
PROPERTY ID#6'S- 3-1
NAME n? 'USEpN F UTA ADDRESS
PROPERTY ID# (0
NAME ITEAQSoN, lomm T3 ADDRESS
PROPERTY ID#7j-
NAME B3ecHAH, 01C FWR D t- ¢? W r: ADDRESS
PROPERTY IDI 6 5-3-Z5
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
NAME ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
141 MccA2r e Lii
2 X121 w i LLWCXor0 FJ J<p-
200 M CC A , i LIQ)
ZZ. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines.
c v—,KrGIC 7 vhf. T Fvw
(VA. M. 723) 60' R/W CONCRETE ENCROACHES
S 5710'00" E 464.28'
J
1 9' oNTo Row
CONCRETE CONCRETE SPRING STRUCTURE 0.1' (FOUND)
MONUMENT (NOT TO SCALE)
(FOUND)
SMALL
STREAM
1
�
\ ADDRESS:
I
161 McCARTY LANE
-f- pr p poS e d Ga r�9
2 STORY
All
GRAVEL DWELLINGDRIVEWAY,�
o
(yl
DECK
q W \p3 e
(DECK
PRIVACY FENCE ENCROACHES\ ` WELL
\
SPECIFIED DISTANCES \ \p3' \ ~
(UP TO 12.6')GRAVELI
\1
I UTILITY
POLE
/DRIVEWl '
AY
\�0.7'6 1 i
5S/ \1\
///
GRAVEL PARKING AREA p� \\\
OVERHEAD
ENCROACHES SPECIFIED \ n
DISTANCES
UTILITIES
� I
478.41' +- TO
MILLWOOD PIKE
UTILITY
PEDESTAL
REQ 48'09'50" W 199.98'
THIS IS TO CERTIFY THAT ON FEBRUARY 18, 1998,
I MADE AN ACCURATE SURVEY OF THE PREMISES LAAl�
SHOWN HEREON AND THAT THERE ARE NO 60'EASEMENT
EASEMENTS OR ENCROACHMENTS VISIBLE ON THE
GROUND OTHER THAN THOSE SHOWN HEREON. pAIWEL
TITLE REPORT NOT FURNISHED. THIS SURVEY 6
IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED
BY A FULL AND ACCURATE TITLE SEARCH.
NOLO LOCAVON 5L. Y Or- THE�
WOMM CONVr:W rO
CNAQ,ES b, dl;�OWN &
SNF -,ILA 6, 6?.OWN
P)wCNL 8,
121VI51ON OF TNF- W,L-, WCAP"IY LAW
PP 562, F6 443 TM #* 6 5 --5-8
SCA -r : I" — IOD' PATr: r -V 18, 1998
SMAVA,ZE� P151VIC1", r-MMPICK COLk fY, VIRGINIA
,T$ O
MICHAEL M. ARTZ
No. 1951
�`ex�� SL7R��.►�"
Ebert and Associates
in H baw" Hawiim Awociat!& btd. C9e
LNO Momm rc missies
uwo R�
M W. e050%B( SIAM
ITER. W 22601-4740
TEL SW -R67-13 FAIT 540-667-91E6
_--. TOLL FREE 1-600-755-7M
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant �C-� /
Signature of Owner
e
Owners' Mailing Address
Owners' Telephone No. -6'
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
2 6a?-
•
i
REZONING APPLICATION #06-04
RUTHERFORD, LLC
Staff Report for the Planning Commission Meeting
Prepared: May 19, 2004
Staff Contact: Christopher Mohn, AICP, Deputy Planning Director
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 06/02/04 Pending
Board of Supervisors: 07/14/04 Pending
PROPOSAL: To rezone a total of 13.4 acres from the RA (Rural Areas), B2 (Business General), B3
(Industrial Transition), and M1 (Light Industrial) Districts to B2 (Business General) and B3 (Industrial
Transition) Districts. This application seeks to reconfigure the zoning districts applicable to 12.65 acres ofthe
154.4 acre Rutherford Farm Industrial Park site, which was originally zoned fora mix of commercial and
industrial land uses via approval of Rezoning Application 407-01. Moreover, this petition proposes that an
adjoining 0.75 acre parcel be rezoned to the B2 District for ultimate inclusion in the Rutherford Farm project.
LOCATION: The subject acreage is located within the northeast quadrant of the Interstate 81 interchange
area, which is north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate
81.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER(S):43-A-96, 43-A-97, 43-A-98, 43 -A -99,43-A- 100, 43-A-101, 43-A-111
PROPERTY ZONING: RA (Rural Areas), B2 (Business General), B3 (Industrial Transition), MI (Light
Industrial), and IA (Interstate Area Overlay)
PRESENT USE: Unimproved and Residential
ADJOINING PROPERTY_ ZONING & PRESENT USE:
North: RA (Rural Areas), M2 (Industrial General); Nursery/Agricultural, Industrial
South: RP (Residential Performance), RA (Rural Areas); Residential, Commercial
East: RP (Residential Performance), RA (Rural Areas); Residential, Agricultural
West: B2 (Business General), B3 (Industrial Transition), M1 (Light Industrial); Unimproved
REZ #06-04 Rutherford, LLC
Page 2
May 19, 2004
PROPOSED USE: Commercial and industrial land uses.
REVIEW AGENCY EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property appears
to have significant impact on Route 11. Route 11 is the VDOT roadway which has been considered as the
access to the property referenced. VDOT is satisfied that the transportation proffers offered in the
Rutherford's Farm Industrial Park rezoning application dated April 5, 2004 address transportation concerns
associated with this request. Before development, this office will require a complete set of construction plans
detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual,
Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-
way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed
on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
Frederick -Winchester Service Authority: No. comment.
County En ig neer: We do not have any comments regarding the changes in zoning.
Sanitation Authority: No comment.
Frederick County Attorney: No changes in proffers from previous application. Only changes are acreage
and property owner name. No legal issues.
Planning & Zoning:
1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle)
depicts the zoning for the seven parcels comprising the proposed rezoning as R-3 (Residential -
General). Parcels 43 -A -96,43 -A -98,43 -A -99,43-A-101, 43-A-111, and 43-A-97 (portion) were
remapped to the A-2 (Agricultural, General) District via the countywide downzoning adopted on
October 8,1980. The County's agricultural zoning districts were combined to form the RA (Rural
Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May
10, 1989. The corresponding revision ofthe zoning map resulted in the re -mapping ofthe subject
properties and all other A-1 and A-2 zoned land to the RA District.
Parcels 43-A-97 (portion) and 43-A-100 remained R-3 due to exclusion from the countywide
dowrnzoning. The county's multiple residential districts were consolidated to form the RP (Residential
Performance) District upon adoption of an amendment to the Frederick County Zoning Ordinance
on February 14, 1990. The corresponding revision to the zoning map resulted in the re -mapping of
the subject properties and all other R-3 zoned land to the RP District.
REZ #06-04 Rutherford, LLC
Page 3
May 19, 2004
On April 22, 2002, the Board of Supervisors approved rezoning application #07-01 of Rutherford's Farm
Industrial Park. Through this action, parcels 43 -A -96,43 -A -97,43 -A -98,43 -A -99,43-A- 100, and 43-A-
111 were rezoned to the M 1(Light Industrial), B3 (Industrial Transition) and B2 (Business General) Districts,
respectively. Specifically, 116.7 acres were zoned Ml; 14.5 acres were zoned B3; and 23.2 acres were
zoned B2, with the entire 154.4 acre tract included in the IA (Interstate Overlay) District.
2) Comprehensive Policy Plan:
The Frederick County Comprehensive Policy Plan is an official public document that serves as the
community's guide for making decisions regarding development, preservation, public facilities and
other key components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition ofpolicies used to plan for
the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1)
Land Use:
The subject parcels are located wholly within the county's Sewer and Water Service Area (SWSA)
and are included within the boundaries of the Northeast Land Use Plan (NELUP). The NELUP
designates the project site for industrial and business land uses, respectively, and further applies the
Developmentally Sensitive Area (DSA) designation along the site's Martinsburg Pike frontage.
(Comprehensive Policy Plan, p. 6-38)
Transportation:
The NELUP identifies a planned major collector road traversing the subject site. This roadway is
envisioned to intersect with Martinsburg Pike (Route 11 North) and travel in a westerly direction
toward Interstate 81, and then angle toward the north site boundary. The applicant proffered to
construct this planned roadway through the original rezoning for this site, and has included the same
set of proffers with this application. (Comprehensive Policy Plan, p. 6-38)
Staff Comment: The proposed rezoning is consistent with applicable land use policies of the
Comprehensive Policy Plan. Moreover, the transportation improvements proffered with this
application are identical to those approved with the original rezoning for the site, which will result in
the implementation of applicable transportation provisions of the NELUP.
3) Site Suitability:
No conditions exist on the subject site that would preclude or significantly limit development.
However, the properties include areas of floodplain and wetlands, the locations of which are
coincident with Hiatt Run, a perennial stream that traverses the northern portion of the site.
REZ #06-04 Rutherford, LLC
Page 4
May 19, 2004
The General Soil Map ofthe Soil Survey ofFrederick County, Vir iinia indicates that the soils comprising the
subject parcels fall predominantly under the Oaklet-Carbo-Chilhowie soil association. The constituent soils
are well -drained and contribute to moderately sloping terrain. The southern portion of the property contains
rock outcrops. It is noted that the Oaklet-Carbo-Chilhowie soil association presents some limitations to site
development due to slow permeability and clayey subsoil. The management of such characteristics must be
demonstrated through the site engineering process associated with subsequent development applications for
the proposed project.
4) Potential Impacts
A. Transportation: Traffic impacts for the original Rutherford's Farm Industrial Park rezoning
application were projected based upon the maximum commercial and industrial floor area
proffered for the project of 1,400,000 square feet. This development program was
projected to generate 9,744 average daily trips (ADT), which was to be absorbed by an
external road network consisting of Martinsburg Pike (Route 11 North) and Interstate 81
via the Exit 317 interchange.
The traffic impact analysis (TIA) for the original rezoning concluded that the transportation
improvements proffered by the applicant would ensure Level of Service "C" conditions on
all roads serving the project. Such improvements included: (1) extension of the multi -lane
system for Martinsburg Pike to the northernmost project entrance, (2) installation of left and
right turn lanes and pavement transitions at the intersection of Martinsburg Pike and new
major collector roadway, (3) interchange ramp improvements, (4) installation ofmultiple
traffic signals, and (5) construction of a new major collector road within the project as
depicted in the NELUP. A Public Improvement Plan detailing these improvements has been
approved by VDOT.
The proposed reconfiguration of existing zoning district boundaries applicable to the site and
the addition of the adjacent parcel will result in the reduction of 12.5 8 acres of M 1 zoned
land and an increase in B2 and B3 zoned land by 5.44 acres and 7.95 acres, respectively.
The traffic analysis for this application was therefore focused on the impact of this increase
in commercially zoned land. To facilitate this analysis, the applicant conducted a study of
commercial development intensities in Frederick County and the City of Winchester, and
determined that the commercial land within the project would likely develop at a Floor Area
Ratio (FAR) of 0.20. Applying this FAR to the expanded commercial acreage, the
additional floor area estimated through this proposal would be as follows:
0 B2 - 47,393 square feet
REZ #06-04 Rutherford, LLC
Page 5
May 19, 2004
B3 - 69,260 square feet
Using traffic generation figures from the I.T.E. Trip Generation Manual 7th Edition, the
applicant projects traffic impacts for the additional commercial development in terms of a
single transportation phase. For the purposes of this analysis, 2010 represents the year in
which project build out will occur. The TIA indicates that at project build out, and coupled
with the reduction in industrial area and the corresponding decrease in overall industrial trips
from the site, the expanded commercial area will result in a net increase in traffic generated
by the project of 2,368 ADT.
The transportation improvements proffered with the original rezoning are also included with
this application, and will be triggered by the initial series of site plan approvals for the project,
regardless of whether such approvals are for industrial or commercial development. As
noted previously in this report, such improvements were reported to achieve Level of Service
"C" conditions on the road network serving Rutherford's Farm Industrial Park. The analysis
provided by the applicant indicates that the proffered transportation improvement program
will be adequate to mitigate any additional traffic impacts generated by the proposed increase
in commercial area within the project.
VDOT Comment: The documentation within the application to rezone this property
appears to have significant impact on Route 11. Route 11 is the VDOT roadway which has
been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the Rutherford's Farm Industrial Park rezoning qp lication
dated April 5, 2004 address transportation concerns associated with this request
B. Historic Resources: The applicant has provided information which identifies Rutherford's
Farm (VA Historic Landmark Commission File # 10082 34-727) as an Historical Landmark.
However, all that remains ofthe house is a set of concrete steps that lead from Route 11 to
the site ofthe house. There is an historical marker south ofthe site on Route 11 identifying
this resource.
One archeological site is noted by the Virginia Department of Historic Resources. Itis a
raised berm allowing access to the opposite side of the rail line. However, it is abandoned
and no longer in use. This site does not exhibit features that suggest eligibility for National
Register consideration. The subj ect properties are partially located within the limits ofthe
Second Battle of Winchester study area, and are also within the Battle of Rutherford's Farm
study area.
The applicant has proffered to establish a Civil War interpretive site pull-offalong Route 11,
REZ #06-04 Rutherford, LLC
Page 6
May 19, 2004
in the general area where the existing historical marker is located. This site will offer an
opportunity for interpretation of Second Winchester, the Battle of Rutherford's Farm, and
the Rutherford Farm operation. The HRAB will review the
information that will be placed on the proposed interpretative markers. It will be imperative
ofthe applicant to design the pull -off area so as to not further detract from the interpretive
site. The applicant has also proffered to establish and maintain the proposed interpretive site.
Sta Comment: It is noted that the Historic Resources Advisory Board (HRAB) did not
provide comment concerning this rezoning proposal as formal comments were offered for
the original rezoning ofthe site. These comments were provided on two occasions dated
July 19, 2001 and March 22, 2002, respectively. The recommendations ofthe HRAB were
largely accommodated by the applicant through the proffers ofthe original rezoning, which,
as noted previously in this report, are identical to the proffers provided with this application.
An additional review by the HRAB was therefore not required for the processing of this
application.
C. Sewer and Water: The original rezoning for this site projected that sewage generated by
the industrial park would consist of 77,200 gpd. Although the total development potential
remains limited by proffer to 1,400,000 square feet, the potential for additional commercial
uses enabled by this rezoning would increase sewage output by 400 gpd, yielding a total
project impact of 77,600 gpd. All of the sewage originating from the project will be
conveyed to the Opequon Wastewater Treatment Facility for treatment.
The original rezoning for this site proj ected that water demand for the industrial park would
total 154,400 gpd. An increased water demand of 800 aDd is projected for the additional
commercial uses enabled by this rezoning, yielding a total project demand of 155,200 gpd.
The water source for this project is the Global Chemstone Quarry, wherein the FCSA has
located anew water treatment plant. Water will be conveyed to the site via an existing 20 -
inch water transmission line.
5) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. As noted previously in this report, the
content ofthe proffer statement provided with this application is identical to that ofthe original rezoning
for the site (#07-01). The following list is a summary ofthe conditions voluntarily proffered by the
applicant:
Establish a maximum building square footage of 1,400,000 square feet for the entire 155.2 acre site.
Prohibit the establishment of truck stop use(s) on the entire site.
REZ #06-04 Rutherford, LLC
Page 7
May 19, 2004
• Installation of a traffic signal at the site's main entrance (Route 11 and the planned Maj or Collector
Road, as illustrated in the Comprehensive Policy Plan - NELUP).
• Installation of a traffic signal at the southbound ramps of the I-81 Exit 317 interchange.
• Dedication of the necessary right-of-way for the I-81 improvement project.
• Construction of intersection improvements at the two proposed entrances. The improvements will be
constructed as necessary to serve the first site plan in the Rutherford project. The improvements in
their entirety will be constructed prior to the approval of a second site plan in the Rutherford project.
• Construction of the planned major collector road as it transverses the site.
• Construction of a third southbound lane along Route 11. The improvements will be constructed as
necessary to serve the first site plan in the Rutherford project. The improvements in their entirety will
be constructed prior to the approval of a second site plan in the Rutherford project.
• Establishment of an interpretative area and pull-offalong Route 11 for historical interpretation of the
Second Battle of Winchester, the Battle of Rutherford's Farm, and the Rutherford's Farm historic site.
• Establishment of a 15 -foot transitional landscape buffer along Route 11, extending the length ofthe
site. Ground cover, trees, and an earthen berm of 2-3 feet in height would be provided within the
transitional buffer.
• Establishment of a maximum height of 12 -foot for all freestanding business signs/monument signs in
the M1 Zoning District.
• Limitation on the total number of IA (Interstate Area Overlay) signs to three within the subject site.
• Establishment of recycling program to ensure appropriate waste reduction, disposal, and recycling of
any waste or byproduct material. Such programs must be approved by the County prior to issuance
of certificate of occupancies.
• Monetary contribution of $10,000 to the county to be utilized for fire and rescue services.
STAFF CONCLUSIONS FOR 06/02/04 PLANNING COMMISSION MEETING:
This application is a request to rezone 13.4 acres from the RA, B2, B3, and M 1 Districts to the B2 and B3
Districts as a means of reconfiguring the zoning districts applicable to 12.65 acres of the 154.4 acre
Rutherford Farm Industrial Park site, while also providing for the addition of an adjoining 0.75 acre parcel to
REZ 906-04 Rutherford, LLC
Page 8
May 19, 2004
the proj ect. The proposed rezoning will result in the nominal expansion ofRutherford's Farm Industrial Park
to 155.21 acres, with the site consisting of 104.12 acres of M 1 zoned land, 22.45 acres of B3 zoned land,
and 28.64 acres of B2 zoned land. The Comprehensive Policy Plan articulates the planned land use ofthe
subject parcels through the policies ofthe Northeast Land Use Plan (NELUP). The NELUP designates the
subject parcels for industrial and business land uses, respectively. As described in this staff report, the
development program proposed through the requested rezoning is consistent with the adopted policies ofthe
Comprehensive Policy Plan.
Following the requirement for a public hearing, a recommendation
by the Planning Commission to the Board of Supervisors
concerning this rezoning application would be appropriate.
OUTPUT MODULE
APPLICANT: PIN 43-A-96,97,98,99,100,111 Net Fiscal Impact
LAND USE TYPE business/industr Costs of Impact Credit: INPUT MODULE Credits to We—Take
Total Potential
Adjustment For
REAL EST VAL $127,780,934 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/
FIRE & RESCUE 1 Capital Faciltiies
Tax Credits
Revenue-
Net Capital Net Cost Per
col sum only) Oper Cap Equip Expend/Debt S Taxes. Other
(Unadjusted)
Cost Balance Facilities
Impact Dwelling Unit
Fire and Rescue Department $730,362
$0
$0
$730,362 ERR
Elementary Schools $0
Middle Schools $0 $0 $0
$0
$0
$0 ERR
High Schools $0
Parks and Recreation $0 $0
$0
$0
_ $0 ERR
Public Library $0 $0
Sheriffs Offices $0 $40,352 $0 $0
$0
$40,352
$0
$40,352
$0 ERR
$0
Administration Building $0 $0
$0
$0
ERR
$0 ERR
Other Miscellaneous Facilities $0 $467,822 $94,139
$561,961
$561,961
$0 ERR
SUBTOTAL $730,362 $508,174 $94,139 $0
$602,313
$602,313
$128,049 ERR
LESS: NET FISCAL IMPACT $32,184,482
$32,184,482
$32,184,482($32,184,482)ERR
NET CAP. FACILITIES IMPACT0
ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0
Rev -Cost Bal =
1.000
PLANNING DEPT PREFERENCES 1.0 1.0
--------- — — — ---_—_ -
Ratio to Co Avg =
1.433
-- _------
METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one-time taxes/fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest
if the projects are debt financed.
NOTES: Model Run Date 10/15/01 ERL
P.I.N. 43-A-96,97,98,99,100,111 Rezoning: Assumes 155 acres zoned B2, B3, M1 utilizing a maximum of 1,400,000 square feet
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
THIS MODEL IS FOR REZONING #07-01
AND IS THE ORIGINAL MODEL CREATED
REZ # 06 - 04 // Rutherford, LLC
o; s
RUTHERFORD, LLC
43 A 99
y
-�. 43 A 96 10
A 97 RUTHERFORD,
43 A Jit
43-A-98 RUTHERFORD, LLC
Rutherford, Ilc 43 A 89
i
0
i
i
i
i •c
i
i
Map Features
Railroads
/,\V-'
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
f
Rez#06-04
43-A-100
Rutherford, lic
660 330 0 660
Feet
Created by Frederick County Department
of Planning & Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on s
file with the Frederick County Clerk's Office.
Rutherford, Ile
REZ#06-04
REZ # 06 - 04 // Rutherford, LLC
-j r
1� 43-A-101 _
Rutherford, Ik;
1t CO 43-A 100
Rutherford, lic
Map Features
Railroads
Primary Roads
Secondary Roads
Terciary Roads
r
Parcel Lines
Rez#06-04
660 330 0 660
Feet �~
Created by Frederick County Department N
of Planning & Development
This map is for general reference A
and is not to be construed as accurate.
Locate actual property documents on s
file with the Frederick County Clerks Office-
Rutherford, Ile
REZ#06-04
N.
Proffer Statement
File 42795J/EAW
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
RUTHERFORD'S FARM INDUSTRIAL PARD
REZONING
Ta-- Parcels 43-A-96, 43-A-37, 43-A-989 43-A-999 43-A-100
43-A-101 & 43-A-111
Stonewall Magisterial District
Pre]imirury Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # u6-01/
for the rezoning of Tax Parcel 43-A-101, consisting of 0.75 acres, from RA, Rural Areas
District to B2, Business General District, and to reconfigure the current Ml, Light
Industrial District, B3, Industrial Transition District and B2, Business General District
zoning boundaries for the remainder of the acreage to establish the following:
Zoning Districts
• 104.12 acres of Ml, Light Industrial District
• 22.45 acres of B3, Industrial Transition District
• 28.64 acres of B2, Business General District
Overlay District
• 155.21 acres of IA, Interstate Area Overlay District
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property is comprised of several Tax Parcels, and is more particularly
described as the lands owned by Rutherford, LLC being all or part of Tax Map Parcels
43-A-96, 43 -A -97,43-A-98, 43-A-99, 43-A-100, 43-A-101 and 43-A-111.
A.) Maximum Building Structure Square Feet
The applicants hereby proffer to limit the total building structures to 1,400,000 square
feet for the entire 15 5.2 1 acres.
1
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
B.) Prohibited Uses
The following uses shall not be permitted on the proposed Industrial Park:
Description Sic
Truck Stop 5541
(Excluding Truck Stops, all other uses within SIC Code 5541 are hereby
acceptable and included)
C.) Transportation
l.) Traffic Signalization
a.) A traffic signal will be installed by the applicants when warranted by the
Virginia Department of Transportation at the intersection of the proposed
Industrial Park entrance and the unnamed Comprehensive Plan collector road
in the configuration and design as approved by VDOT. The applicants shall
enter into and execute a signaliz tion agreement prior to the first site plan
approval of said Industrial Park.
b.) A traffic signal will be installed by the applicants when warranted by VDOT
at the southbound ramps of the 317 interchange and U.S. Route 11 in the
configuration and design as approved by VDOT. The applicants shall enter
into and execute a signalization agreement prior to the first site plan approval
of said Industrial Park.
2.) Intersection Improvements
Intersection improvements at the proposed two entrances will be installed and
paid for by the applicants. The existing multi -lane system on U.S. Route 11 will
be extended north to the intersection of the proposed County Comprehensive Plan
Collector Road. All left and right turn lanes and pavement transitions north and
south of proposed County Comprehensive Plan Collector Road on U.S. Route 11
will be installed and paid for by the applicants. The improvements shall be
completed within one year of the first site plan approval and prior to the second
site plan approval for the Rutherford's Farm Industrial Park. If all or part of the
intersection improvements are required for the first site plan of the Rutherford's .
Farm Industrial Park, they shall be made part of and constructed with this first site
plan.
Greenway Engnt�Cring April 5, 2004 Rutherford, LLC Rezoning
3.) Right of Way Dedication
a.) The applicants hereby agree to dedicate right of way to the Commonwealth of
Virginia along U.S. Route 11 adjacent to the property as determined by
VDOT. This right of way dedication shall be recorded prior to the approval of
the U.S. Route 11 construction plans prepared for the Rutherford's Farm
Industrial Park as noted in Proffer C2 (Intersection Improvements) and Proffer
C5 (Route 11 and Northbound I-81 Ramp Improvements).
b.) The applicants hereby agrees to dedicate right of way to the Commonwealth
of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study
VDOT Project No. 0081 -968 -FII, PE -100 MP 305 to West Virginia State
Line Frederick County, dated November 1998 (specifically noted on Sheet 24
of said study). The right of way dedication shall be recorded prior to the
master development plan approval for Rutherford's Farm Industrial Park.
4.) Comprehensive Plan Road Construction
The applicants hereby agrees to coordinate, set aside right of way, and construct
the portion of the major collector road traversing on the land herein to be rezoned
and developed and as outlined in the Frederick County Comprehensive Plan
Northeast Land Use Study adopted by the Frederick County Board of Supervisors
on September 27, 2000.
Said collector road will be incorporated in and constructed with each site plan
submission that is adjacent to or part of the site plan.
5.) Route 11 and Northbound I-81 Ramp Improvements
The applicants will construct a third southbound lane on US Route 11 from the
northern most entrance of the applicants' property to the northbound I-81 ramp of
Exit 317. These improvements will include a 12' wide lane of approximately 600
linear feet in length to serve as a continuous right turn lane for the northbound
entrance ramp of the Exit 317 interchange. Additionally, the applicants will
construct turning radius improvements at the entrance ramp to ensure a smooth
transition. The improvements shall be completed within one year of the first site
plan approval and prior to the second site plan approval for the Rutherford's Farm
Industrial Park. If all or part of the intersection improvements are required for the
first site plan of the Rutherford's Farm Industrial Park, they shall be made part of
and constructed with this first site plan.
3
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
D.) Historic Resource
1.) Interpretative Signs
The applicants hereby proffer to provide an interpretive area in the location of the
old Rutherford's Farm House along U.S. Route 11 and more particularly at the
location of the old concrete steps that now remain. An easement of sufficient size
will be provided for a pull -off area and viewing. Three interpretative plaques will
be provided. They are as follows:
• The Second Battle of Winchester
• The Battle of Rutherford's Farm
• The Rutherford's Farm House
The interpretative plaques will contain language and pictures acceptable to the
Frederick County Historic Resources Advisory Board.
All work performed for the pull -off area will meet the minimum standards of
Virginia Department of Transportation and Frederick County Ordinances in
respect to Highway pull -off and safety. Ground maintenance of the interpretative
area will be performed by the Rutherford's Farm Industrial Park Association
under a separate continuous approved permit issued by VDOT.
2.) Landscaping
A transitional landscape buffer will be provided along U.S. Route 11 from
Interstate 81 traveling north to the Comprehensive Plan collector road and
transmission power line easement. This landscape easement will be 15' in width
and will consist of a low earthen mound of 2-3' in height with plantings of ground
covers, flowers, and grasses. Indigenous trees such as redbud, oaks, cedars, etc.
will be incorporated along said landscape easement in a cluster mass fashion to
provide a naturally planted look. The maintenance of said landscape buffer will be
the responsibility of the Rutherford's Farm Industrial Park Association and will be
installed with the first commercial development adjacent to said easement.
3.) Industrial Park Name
The applicant hereby proffers the naming of the Industrial Park to:
"Rutherford's Farm Industrial Park"
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
E.) Lighting
Building mounted lights and pole -mounted lights will be of a downcast nature and
shielded and directed away from adjacent properties surrounding the proposed
project. Lighting plans will be submitted as a separate attachment for review ar�d
approval by the Frederick County Plannirg Department prior to installation.
F.) Signage
1.) Within the Ml (Light Industrial) Zoning District, the applicants hereby proffer
that all freestanding business signs shall be monument -style not to exceed 12' in
height.
2.) Within the IA (Interstate Area Overlay) Zoning District, the applicants hereby
proffer to limit the total number of signs to three.
G.) Recycling Proffer
Recyclirg programs will be implemented with each Industrial Park user to ensure
appropriate waste reduction, disposal, and recycling of any waste or byproduct
material. This program will be reviewed and approved by the Frederick County
Recycling Coordinator prior to final occupancy permit.
H.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above-described property hereby voluntarily proffer
that in the event rezoning application # is approved, and the property is
subsequently developed within any of the B2, B3, and M1 zones, the undersigned will
pay to the Treasurer of Frederick County, Virginia the following amount:
$ 10.000 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid at the time of the first site plan
submission
I.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
5
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
Respectfully Submitted:
j
Y
utherford, LLC Date
Commonwealth of Virgini4 l
City/County of� To Wit:
The foregoing instrument was acknowledged before me this ` day of -fn a42
�, Q
tart' Public
My Commission Expires ���+ ,
■
Impact Analysis Statement
File #2795J/EAW
•
IMPACT STATEMENT
RUTHERFORD' S FARM INDUSTRIAL
Stonewall District
Frederick County, Virginia
TM 43-A-96, 43-A-979 43-A-989 43-A-999 43-A-100
43-A-101 & 43-A-1119
155.21 Acres
April 5, 2004
Current Owners: Rutherford, LLC
Contact Person: Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
RUTHERFORD"S FARM INDUSTRIAL PARK
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of 155.21 acres parcel owned by Rutherford, LLC. The subject
site is located on a natural boundary created by Interstate 81 on the western edge of the
tract. Norfolk Southern and the Winchester and Western Railroads have rail lines
paralleling Route 11 North. Rutherford, LLC proposes to rezoned Tax Map parcel 43-A-
101, consisting of 0.75 acres, from RA District to B2 District, and to reconfigure the
existing zoning boundaries of the B2 District, B3 District and M1 District within the
Rutherford's Farm Industrial Park to create an additional 4.7 acres of B2 District, and an
additional 7.9 acres of B3 District, while reducing the existing M1 District acreage by
12.6 acres. A series of Zoning and Rezoning Exhibits are incorporated, which depict the
existing and revised acreages, and are identified as Existing Zoning Plat — Exhibit A,
Rezoning Plat - Exhibit B and Overlapped Rezoning Plat - Exhibit C.
Basic information
Location:
Intersection of Interstate 81 and Route 11
Magisterial District:
Stonewall
Property ID Numbers:
43 -A -96,43 -A -97,43 -A -98,43 -A -99,43-A-100
43-A-101 & 43-A-111,
Current Zoning:
M1, B3, B2 and RA
Current Use:
Unimproved
Proposed Use:
Industrial Park and Business
Proposed Zoning:
B2 — 28.6 Acres
B3 — 22.5 Acres
MI — 104.1 Acres
Total rezoning area:
155.2 Acres
Proposed build -out 1.4 million sf (Based on 9000 sf per acre)
COMPREHENSIVE PLAN
The proposed site is being developed in conformance with the Comprehensive Plan,
Northeast Land Use Study adopted in 1996 and updated in 2000. With in the limits of the
study, the property will consist of commercial and industrial development.
2
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
1. Urban Development Area
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is
not required by this application.
A. SUITABILITY OF THE SITE
Access
The subject site, tax parcels 43-A-96, 43-A- 97, 43-A-98, 43-A-99, 43-A-100, 43-A-101
and 43-A-111 is located on a manmade boundary created by Interstate 81 on the western
edge of the tract and Martinsburg Pike (U.S. Route 11) to the east.
Martinsburg Pike enables vehicular traffic to quickly travel to the south onto Interstate 81
at Exit #317. A Public Improvement Plan has been prepared to reflect the proffered road
improvements plan that was approved during the original rezoning for the Rutherford's
Farm Industrial Park (Rezoning Application #07-01). This Public Improvements Plan
has been reviewed and approved by the Virginia Department of Transportation (VDOT).
The availability of rail through the north portion of the tract increases the opportunities of
transporting freight in and out of the area.
Flood Plains (Exhibit C)
The subject site is located on the FEMA NFIP map #510063-0105 -B. The majority of
the site is located as "Zone C", area outside the 100 -year flood plain. The area traversing
Hiatt Run is indicated "Zone A", 100 -year flood plain.
Wetlands
The soil types on the property are well -drained and predominantly moderately sloping
terrain. The southern portion of the property contains rock out crops. However, Hiatt
Run travels through the northern section of the tract, which is estimated to contain one-
tenth of an acre of wetland. The National Wetlands Inventory Map indicates this feature.
Any disturbance of this area will be in conformance with Army Corps of Engineers and
Department of Environmental Quality permitting procedures.
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
Gradual Slopes — 2-7 %
The site contains gradual slopes with well -drained soils draining into Hiatt Run.
Prime Agricultural Land Use
All of the aforementioned soils do not support crops without fertilization, liming, and soil
management. Portions of the property contain rock out crops however; all of the soils are
suitable for agricultural use such as hay, pastures, and orchards.
Soil Types
The following soil types contained in this tract have been obtained from the Soil Survey
of Fredrick County, published by the USDA Soil Conservation Service.
The subject site is located on map sheet number 24, and contains nine soil types:
6C -Carbo Oaklet — Silt Loam covers approx. 13 % of site
7C -Carbo Oaklet — Rock Out Crop covers approx. 15 % of site
1413 -Fredrick Poplimento — Loams covers approx. 25 % of site
1613 -Fredrick Poplimento — Loams, very rocky 2-7 percent slopes, covers approx. 4 % of site
16C -Fredrick Poplimento — Loams, very rocky 7-15 percent slopes, covers approx. 13% of site
17C -Fredrick Poplimento — Rock Out Crop, covers approx. 9 % of site
3213-Oaklet Silt Loam, covers approx. 16 % of site
5B -Carbo Silt Loam, covers approx. 4 % of site
34-Pagebrook Silt Loam < I% of site
B. SURROUNDING PROPERTIES
Adjoining propertyzoning oning and present use:
North: Zoned M2 (General Industrial) District
South: Zoned RP (Residential Performance) District
RA (Rural Area) District
East: Zoned RP (Residential Performance) District
RA (Rural Area) District
West: Zoned B-2 (Business, General) District
B-3 (Industrial Transition) District
M-1 (Light Industrial) District
M
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
C. TRANSPORTATION
1. Traffic
The traffic impact for the Rutherford's Farm Industrial Park was determined during the
rezoning process associated with Rezoning Application #07-01. The applicant proffered
a significant number of on-site and off-site transportation improvements, which were
approved by the Board of Supervisors. Subsequent to the approval of the proffered
transportation improvements, a Public Improvements Plan was prepared by Greenway
Engineering to design the required improvements to Martinsburg Pike. The Public
Improvements Plan has been through the review process and has been approved by
VDOT.
Greenway Engineering met with representatives from VDOT and Frederick County
Planning on February 26, 2004 to discuss the proposal to rezone the 0.75 -acre parcel and
reconfigure existing zoning boundary lines, resulting in the creation of an additional 5.4
acres of B2 District, and additional 7.9 acres of B3 District, and the elimination of 12.6
acres of M1 District. The purpose of this meeting was to determine if the increased
traffic associated with the addition of 13.4 acres of commercial land use was significant
enough to warrant a new traffic impact analysis (TIA) for the rezoning application. The
consensus of the group was that no traffic impact analysis would be required for a
rezoning application that only accounted for the 0.75 -acre parcel; however, VDOT and
Frederick County Planning would need to review additional information pertaining to the
13.4 acres of new commercial land use to determine the severity of the traffic impacts.
Greenway Engineering prepared a traffic impact analysis study, dated March 17, 2004,
which included projected FAR calculations for the increased commercial zoning, and
average daily traffic volumes for general office and shopping center land uses based on
the Institute of Transportation Engineers Trip Generation Manual 7th Edition. The results
of this analysis project an increase of the average daily traffic volumes by 2,368 trips.
This analysis was submitted to VDOT and the Frederick County Planning Department for
review. Greenway Engineering received confirmation from the Frederick County
Planning Department and VDOT that the projected increase in traffic volume associated
with the proposed zoning boundary modification was acceptable. Therefore, the on-site
and off-site improvements to Martinsburg Pike associated with the approved Public
Improvements Plan are anticipated to accommodate the projected impacts associated with
this rezoning proposal.
D. SEWAGE CONVEYANCE AND TREATMENT
The subject site is within the northeastern portion of the Sewer and Water Service Area
(SWSA). The maximum design usage for the subject site is determined by comparing the
current discharge of sewage within the developed acreage of Fort Collier Industrial Park
9
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
and Stonewall Industrial Park. Based on discharge patterns, the Frederick County
Sanitation Authority (FCSA) has determined that 500 gallons/day per acre quantity is
reasonable to consider for the sewer impact analysis for this commercial and industrial
site. The proposed zoning will add 77,600 gpd to the public sewage conveyance system
and the Opequon Waste Water Treatment plant, which currently has a treatment capacity
of 8.4 mgd..
Q=500 gallons/day/acre
Q=500 gpd x 155.2 acres
Q=77,600 gpd
Rezoning Application #07-01 projected an increase to the public sewage conveyance
system of 77,200 gpd, which was acceptable to the Frederick County Sanitation
Authority. The impacts associated with this rezoning proposal will add an additional 400
gpd to this conveyance and treatment system.
E. WATER SUPPLY
The maximum design consumption for the subject site is determined by comparing the
current use of water within the developed acreage of Fort Collier Industrial Park and
Stonewall Industrial Park. Based on existing water consumption patterns, FCSA has
determined that 1,000 gallons/day per acre quantity is reasonable to consider for the
water impact analysis for this commercial and industrial site. The water source for this
acreage is the Global Chemstone quarry, in which the FCSA has a new water treatment
plant and a 20 -inch water transmission line through the subject site.
Q=1000 gallons/day /acre
Q=1000gpd X 155.2 acres
Q=155,200 gpd
Rezoning Application #07-01 projected an increased water demand of 154,400 gpd,
which was acceptable to the Frederick County Sanitation Authority. The impacts
associated with this rezoning proposal will increase this demand by an additional 800gpd.
F. DRAINAGE
Currently the runoff from approximately 155.2 acres drains into fingers, natural streams,
and drainage ditches. These conveyances flow into Hiatt Run, which flows from the
northern boundary to the east and off site.
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
The following calculations estimate the proposed storm water runoff for a ten-year flow:
Existing;
C = 0.30 (pasture)
Iio =4.6 in/hr (15min)
A = 154.4 acres
Qio= 213 cfs
(Q = CIA)
Reference: VDOT Drainage Manual
Proposed
C = 0.90 (commercial)
Ii o = 5.5 in/hr (10 min)
A = 154.4 acres
Qio= 764 cfs
(Q = CIA)
Development of the subject site at maximum build -out will therefore result in an
increased runoff of 559 cfs. A detailed stormwater evaluation shall be included with any
site plan submittals. Detention ponds and other stormwater management facilities will be
built to control storm water discharge into the above referenced streams and Hiatt Run.
By controlling runoff of the site, the impact of developing the subject site on Hiatt Run
will be within acceptable limits.
Based on historical knowledge of this area, and in consultation with the Frederick County
Public Works Department, karst topography appears to be present at the western property
line adjacent to Interstate 81. Prior to master development plan preparation, an analysis
of the karst topography in relationship to surface drainage will be performed to protect
any further degradation that could be caused by surface drainage.
G. SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
business consumption of landfill volume figure of 5.4 cubic yards per 1,000 square feet
of commercial floor area (Civil Engineering Reference Manual, 4th edition). The
following figures show the increase in average annual volume based on the proffered
1,400,000 square feet of total building area on the subject site.
AV = 5.4 Cu. Yd. per 1,000 sq. ft.
AV = 5.4 Cu. Yd. x 1,400 (1,000 sq. ft.)
AV = 7,560 Cu Yd at build -out
The Municipal Solid Waste area of the Regional Landfill has a current capacity of
13,100,000 cubic yards (13.1 Million Cu. Yd.) This capacity is more than adequate to
accommodate the solid waste generated from this project. Furthermore, the proffer
statement provides for a recycling program to be coordinated with the County to reduce
the annual volume of solid waste disposal received by the Regional Landfill.
7
Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning
H. HISTORICAL SITES AND STRUCTURES
i. Virginia Historic Landmark Commission
The Rutherford's Farm File # 10082 34-727 is sited as a Historical Landmark. However,
all that remains of the house is a set of concrete steps that lead from Route 11 up to the
site of the house. There is a historical marker south of the site on Route 11. Landmark
records can be found on file at the Virginia Department of Historic Resources.
2. Virginia Department of Historic Resources and Archeological Sites
One archeological site is noted by the Virginia Department of Historic Resources. It is a
raised berm allowing access to opposite side of rail lines. However, it is abandoned and
no loner in use. This site does not exhibit features that suggest eligibility for National
Register consideration. Records can be found on file at the Virginia Department of
Historic Resources.
Conclusion of Historic Resource Advisory Board (HRAB) Meeting that was held on July
17, 2001, the Historic Resource Proffer D.1, D.2, and D.3 were a result of the HRAB
meeting. The Frederick County Planning Department determined that additional review
by the HRAB was not necessary
I. OTHER IMPACTS
Rutherford, LLC has not modified the Proffer Statement that was approved as a
component of Rezoning Application #07-01, with the exception of revising acreage and
zoning district totals. Therefore, the impacts associated with this rezoning proposal
should be adequately mitigated.
■
Traffic Impact Analysis Study
File #2795J/EAW
RUTHERFORD, LLC REZONING PROPOSAL
TRAFFIC IMPACT ANALYSIS STUDY
Stonewall Magisterial District
Frederick County, Virginia
March 17, 2004
Current Owners: RUTHERFORD, LLC
Contact Person: Evan Wyatt, AICP #0135028
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1971
Winchester, Virginia 22602
Telephone 540-662-4185
Engineers
FAX 540-722-9528
Surveyors
www.greenwayeng_corn
■ TO
Rutherford's Farm Rezoning Proposal
Traffic Impact Analysis Study
March 17, 2004
■ a
Summa
Greenway Engineering and Rutherford LLC met with VDOT representatives and
Frederick County Planning Department staff on February 26, 2004 to discuss a proposal
to rezone a 0.75 -acre parcel to B-2 District and to reapportion the current zoning
boundaries for the Rutherford's Farm Industrial Park to change 12.6 acres of M1 District
land to create 7.9 acres of B3 District land and 4.7 acres of B2 District land.
The purpose of this meeting was to determine if the increased traffic associated with the
addition of 13.4 acres of commercial land use was significant enough to warrant a new
traffic impact analysis (TTA) for the rezoning application. The consensus of the group
was that no traffic impact analysis would be required for a rezoning application that only
accounted for the 0.75 -acre parcel; however, VDOT and Frederick County Planning
would need to review additional information pertaining to the 13.4 acres of new
commercial land use to determine the severity of the traffic impacts. It was agreed that
VDOT would review the October 26, 2001 TIA that was prepared for the original
rezoning application to determine the approach agreed to for the analysis and that
Greenway Engineering would prepare floor -to -area (FAR) land use data to determine a
reasonable FAR calculation for this additional commercial acreage.
Greenway Engineering was contacted by VDOT on March 11, 2004 and was advised that
the approach agreed to for the TIA could not be determined as the VDOT traffic engineer
responsible for the Rutherford's Farm Industrial Park rezoning had retired. Therefore,
the base line data for the rezoning assumes a maximum of 1,400,000 square feet of
structural development to occur throughout a 154.4 -acre site, in which 116.7 acres are
zoned M-1, Light Industrial District, 23.2 acres are zoned B-2, General Business District
and 14.5 acres are zoned B-3, Industrial Transition District, The TIA utilized information
from the Institute of Traffic Engineers Trip Generation Manual (ITE) 6th Edition and
determined that the 1,400,000 square feet of commercial and industrial land use would
produce 9,744 ADT. A transportation proffer was approved, which provided for
significant improvements to Martinsburg Pike including additional travel lanes and turn
lanes to serve the 154.40acre site. A Public Improvements Plan (PIP) was engineered by
Greenway Engineering that was consistent with the proffered transportation
improvements. This PIP was approved by VDOT on February 17, 2004.
File 42795YEAW
Traffic Analysis Study
Recognizing that the 9,744 ADT reflects the 1,400,000 square feet of commercial and
industrial land use, it is important to determine the additional' commercial square footage
that could be expected to develop on the 13.4 acres of new commercial land area. In
determining the probable land use patterns for this site, it would be reasonable to assume
higher end traffic generators, which would include shopping centers on the additional B-2
District land area and offices on the additional B-3 District land area.
Greenway Engineering reviewed existing land uses within Frederick County and the City
of Winchester that meet the criteria for shopping center and office traffic generations.
These land uses account for medium size and large offices, shopping centers with
ancillary retail stores, big box retail and an indoor sports complex. These land uses
represent a reasonable sampling of higher traffic generators that could occur within the
commercially zoned portions of the project site. Greenway Engineering developed a
table that is included with this study that provides for the FAR associated with the
described land uses. The acreage and structural square footages were confirmed by the
Frederick County Real Estates Office and the City of Winchester Assessor's Office in
telephone conversations with Greenway Engineering. The results of this analysis
demonstrate an average FAR of 0.192; therefore, this study assumes a development
pattern that will yield a FAR of 0.2 for the 13.4 acres of new commercial development.
The addition of 13.4 acres of commercially zoned land on the subject site can be further
broken down to reflect the actual change associated with each zoning district. The
change associated wit the rezoning proposal results in the following:
• 5.44 acres of additional B-2 District land area
• 7.95 acres of additional B-3 District land area
• Reduction of 12.58 acres of M-1 District land area
An exhibit depicting the new zoning boundary limits is attached with this report. This
exhibit was prepared by Greenway Engineering in February 2004.
Greenway Engineering obtained traffic generation projections for the Institute of
Transportation Engineers Trip Generation Manual 7th Edition that is the current document
utilized by VDOT. The following land use codes and ADT was obtained from this
document:
• ITE 130 Industrial Park 6.96 ADT/1000 square feet on a weekday
• ITE 710 General Office Building 11.01 ADT/1000 square feet on a weekday
• ITE 820 Shopping Center 49.97 ADT/1000 square feet on a Saturday
File 42795J/EAW 2
Assuming the new commercial acreages and reduction of industrial acreage, the 0.20
FAR structural development potential and the ADT generations from the land uses
identified in the ITE 7ffi Edition Manual, the following provides for a reasonable
projection of new vehicle trips associated with the Rutherford, LLC rezoning proposal:
Additional Commercial Acreage
B-2 District Area: 5.44 acres x 0.20 FAR = 47,393 square feet
47,393/1000 = 47.39
47.39 x 49.97= 2,368 ADT
B-3 District Area: 7.95 acres x 0.20 FAR = 69,260 square feet
69,260/1000 = 69.26
69.26 x 11.01= 762 ADT
Total New Commercial ADT Projections: 3,130 ADT
Reduced Industrial AcreaMe
B-2 District Area: 12.58 acres x 0.20 FAR = 109,596 square feet
109,596/1000 = 109.59
109.59 x 6.96 = 762 ADT
Total Reduced Industrial ADT Projections: 762 ADT
Projected Traffic Impact for Rezoning Proposal
3,130 ADT — 762 ADT = 2,368 ADT
File #2795J/EAW 3
Conclusion
The proposed revision to existing zoning boundaries in the Rutherford's Farm Industrial
Park could potentially result in an addition of 2,368 PDT under the worst case
development scenario. The Public Improvements Plan approved by VDOT provides for
appropriate travel lanes and turn lanes and signalization to accommodate this scenario.
The distance between the intersection at Martinsburg Pike and where the primary
entrance adjoins the right-in/right-out entrance road is approximately 900 feet; therefore,
adequate stacking can occur to accommodate this projected increase in commercial
traffic. Furthermore, the right-in/right-out entrance will reduce the number of vehicle
trips at the primary entrance by allowing movements to access Interstate 81, Route 37 or
the City of Winchester.
File #2795J/EAW 4
Rutherford's Farm Rezoning Proposal
Floor -To -Area Ratio Data For Shopping Center
And Office Land Use In Frederick County/Winchester
March 17, 2004
Land Use
Tax Map #
Zoning
Acreage
Building
Sq. Ft.
FAR
Apple Blossom Corners
253-1-A-2
B2
6.6
53,515
0.18
Big Lots/Joanne Fabrics
64-A-101
B2
4.6
47,520
0.23
Costco
64-8-1
B2
13.0
128,662
0.22
Corp of Engineers
64 -A -89B
B2
16.8
99,060
0.14
Crider & Shockey Lease
75-A-21
B3
4.0
31,334
0.18
Crossroads Mall
64-8-5
B2
1.4
13,494
0.22
Delco Plaza
64 -A -4A
B2
16.9
173,829
0.23
Home Depot
292-1-2
CM 1
1
10.7
114,900
0.24
Jamesway Plaza
86-A-18
B2
19.0
93,946
0.11
Kim Henry Lease
54 -A -97S
B3
2.7
24,400
0.20
Lyle P. Strosnyder
75 -A -2F
B3
2.0
12,670
0.15
Michael Prelip Office
75 -A -91E
B3
1.2
15,875
0.30
Powell's Plumbing
64 -A -4G
B3
3.0
17,250
0.13
Sportsplex
75-A-91 C
B3
6.0
76,000
0.22
Sunnyside Plaza
53 -A -52E
B2
9.5
48,804
0.12
Toys R Us
253-1-A-3
B2
6.3
31,107
0.11
Trex Office
42 -A -198M
B2
4.0
60,000
0.34
Valley Farm Credit
75 -A -2G
B2
2.0
9,707
0.11
Wal Mart
292-1-1
CM1
24.9
234,306
0.21
Average FAR
0.192
File #2795J/FAW
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff e®
Fee Amount Paid 4 J'A0
Zoning Amendment N be' Date Receive .� v
PC Hearing Date c BOS Hearing Date /, d
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1.
01
3.
Applicant:
Name: Greenway En ineering Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
Property Owner (if different from above)
Name: Rutherford, LLC
Telephone: (540) 662-0323
Address: 112 North Cameron Street Winchester, VA 22601
Contact person if other than above
Name: Evan Wyatt
Telephone: (540) 662-4185
4. Checklist: Check the following items that have been included with this
application.
Location map X Agency Comments
Plat X Fees
Deed to Property X Impact Analysis Statement
Verification of taxes paid X Proffer Statement
X
X
X
X
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Rutherford, LLC
(_John B Schroth; John S. Scully, IV; C. Robert Solenb�
6. A) Current Use of the Property: Unimproved; Residential
B) Proposed Use of the Property: Commercial & Industrial
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
* Please refer to attached adjoining property owner list entitled:
Rutherford, LLC Rezoning —Adjoining Property Information
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The 155.21 -acre site is located at the northwest quadrant of Interstate 81 and Martinsburg
Pike (U.S. Route 11 North).
Rutherford L.L.C. Rezoning
Adjoining Property Information:
A- PIN 43C-3-9; RICHARDS; RP; RESIDENTIAL
�.
B. PIN 43C -3-7A; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
C. PIN 43C-3-6; SANDY; RP; RESIDENTIAL
D. PIN 43C-3-5; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
E. PIN 43C-3-4; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
F. PIN 43C-3-3; K & J INVESTMENTS, LC; RP; RESIDENTIAL
G. PIN 43C-3-2; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
H. PIN 43-A-149; DEHAVEN; RP; RESIDENTIAL
I. PIN 43C-2-1; BAKER; RP; RESIDENTIAL
J. PIN 43C-2-2; CURTIS; RP; RESIDENTIAL
K. PIN 43C-2-3; FITZWATER; RP; RESIDENTIAL
L. PIN 43C -1-A; MESSICK; RP; RESIDENTIAL
M. PIN 43-A-102; BRADFORD VILLAGE APARTMENTS; RP; RESIDENTIAL
N. PIN 43-A-103; JOHNSON; RP; RESIDENTIAL
O. PIN 43-A-104; MOORE; RP; RESIDENTIAL
P. PIN 43-A-105; RISSLER; RP; RESIDENTIAL
Q. PIN 43-A-106; LEE; RP; RESIDENTIAL
R. PIN 43-A-107; MCQUAIN; RP; RESIDENTIAL
S. PIN 43-A-108; NETHERS; RP; RESIDENTIAL
T. PIN 43-A-109; KEITER; RP; RESIDENTIAL
U. PIN 43-A-13413; PIFER; RP; RESIDENTIAL
V. PIN 43-A-134; WILLIAMSON; RP; RESIDENTIAL
W. PIN 43-A-133; HART; RP; RESIDENTIAL
X. PIN 43 -A -132B; LANDMARK CHAPEL CHURCH; RP; CHURCH
Y. PIN 43-A-132; HART; RP; RESIDENTIAL
Z. PIN 43-A-130; BOONE; RP; RESIDENTIAL
AA. PIN 43-A-110; RIDDICK; RP; RESIDENTIAL
BB. PIN 4313-8-18; PARSONS; RP; RESIDENTIAL
CC. PIN 4313-8-8; MORGAN; RP; RESIDENTIAL
DD. PIN 4313-8-9; BLYE; RP; RESIDENTIAL
EE. PIN 4313-8-11A, FLOWERS; RP; RESIDENTIAL
FF. PIN 43-A-95; WEBBER; RA; RESIDENTIAL
GG. PIN 43-A-94; MOULDEN; RA; RESIDENTIAL
HH. PIN 43-A-93; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH
PIN 43-A-9013; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH
PIN 43 -A -90C; LEDFORD; RA; RESIDENTIAL
PIN 43-A-86; FISHERS OF MEN LAND TRUST, LLC; RA; AGRICULTURAL
PIN 43-A-85; BUCKLEY LAGES, INC.; M2; INDUSTRIAL
PIN 43-A-84; BUCKLEY LAGES, INC.; M2; INDUSTRIAL
PIN 43 -A -112A; DEHAVEN; RP; RESIDENTIAL
PIN 43-A-11213; DEHAVEN NURSERY; RA; RESIDENTIAL
File #27951
PINE 43-A-113; DEHAVEN; RP; RESIDENTIAL
PIN 43-A-140; WEBER; RA; COMMERICAL NURSERY
PIN 43-A-147; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
PIN 43-A-150; K & J INVESTMENTS LC; RP; RESIDENTIAL
PIN 43 -A -1511A; NORTH STEPHENSON, INC.; RA; HEAVY COMMERCIAL
PIN 43 -A -50A; BRENTWOOD INVESTMENT CO.; B2; COMMERICIAL
PIN 43-A-52; NEGLEY CONSTRUCTION, INC.; M1; COMMERCIAL
PIN 43-A-56; K & J INVESTMENTS, LC; M1; COMMERCIAL
File #2795J
RUTHERFORD' S FARM
TAX MAP # INSTRUMENT #
43-A-96 020011418
43-A-98
43-A-99
43-A-111
43-A-100 020011419
43-A-97 020011420
43-A-101 030023107
File #2795J/EAW/dlm
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number
Magisterial:
Fire Service:
Rescue Service
10.
11.
Stonewall
Clearbrook
Clearbrook
Districts
High School:
Middle School:
Elementary School
James Wood
James Wood
Stonewall
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres Current Zoning Zoning Requested
13.4 RA; 132; B3 & M1 B2 & B3
13.4 Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other
* Note: Rezoning Proffer Statement limits total structural development on
155.21 -acre site to 1,400, 000 square feet.
Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): Lj�jDate: S 7 &4-
U
Owner(s):
Date:
*Note: Please refer to executed Special Limited Power of Attorney
agreement for signature of Rutherford, LLC owners.
Special Limited Power of Attorney
. County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665=5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
John B. Schroth
(Name) John S. Scully, IV of Rutherford, LLC (Phone)540-662-0323
C. Robert Solenberger
(Address) 112 N. Cameron Street Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. See attached on Page , and is described as
See at ached
Parcel: Lot: Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering (Phone) 540-662-4185
(Address) 151 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
13 Rezoning (Including proffers)
❑ Conditional Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) han apd,s�� this ��' day of , 200 ,
Signature(s)
s - a
State of Virginia, Ciry/G of 1 To -wit:
ifluc C 4/)6j a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who , ed to the foregoing instrument and who is (are) known to me, personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this "I "—� day of _Tr)(! j , 200_q_.
I �' _ My Commission Expires: �,
Notary Public)
Property Deeds
:TES.
File 42795J/EAW
p4011419
SNA
iRRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
THIS DEED, made this 10 day of July, 2002, by and between RICHARD R.
, of the first part, hereinafter called the Grantor; and RUTHERFORD, LLC, a
limited liability company, of the second part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00),
i in hand paid and other valuable consideration, receipt whereof is hereby acknowledged,
Grantor does grant and convey, with General Warranty and with English Covenants of
e, unto the Grantee, in fee simple, the following property:
All of that certain lot or parcel of land, together with all rights, rights of
way and appurtenances thereto belonging and improvements thereon, lying and
being situate on the Martinsburg Pike, U. S. Route 11, about two miles
northeast ofthe City of Winchester, in Stonewall Magisterial District, Frederick
County, Virginia, containing 1.310 acres, more or less, and more particularly
described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983,
attached to that certain deed to Donald W. Moulden, Sr., et ux., dated April
20, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia in Deed Book 563, at Page 338, and being the same property
acquired by the Grantor herein by Deed from said Donald W. Moulden, Sr.,
et ux., dated June 14, 2000, and recorded in the aforesaid Clerk's Office in
Deed Book 968, at Page 92. Tax Map No. 43-A-100
Reference is hereby made to the aforesaid instruments for a further and more particular
iption of the property herein conveyed.
This conveyance is made subject to all easements, rights of way and restrictions of
1, if any, affecting the subject property, EXCEPT THAT the Grantor herein expressly
es and declares void and of no further effect that certain covenant regarding "the old
i building" as set forth in that certain deed from Ray H. Duncan, et ux., to Max W.
et ux., dated October 3, 1952, and of record in the aforesaid Clerk's Office in Deed
225, at Page 377.
C:)
I"ti7
N
GJ
WITNESS the following si ature and se
(SEAL)
Richard R. Duncan
ATE OF VIRGINIA AT LARGE
OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this AQ day of July, 2002,
Richard R. Duncan.
Notary lic
expires
;2OQ-15—
VIRGINIA: FREDERICK COUNTY, SCT.
'chis instrument of writing was produced to me on
-td with certificate of acknowledgement thereto annexed
was admitted to record. Ta imposed by Sec. 58.1-802 of
, and 58.1-801 have been paid, if assessable
'Clerk
kRPJSON A JOHNSTON
ATTORNEYS AT LAW
MNdiESTER. VIRGINIA
cs
ZONING TABULATION
MI
104.12 ACRES
53
22.45 ACRES
W
9 `
H
6T
52
28.64 ACRES
f-.
S 4',•32'25' E
�� 194.39'
a
a
I
=`
°o
.
21
-
TOTAL
TOTAL
155.21 ACRES
"00 i j
P
- - -
-'-ANvT
S 76'8767• Ery p•• a\ f
i
�y
i \. ary
M-1
rol
vil
tOI
% • ��e i _
i' •(P`/, , /'/ Hi55510.-E .._U��.21_. �
pl
�f e•
5 75'36'08'
299.69'
RI
�-- - t 60.0'
�1
' -� WINCHEST
�+ 1 �+-4zle'iG"cioid:3s=._.---•-••-..ER_8c_tNESTERN'----
1
1i47.83'9
IT54'00W
Wi
,
74
<I
- _
495 PO
�- 1 0'
oN..
cc
TO m
A-629 '�"...
h. ;07
R 380.00
Ip
Z
31
AWRFW------_-
y 35 45 51E .22:071- - -__ _ __-__-1
/ I
w also
Im
,
k
O
N
C7
d U
a
W
a
i
o5
1 5 38'01'07' W 963.47'
...1_.._.._..-..-..-..-..-.._..-..-.._..-.
"y- eft'•`,
g
41 525" W
8.` 1
S 3 W
F
(n
v-
' NI ... .., '
756.18'}3
-�--�II -
•.
T
j
i• i i
1
N 2 9
979 862" W/C"�; �+' FIN
RARA 1
�cl
i I
wj
CS
U.S. ROUTE I 1
MARTINSBURG PIKE
CURVE RADIUSARC LENGTH CHORD LENGTH
C1 2252.00' 102.54 102.53
CHORD BEARING DELTA ANGLE
5 51-2707 W 02'36'32'
DATE: MAY 2004
C2 2252.00 316.64' 316.38
C3 1321.72 676.18 668.83
S 56.47'03_ W 08'03'21
N 15'565'," W 29'1843'
SCALE: i'
400'
Ca 5629.58 144.98 144.97' N 00'3313 W 01'2832"
CS 2252.00 404.52 403.97 5 45'00'06- W 10'1730-
C6 5629.58 614.42 614.11
C7 5629.58 749.82 749.26
N 04'1346" E 06'1512
N 21'1152 E OT3753'
DESIGNED BY:EAW
Ce 5629.58 517.51 517.33
S 15'22'34" W 05'16'01
JOB NO.27053
AREA TABULATION
mi 116.7 ACRES
B3 14.5 ACRES
B2 23.2 ACRES
TOTAL AREA = 154.4 ACRES
60.0'
-- WINC— y� R
1 &WESTER—IL�AD _
L � �
PG* -
0, 74
\ 60 ON
— — —
"---j M1
6
I.
0
J
N
i
cc
a
J
cc
cl
Z
a
ccO
U.
cc
TW
i
D
cc
EXHIBIT A OAO JULY tb. ?001
SCALE: - I' 500'
U.S. ROUTE 1 1 oEscNco eY: vos
MARTINSBURG PIKE os N0. ?795
c�
z
W�
Z ^
Z rm
W 3" em
� a�
I.
0
J
N
i
cc
a
J
cc
cl
Z
a
ccO
U.
cc
TW
i
D
cc
EXHIBIT A OAO JULY tb. ?001
SCALE: - I' 500'
U.S. ROUTE 1 1 oEscNco eY: vos
MARTINSBURG PIKE os N0. ?795
MASTER DEVELOPMENT PLAN #03-04
FIELDSTONE SUBDIVISION
Staff Report for the Planning Commission
Prepared: May 17, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It may
also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 04/07/04 recommendation of denial
Board of Supervisors: 05/12/04 forwarded to P.C. for re -review
Planning Commission: 06/02/04 Pending
LOCATION: The property is located south of Valley Mill Road (Route 659) and east of Carlisle
Heights Subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS: 55-A-181
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RP (Residential Performance) District
South Zoned: RP (Residential Performance) District
East Zoned: RA (Rural Areas) District
West Zoned: RP (Residential Performance) District
Present Use: Unimproved
Use: Unimproved (Abrams
Creek)
Use: Residential (Channing
Drive Subdivision)
Use: Agricultural, Residential
Use: Residential (Carlisle
Heights Subdivision)
PROPOSED USE: 63 single-family detached urban houses, with minimum lot sizes of 12,000 square
feet, curb & gutter, sidewalks, and streetlights, and 225 townhouses.
MASTER DEVELOPMENT PLAN #03-04
FIELDSTONE SUBDIVISION
Staff_ Report for the Planning Commission
Prepared: May 17, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It may
also be useful to others interested in this zoning matter.
LOCATION: The property is located south of Valley Mill Road (Route 659) and east of Carlisle
Heights Subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS: 55-A-181
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RP (Residential Performance) District
South Zoned: RP (Residential Performance) District
East Zoned: RA (Rural Areas) District
West Zoned: RP (Residential Performance) District
Present Use: Unimproved
Use: Unimproved (Abrams
Creek)
Use: Residential (Channing
Drive Subdivision)
Use: Agricultural, Residential
Use: Residential (Carlisle
Heights Subdivision)
PROPOSED USE: 63 single-family detached urban houses, with minimum lot sizes of 12,000 square
feet, curb & gutter, sidewalks, and streetlights, and 225 townhouses.
Reviewed
Action
Planning Commission:
04/07/04
recommendation of denial
Board of Supervisors:
05/12/04
forwarded to P.C. for re -review
Planning Commission:
06/02/04
Pending
LOCATION: The property is located south of Valley Mill Road (Route 659) and east of Carlisle
Heights Subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBERS: 55-A-181
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RP (Residential Performance) District
South Zoned: RP (Residential Performance) District
East Zoned: RA (Rural Areas) District
West Zoned: RP (Residential Performance) District
Present Use: Unimproved
Use: Unimproved (Abrams
Creek)
Use: Residential (Channing
Drive Subdivision)
Use: Agricultural, Residential
Use: Residential (Carlisle
Heights Subdivision)
PROPOSED USE: 63 single-family detached urban houses, with minimum lot sizes of 12,000 square
feet, curb & gutter, sidewalks, and streetlights, and 225 townhouses.
MDP #03-04, Fieldstone Subdivision
Page 2
May 3, 2004
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The amended Master Development Plan for this property appears
to have a measurable impact on Channing Drive, Routes 659 and 656, the VDOT facilities which would
provide access to the property. Based on our conversation on September 22, 2003 the number of trips
per day for Section R is being doubled from approximately 900 trips per day to 1800 trips per day. With
this significant increase in traffic, we will be requiring a dedicated left turn from Channing Drive onto
Highcliff Drive. A revised Traffic Impact Analysis must be submitted. We will also be requiring a
traffic signal agreement at the same intersection. A right turn lane shall be required from Channing Drive
heading west onto Highcliff Drive. Before making any final comments, this office will require a
complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation
Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs,
including right-of-way dedications, traffic signalization, and off-site roadway improvements and
drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office
for issuance of appropriate permits to cover said work.
Fire Marshal: Plan approval recommended.
Sanitation Authority: Approved - amended
County Inspections: No comment required at this time. Shall comment at the time of subdivision plan.
Public Works: We offer no comments at this time. A comprehensive review shall be performed at the
time of subdivision plan approval.
Geographic Information Systems: Braxton Place & Nassau Dr. previously approved & reserved for
use in system. Rebecca Dr. & Channing Dr. are extensions to existing roads. Suffixes are appropriate
& correct.
Frederick County Department of Parks and Recreation: The revised Master Development Plan for
Fieldstone Subdivision appears to meet the county open space and recreational unit requirements.
However, a high percentage of the allowable open space provided appears to be in flood plain area and
not easily accessible. Staff also recommends that the proposed trail be ten feet in width and meet the
minimum standards for trail construction used by the county. Staff has based this recommendation on
Federal Highway Administration and American Association of State Highway and Transportation
Officials guidelines which state that two directional linear walking/bike trails should be a minimum of
ten feet in width. The potential for the trail to connect to adjacent future development should also be
provided.
Winchester Regional Airport: The above referenced proposal has been reviewed and it appears that
the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the
proposed site falls outside of the airport's Part 77 surface. No special requirements or conditions are
requested on behalf of the Winchester Regional Airport Authority. Thank you for your cooperation and
consideration in the continuing safe operations of the Winchester Regional Airport.
MDP #03-04, Fieldstone Subdivision
Page 3
May 3, 2004
Frederick County Public Schools: No additional comments at this time.
Planning & Zoning:
A) Master Development Plan Requirement
A master development plan is required for most subdivisions and development of property in
Frederick County. Before a master development plan can be approved, it must be reviewed by
the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may
only be granted if the master development plan conforms to all requirements of the Frederick
County Zoning and Subdivision Ordinances. The purpose of the master development plan is to
promote orderly and planned development of property within Frederick County that suits the
characteristics of the land, is harmonious with adjoining property and is in the best interest of the
general public.
B) Location
The 94.362 acres of the subject property are located within the Red Bud Magisterial District and
are south of Valley Mill Road (Route 659) and Abrams Creek, past the Carlisle Heights
Subdivision. Mill Race Estates and Valley Mill Estates are located north of the property across
from Valley Mill Road (Route 659). The parcel of land will be accessible via Channing Drive,
which will bisect the parcel in the center. The property is located north of the Lynnehaven and
Giles (now Manning & Ross) portions of the Channing Drive Subdivision.
C) Site History
The original Zoning Map for Frederick County (U.S.G.S. Shephenson, VA Quadrangle) identified
this land as being zoned A-2 (Agricultural General) District. On August 26,1987 the property was
rezoned to the RP (Residential Performance) District under rezoning application #017-87 of
Eastern Frederick Development Company.
The original master development plan for this property, previously referred to as Fieldstone
Heights, was approved on February 16, 1988 for 215 single-family dwellings. On February 26,
1996 the master development plan was revised to accommodate 169 single-family detached
traditional dwellings (15, 000 square foot minimum without curb & gutter). Then on February
28, 2002, the master development plan was revised again; this time to accommodate 153 single-
family detached urban lots (12, 000 square foot minimum with curb & gutter).
D) Intended Use
The parcel of land is proposed to be developed in two sections. Section 1 will be located west
of Channing Drive and consist of 63 single-family detached urban lots. Section 2 will be located
east of Channing Drive and consist of 225 townhouses.
MDP #03-04, Fieldstone Subdivision
Page 4
May 3, 2004
Planning StaffComment. The applicantshouldclarfytheproposedphasingofthesesections
and their relationship to the construction of Channing Drive.
E) Site Suitability
Land Use Compatibility:
The site of the proposed Fieldstone Subdivision is located at the fringe between suburban
residential and rural residential development. Single-family residential land uses prevail in the
area, although a limited number of agricultural land uses are in the area as well.
Historic Resources:
The Frederick County Rural Landmarks SurveX does not identify any potentially significant
historic resources on the site of the proposed master development plan. Furthermore, according
to the National Park Service's Study of Civil War Sites in the Shenandoah Valle off Virgil,
the subject site is not included in any battlefield study area and does not contain any core
battlefield resources.
Environment:
The subject site contains 13.92 acres of steep slopes and 10.24 acres of floodplain. Both the
areas of steep slope and floodplain are located in the front third of the parcel. A total of 3.48
acres (25%) of steep slopes and .3 acres of floodplain are proposed to be disturbed by this
development. No disturbance of the riparian buffers around Abrams Creek shall be permitted
except for the construction of roads (Channing Drive), public utilities, and public facilities.
The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils
comprising the subject parcels fall under the Weikert-Berk soil association, which are common
soil types found east of Interstate 81. It is noted that these soil types present some limitations
to site development due to a seasonal high water table, depth to bedrock, and slope. The
management of such characteristics must be demonstrated through the site development process.
Transportation:
The Comprehensive Policy Plan classifies Valley Mill Road (Route 659) as a major collector
road. As part of the proposed development, anew major collector road shall be constructed from
Valley Mill Road (Route 659) to the southern limits of the development, which will ultimately
link Valley Mill Road (Route 659) with Senseny Road (Route 657). This new road is a
component of the Eastern Road Plan, found on page 7-15 of the Frederick County
Comprehensive Policy Plan. The Eastern Road Plan also calls for the eventual improvement of
Valley Mill Road (Route 659) and Senseny Road (Route 657).
Nassau Drive is a proposed public road which will be constructed off of Channing Drive for
access to both the east and west portions of the property. All roads within Section 1 (single-
family detached urban dwellings) will be public. Access to Section 2 (townhouses) shall be
provided via a private road network connected to Nassau Drive. Per Section 144-24, of the
MDP 903-04, Fieldstone Subdivision
Page 5
May 3, 2004
Frederick County Subdivision Ordinance, individual lots accessed by private streets shall be
located within 500 feet of a public road. The applicant is seeking approval from the Planning
Commission for a distance approximately 624 feet from a public road. The Subdivision
Ordinance gives the Planning Commission the ability to allow lots to be located as much as 800
feet from a state road in cases where enhanced circulation is provided with a driveway loop.
PlanningStaffNote: The Planning Commission denied the applicant's requestfor a lot access
distance waiver during their meeting on April 7, 2004. Therefore, the proposed MDP will
need to be revised prior to administrative approval so that all lots are within 500 feet of a state
road The proposed MDP's failure to provide a public road connection with the adjoining
parcel to the east is detrimental for achieving the best coordinated future transportation
networkfor the area. Furthermore, owners of properties to the east have contacted staff with
development concepts for their properties. These owner's development plans will be
significantly hampered without a connection to Channing Drive, through Fieldstone.
Comprehensive Policy Plan:
The 94.362 -acre parcel is zoned RP (Residential Performance) and is within the UDA (Urban
Development Area) and the SWSA (Sewer and Water Service Area). The property is not located
within the study area of any small area land use plan. It is located just outside of the Route 7
East Corridor Plan, which was adopted by the Board of Supervisors in 1994. The
Comprehensive Policy Plan states that suburban residential development must occur within the
UDA.
Density:
The overall gross residential density proposed with this master development plan is 3.05 units
per acre. This breaks down to a 1.40 gross density in Section 1 and a 4.56 gross density in
Section 2. The maximum gross density for a parcel of this size is 5.5 dwelling units per acre.
Recreational Facilities, Landscaping, Buffers, and Open Space
The revised master development plan for the Fieldstone Subdivision shall contain at least 28.309
acres (30%) of open space; of which, slightly more than 50% shall be located outside of areas
of steep slopes. For the proposed townhouses, one recreational unit shall also be provided for
every 30 dwelling units. This calculates to a total of eight required recreational units.
Landscaping shall be provided for all proposed parking lots and as required by Section 165-36,
Landscaping, of the Frederick County Zoning Ordinance.
A residential separation buffer is required between the proposed townhouses and the southern
properly line. In addition to this buffer, a road efficiency buffer is required between the proposed
residential uses and Channing Drive. A six foot wide asphalt trail will be provided within the
inactive portion of the road efficiency buffer along Channing Drive. The proposed trail is shown
on the west side of Channing Drive, from the southern limits of the parcel, to the rear of the
proposed townhouse development.
MDP #03-04, Fieldstone Subdivision
Page 6
May 3, 2004
Planning Staff Comment. Staff suggests that the proposed trail be extended to Abrams Creek
to allow for the possibility of connecting it with a nature trail which could emerge in the
future along Abrams Creek. If amenable, the applicant could also provide assurances for an
easement alongAbrams Creek to allow Frederick County to use the property for a public trail
if determined appropriate in the future.
PLANNING COMMISSION SUMMARY & ACTION OF 04/07/04 MEETING:
The owners of the 85 -acre Valley Mill Farm, LLC at 1494 Valley Mill Road expressed concerns about
traffic, the impacts of additional sediment in Abrams Creek, the loss of historic integrity of their
property, the impact on their quality of life, and the incapacity of the one -lane bridge. Valley Mill Farm
owners offered to dedicate a portion of the northern part of their property for access, rather than
channeling traffic to the one -lane bridge. Four other citizens came forward to speak in opposition to the
townhouse development; their concerns included traffic and safety issues, and overcrowded schools.
The owner of the Goldie's LC tract to the east commented that he would like to see Nassau Drive
stubbed at the eastern property line of the Fieldstone tract. Without this connection he was concerned
that his property may be considered landlocked for future development.
A VDOT representative verified that a revised traffic impact analysis (TIA) was submitted and VDOT
was satisfied because the applicant had agreed to install three turn lanes, in addition to entering into a
signalization agreement where Channing Drive and Nassau intersect. Commission members questioned
VDOT's satisfaction with the TIA in light of the all of the traffic that would be utilizing the one -lane
bridge to get to Rt. 7. VDOT predicted the traffic would travel the route of least resistance, and go to
Greenwood and down to Rt. 7, rather than attempting to traverse the bridge.
Members of the Planning Staff commented that there has been considerable discussion regarding
subsequent development to the east. They commented on the overall transportation benefit of staff's
recommendation for a continuation of Nassau to the east, possibly creating a connection to Rt. 7 that
would skip beyond the one -lane bridge.
Members of the Planning Commission were concerned about the increase in density from previous
master development plans for this parcel, especially in light of the transportation problems. They
pointed out the possibility of potential acceptable transportation solutions, although none had been
presented for the Commission's consideration. By a majority vote, the Planning Commission
recommended denial of the master development plan, as follows:
YES (FOR DENIAL): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour
NO: DeHaven
In addition, a motion and second was made to recommend denial of the waiver request. This was also
MDP 903-04, Fieldstone Subdivision
Page 7
May 3, 2004
passed by a majority vote as follows:
YES (FOR DENIAL): Rosenberry, Fisher, Ours, Thomas, Light, Morris, Unger, Gochenour
NO: DeHaven
(Please note: Commissioners Triplett, Kriz, Watt, and Straub were absent from the meeting.)
BOARD OF SUPERVISORS SUMMARY & ACTION OF 05/12/04 MEETING:
During the May 5, 2004 Board of Supervisors Meeting the Board forwarded the MDP application for
Fieldstone Subdivision back to the Planning Commission for review. The Board made this decision to
give the applicant another opportunity to address the density and transportation concerns that the
Planning Commission expressed during their review on April 7, 2004.
STAFF CONCLUSIONS FOR 06/02/04 PLANNING COMMISSION MEETING:
The preliminary MDP for Fieldstone Subdivision is a proposal to revise the currently approved MDP
for 153 single family detached urban dwellings to allow 63 single family detached urban dwellings plus
225 townhouses. Once the plan is revised to reflect the Planning Commission's denial of the lot access
waiver, the Master Development Plan would be consistent with the technical requirements of Article
XVII, Master Development Plan, of the Zoning Ordinance. The applicant has chosen not to extend the
proposed state road to the property line to allow for possible future development; nor has the applicant
made any other changes to the plan since the Planning Commission recommended denial of it on April
7, 2004. The failure to extend Nassau Drive to the eastern property line may impact the development
potential of the properties to the east; as well as, not provide for an improved future transportation
network to serve this area of Frederick County.
A summary of concerns and comments from the Planning Commission to the Board of
Supervisors concerning this master development plan application would be appropriate.
%� �♦ �� i �� 'r��� _ ;tem -��
VON
MBI
At
d
11111115
Ism
e x{xx� �`��� _V��', ■� alb,. a ..
sMEN M■■
INN on
son on
son on ■
■■■■mons■■
,i� FSR r � • ` t'/ 'f IMAM.ry
• y
-,
��'� L.� ,, I �:"� t ,"' r i:�p� - � a � �."SaLt:•« �6[� � v s . � c? i ; st4.-,{r �* i'S r -'' "a c.... } \',,/�a"�.y , � r
.+.;� k�"x �T ::� '4$r'-•x �. . s •��'ti,i " _ 9 n�"4 ' � '� �.#�Aa. ' r.� '[�'�;\3`, � °�+. i��' �:` °' '\i , ._� +�/.
�$i,: • : 'r ��� '� t. ` x�, �$ +�s+p'4.a ' -s... A .-:x �^ �! _ . L+, 1 1,�. r4 t _-� gyp: ,�,':' � y 1
lip
a • � y 'i � .: r5°'CF�.^*a�r.-� �. , w �;; . -i � c = �. , s � i_m r... �� •.� �..:� � U ,^'_,,. ',:, ;..a�•
.0
vu" � fi i 4
w _
t
y +
,t +r 'a•r+�
;, � .� :;p-0+ ..T•i.� '+`•� :; awrtif'1,y z... c 1, t � ,:a.^h '.d
•-:_:� . �, -, y.. �.. . - r ,..: .4 Z� �`y�"�$t!y �•a �.: _�y, .. � ;� � Ix5�r7x:�` ��„a. •''S�1 i k4x�°S �#��'Sar L, �. s w�`1":a�s s�jr
T-
-Ai
a5,� : ` ,. :s�\Y+-• 1•��
k �
par+x a. ��'� , ,� S j a.-:-�',f I.._; � 'r .. �' s ��nic` .,fy +;' v[,tp� S T"�>� �`'L\� �::►I��
T
a:,
%
VV,
s {'h� � • •
s r 3+1 i_: } �} rE i.:. R •*� , 4 j �4 { q�'
Subdivision
Fieldstone
`' 'A,a - a' ,. ,% �!. y -s r + Yt �}l 5 'y, t ,•l' t i*}1� CI $Fs?4' s]:. s T'2 { iL�V.' 7 �i
•
�`-.`,�*i4'". �,..'@ .t Sts�� _ L s • i, s<.i� Ss # 4 k T 1 r� `�r
t_t a i }xx vI a [ 5 tai �.
'
ave ,� a (� a $ ? 1 a4 { 65 i
v i ! •
'�
;..-. `3°'+w '�' iv' ✓t y:� 3TY iiV+ . r' [ ; w f l #�` 1 ill
3» g FtpSol
y� s' c tw'iyssy a ■il
Mill
O1(ZOO Feet
b
.. k
Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
1. Project Title:
2. Owner's Name
Fieldstone Subdivision
Arcadia Devlopment Co.
(Please list name of all owners or parties in interest)
3. Applicant: Greenway Engineering
Address: 151 Windy Hill
Winchester, VA 22602
Phone Number: 540)_662-4185
4. Design Company: Greenway Engineering
Address: Same as above
Phone Number: Same as above
Contact Name: Niki Adhikusuma or Jeremy Tweedie
5. Location of Property South of Valley Mill Rd. Rte. 659
6. Total Acreage: 94.3987 Acres
7. Property Information
a) Property Identification Number (PIN)
b) Current Zoning:
c) Present Use:
d) Proposed Uses:
e) Adjoining Property Infonnation:
North
South
East
West
Property Identification Numbers
See Attached Sheet
f) Magisterial District:
55-((A))-181
RP
Vacant
Single Family Detached Urban
Single Family Atached (Townhouse)
Property Uses
See Attached Sheet
Red Bud
8. Is this an original or amended Master Development Plan?
Original ❑ Amended
I have read the material included in this package and understand what is required by the
Frederick County Department of Planning and Development. I also understand that the master
development plan shall include all contiguous land under single or common ownership. All
required material will be complete prior to the submission of my master development plan
application.
Signature:
Date: 6 /Z 31
� i
FIELDSTONE SUBDIVISION
ADJOINING PROPERTY OWNERS
NAME
TAX MAP #
ADDRESS
Linda D. & Goldie L. Adams
55-((A))-210
310 Eddy's Lane Wine, 22602
Fu-Shep, Dr. George Sheppard
55-((A))-209
309 S. Stewart St Wine, 22601
Fu-Shep, Dr. AllenFutral
55-((A))-209
405 Briarmont Dr Wine, 22601
Manning& Ross
65-((A))-37
PO Box 27 Wine, 22604
Lynnhaval, LC -John Scully
55-((A))-206
112 N. Cameron St Wine, 22601
Ronald C & Elizabeth A. Dishdong
55I-((1))-4-240
138 Charlton Rd Wine, 22602
John R & KandisR Jenkins
55I-((1))-4-239
136 Charlton Rd Wine, 22602
Gary Lee & Judith C Wastler
55I-((1))-4-238
134 Charlton Rd Wine, 22602
Jerry M & Yvonne Willis
55I-((1))-4-237
132 Charlton Rd Wine, 22602
Ryan A & Patricia L Pugh
55I-((1))-4-236
130 Charlton Rd Wine, 22602
Steven RDick
55I-((1))-4-235
128 Charlton Rd Wine, 22602
David A & Rhodes Megan E Lockhart
55I-((1))-4-234
126 Charlton Rd Wine, 22602
Charles D & Sandra H Gulick
55I-((1))-4-204
131 Rebecca Dr Wine, 22602
David A & Betty J Whipkey
55I-((1))-4-203
132 Rebecca Dr Wine, 22602
Carlisle Heights Home Owners' Asso
55I-((1))-3
PO Box 2241 Wine, 22604
Matthew C & Katherine McHale
55 -((A)) -165C
1291 Valley Mill Rd Wine, 22602
Mill Race Estates Home Owners' Asso
55 -((A)) -175E
817 Dutton Place Winc, 22603
William.H & Genevieve Schuller
55 -((A)) -178,178A PO Box 897 Berryville 22611
WilliamH. Schuller, Jr
55-((A))-177
963 Valley Mill RdWinc, 22602
Charles R Racey
55 -((A)) -176B
985 Valley Mll Rd Wine, 22602
The Cameron Group
55 -((A)) -176A
315 Cameron St Wine, 22602
Mark R Ritchie
55 -((A)) -175A
1071 Valley Mill Rd Wine, 22602
Adjoining Property Information:
Property Identification #
North 55 -((A)) -175E
55 -((A)) -165C
South 55I-((1))-4-203, 204, 234
55-((A))-206
65-((A))-39
East 55-((A))-209
55-((A))-210
West 55I-((1))-4-240, 239, 238, 237, 236, 235
55I-((1))-3
Property Uses
RP -Vacant
RP -Vacant
RP
RP
RP
RP
RA-Agr
RP
RP -Vacant
CO��
w
Special Limited Power of Attorney
County of Frederick, Virginia
11)11
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) Arcadia DeyelapmPnt rn_ (Phone) (540) 751--9321
(Address) 117N. Bailey Lane, Purcellville, VA 20132
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 02.0ocATi S- on Page
and is described as
Parcel: T.M#: 55-((A))-151 Subdivision: Fieldstone Subdivision
do hereby make, constitute and appoint:
(Name) Greenway ing eering (Phone) 540-662-4185
(Address) 151 Windy Hill Lane
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Including proffers)
❑ Conditional Use Permits
0 Master Development Plan (Preliminary and Final)
Cd Subdivision
® Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this 8 tWay of Dec . , 2003 ,
Signature(s)
wk-
State of.4giRia; City/County of Ckwr, , To -wit:
I, ? �n nom, n�c.� , a Notary Public in and for the jurisdiction aforesaid, certify that the personfs.)
who signed to the foregoing instrument and who`is,(aFe�known to me, personally appeared before me and
has acknowledged the same before me in thg jnri�diainn aforesaid this day of L-te-,, 200 .
PENNY HUNTER
commission # 129124kv &mmission Expires: /0yv ?i, OW q
Ndtary Public F: W -"""' ' "'"'"' &;;—
Santa
Clore Coureiy
My corrin. F Nova 21304
•
i
•
MASTER DEVELOPMENT PLAN (MDP) #06-04
WINCHESTER MEDICAL CENTER II
Staff Report for the Planning Commission
Prepared: May 17, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It
may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/02/04 Pending
Board of Supervisors: 07/14/04 Pending
LOCATION: This property is located at the northwest corner of the Route 37 and Route 50 West
intersection.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 53-A-68
PROPERTY ZONING & PRESENT USE:
Zoned: B2 (Business General) and MS (Medical Support) Use: Vacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RA (Rural Areas) Use: Agricultural/Orchard
South Zoned: RA (Rural Areas) Use: Residential, Commercial
& Farm Bureau
East Zoned: City of Winchester Use: Hospital / Medical Campus
West Zoned: RA (Rural Areas) Use: Residential & Agricultural
PROPOSED USE: Retail, commercial and medical support uses
MDP #06-04, Winchester Medical Center Il
Page 2
May 17, 2004
REVIEW EVALUATIONS:
Department of Transportation: The Preliminary Master Plan for this property appears to have
significant measurable impact on Route 50 and 37, the VDOT facilities which would provide access
to the property. Due to the very small scale, it was difficult to determine details in regards to this
Master Development Plan. In the future, please take this into consideration. Our comments are as
follows:
1. A signalization agreement will be required for the intersection of Botanical Boulevard and
Perennial Drive (private street).
2. Is the road system in the "convenience, commercial, restaurant and conference uses" area
public or private?
3. The first entrance to the lot on the northeast comer of Route 50 and Botanical Boulevard
should only show an "entrance only" access. It appears the access is both an exit and an
entrance.
4. There appears to be multiple entrances directly to the roundabout rather than to the access
roads. We will not allow these direct entrances to access the roundabout. Please show them
accessing the road system instead.
5. Please keep in mind the required transition lengths for dual left turn lanes on both Route 50
and 37 and Botanical Boulevard. These items will be further examined as part of the site plan
submittal.
6. With the addition of the turn lanes on Routes 50 and 17, the signals shall also be required to
be modified accordingly.
7. On the "entrance only" roadway, is the roadway from Route 50 to the roundabout going to be
one-way or will it allow two-way traffic? If the roadway allows two-way traffic, then should
the entrance to the northwest property be an "exit only"?
Before making any final comments, this office will require a complete set of site plans, drainage
calculations and traffic flow data from the I.T.E. Trip Generation Manual, 7t' Edition for review.
VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications,
traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the
State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits
to cover said work.
Frederick County Fire Marshal: Buildings exceeding 30 feet in height shall not be set back more
than 50 feet from the edge of fire department access. Water supplies for firefighting shall be extended
to the site and be consistent with the requirements of the 2000 International Fire Code and Frederick
County Code Section 90. Plan approval recommended.
Frederick County Public Works: A comprehensive review shall be performed at the time of site plan
submission. Evaluations of stormwater run-off and drainage shall be performed at the time of site plan
submission.
MDP #06-04, Winchester Medical Center lI
Page 3
May 17, 2004
Frederick County Inspections Department: No comment at this time. Approval of individual site
plan required.
Frederick County Sanitation Authority: 2"d review. Correct & resubmit 2 items.
Planning Staff Note: The two items referred to in the Sanitation Authority's review letter are as
follows: 1) show water lines, and 2) show water force main.
Frederick -Winchester Service Authority: No comments.
Frederick County - Winchester Health Department: All proposals for this development are to be
served by approved public water and sewer. Applications for restaurant, hotel permits, and continuing
care and assisted living establishments (if applicable) must be submitted to the local health department
Department of GIS: The following road names have been APPROVED and RESERVED for use by
Winchester Medical Center II in the Frederick County Road Numbering System:
Botanical Boulevard
Perennial Drive
Due to the possibility of multiple businesses and occupants using the same entrances, the intersecting
roads network designated in the plan, that cross major open areas and connect with other roadways and
entrances, must be named.
Frederick County Department of Parks & Recreation: The trail provided appears to meet the
standards recommended by the county. However, with the mixed use included in this development,
the potential extension of Botanical Boulevard to Route 22, and the possible future bridge crossing
Route 3 7, staff believes accommodations should be made for a ten foot wide hard surface bike/walking
trail to better serve these uses and to provide connectors as development in this area continues. As
growth continues to the north and west of this site, it is important for this plan to offer the opportunity
to provide alternative means of transportation from the city limits to future development in the county.
This can be accomplished by including an internal trail throughout the site designed to serve future
connectors, with unique opportunities existing in the elderly housing area. It would also be necessary
to provide an easement along Botanical Boulevard to ensure a future bike/walking trail connector
between Route 50 and Route 522. Special attention should also be given to the trail crossing at
Botanical Boulevard. At the very least, staff would recommend that bicyclists and pedestrians be
afforded hand activated signal crossing devices as a means to identify their desire to cross at this
location. The crosswalk should also be striped to assist bikers, walkers and drivers.
Winchester Regional Airport: The referenced Master Plan was reviewed and it appears the proposed
site should not impact operations at the Winchester Regional Airport as the area lies outside of the
Airport's Part 77 surfaces.
City of Winchester: No comment
MDP #06-04, Winchester Medical Center II
Page 4
May 17, 2004
Planning & Zoning:
A) Master Development Plan Requirement
A master development plan is required for most subdivisions and development of property in
Frederick County. Before a master development plan can be approved, it must be reviewed
by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval
may only be granted if the master development plan conforms to all requirements of the
Frederick County Zoning and Subdivision Ordinances. The purpose of the master
development plan is to promote orderly and planned development of property within Frederick
County that suits the characteristics of the land, is harmonious with adjoining property and is
in the best interest of the general public.
B) Location
The subject parcel is located immediately north and adjacent to Route 50 West, and west and
adjacent to Route 37. The land use abutting the subject property to the north and west is
agricultural and residential, with a mix of commercial and residential uses located across the
Route 50 right-of-way to the south and the Winchester Medical Center campus located across
the Route 37 right-of-way to the east.
C) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcel as being zoned A-2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of
the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2
zoned land to the RA District. On February 12, 1997, the Board of Supervisors approved
Rezoning #006-96 which rezoned approximately 50 acres of the property from RA to B2
(Business General). The remaining acreage, approximately 52 acres, was rezoned from the RA
(Rural Areas) District to the MS (Medical Support) District on April 9, 2003.
D) Intended Use
The applicant states that the ultimate intent of the proposal is to develop uses that are consistent
with the needs of health planning and integrated with the existing medical center campus.
Specifically, the applicant proposes to employ the MS District on the northern portion of the site
("Phase 2") for a diverse array of medical service and support uses, to include, but not limited to:
office, warehousing/distribution, nursing home, and age-restricted/elderly housing. The southern
portion of the site ("Phase 1 ") would remain B2 and would be used for commercial uses that also
MDP #06-04, Winchester Medical Center II
Page 5
May 17, 2004
support the established medical community, such as: business hotel, retail/shopping center, bank,
restaurant, and research and development.
E) Site Suitability & Project Scope
Land Use Compatibility:
Comprehensive Policy Plan:
The approximately 102 -acre site is a component of the Phase 1 and Phase 2 Round Hill
Community Land Use Plan. Both phases call for the establishment of new commercial and
office uses. The long-term Phase 3 component of the Round Hill Community Land Use Plan
would include the extension of public sewer and water services to existing and new residential
development.
The subject property is within close proximity of the Route 37 Interchange. As described in the
Frederick County Comprehensive Policy Plan, the "Idealized Interchange Development Pattern"
includes retail and service uses within closest proximity of interchanges, followed by buffered
residential uses. The proposed master development plan is consistent with this land use policy
standard. (Comprehensive Policy Plan, page 6-10).
The UDA (Urban Development Area) is the principal land use tool of the Frederick County
Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county
where more intensive forms of development will occur. It does this by dividing the County into
rural and urban areas. The UDA was originally created with the intent that it would be adequate
enough to accommodate long term growth needs in areas of the County where public services are
most available. Substantial areas of land are needed for business uses in the UDA. The subject
property is located entirely within the UDA. (Comprehensive Policy Plan, p. 6-1, 6-2, 6-5).
Historic Resources:
The subject property is located near two properties included in the Frederick County Rural
Landmarks Survey Report, which are identified as the Old Hoover House (ID# 34-467) and
Fruit Hill Farm (ID# 34-1410). Only Fruit Hill Farm is listed as potentially significant in this
report. The subject property is located within the National Parks Service study area for the
Second Winchester battlefield but is wholly outside of identified core battlefield areas.
The Historic Resources Advisory Board (HRAB) considered the rezoning application for this
property at its November 19, 2002 meeting. The HRAB offered no adverse comments
concerning this proposal. Moreover, no recommendations were provided regarding the
treatment of the resources located proximate to the site.
Environment:
There are no environmental features identified on the WMC Property. During the site plan
MDP #06-04, Winchester Medical Center 11
Page 6
May 17, 2004
process a geotechnical analysis and study will be conducted prior to construction for each
individual lot.
Transportation:
The TIA (Traffic Impact Analysis) for the rezoning application of the WMC Property indicates
that the transportation system serving the site prior to development functions at an overall Level
of Service (LOS) "C" or higher. Build -out of the subject property was estimated to occur by the
year 2012. The study and its recommendations assume that ultimate access to the site will be
provided through the combination of two Route 50 entrances, the ultimate intersection of the
proposed major collector road with Route 522 North, and the Valley Health System/Route 37
interchange. The applicant estimates that at the conclusion of Phase 2, the project will generate
19,761 ADT. The TIA of the rezoning application reported that traffic generated by the project
at build -out would result in study area intersections functioning at a LOS "C" or better.
The following transportation improvements are proffered as part of the rezoning application for
the WMC Property:
A) Construction of a 200 foot left turn lane for eastbound traffic on Northwestern Pike
(Route 50 West) at the intersection of Ward Avenue (Route 1317).
B) Construction of an acceleration/deceleration lane with curb & gutter across the entire
Northwestern Pike (Route 50 West) road frontage.
C) Construction of two left turn lanes and one right turn lane at the intersection of Ward
Avenue (Route 1317).
D) Construction of lanes to Route 37 exit ramps to allow dedicated right and left turn lanes.
E) Installation of a traffic signal at the intersection of Ward Avenue (Route 1317).
F) Construction of an additional left turn lane on Northwestern Pike (Route 50) for
eastbound traffic at the Northwestern Pike (Route 50 West) and Route 37 eastern signal.
G) Construction of a major collector road from Northwestern Pike (Route 50 West) to the
end of the portion of the property zoned B2 District.
Planning Staff Note: It is crucial that the proposed major collector road be stubbed at the
property line to allow for an improved transportation network in the area. Ultimately, this
major collector road is planned to connect to Frederick Pike (Route 522 North) in the vicinity
of the business Winchester Equipment.
H) ADT shall not exceed 14,000 trips per day without further approval by the County.
Planning Staff Note: As individual site plans are submitted for the WMC Property, an ADT
traffic tabulation shall be required to assess the overall trips generated.
MDP #06-04, Winchester Medical Center II
Page 7
May 17, 2004
Landscaping, Buffers & Trails:
Pursuant to the proffer statement, a 50 foot wide landscaped green strip shall be provided along
Northwestern Pike (Route 50 West). Included within this landscaped green strip shall be an
eight foot wide trail. Bike trails and sidewalks will also be provided along roads in the
development as recommended by the Department of Parks and Recreation. A 200 foot
separation buffer with screening is being provided to satisfy the perimeter buffer & screening
requirements for the MS District. A 50 foot wide internal separation buffer is also required to
separate the proposed residential uses from the proposed medical support uses. A 4.16 acre
open space parcel is being provided in addition to the required open space, which will be
designated during the site plan process for each individual use.
Proffered Monetary Contributions:
A voluntary contribution of $35,000 was proffered as part of the rezoning application for Fire&
Rescue Services, Police Services, and Administration Services.
STAFF CONCLUSIONS FOR 06/02/04 PLANNING COMMISSION MEETING•
This preliminary master development plan proposes the development of approximately 102 acres for
residential, commercial, and medical support land uses. Extensive transportation improvements are
required for the proposed development and have been proffered. These transportation improvements
are projected to achieve an acceptable level of service ("C") upon build out.
This Preliminary Master Development Plan is consistent with the technical requirements of Article
XVII, Master Development Plan, of the Zoning Ordinance. All issues brought forth by the Planning
Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors.
A summary of concerns and comments from the Planning Commission to the Board of
Supervisors concerning this master development plan application would be appropriate
MDP # 06 - 04 // Winchester Medical Center II
.4
53 A A
Silver Lake, LLC
53 A
Huck
53 i
Yumer
53rA_,_75j
f Johnsoh
53 A 77
All � �
1. /
63 A 63
F --
U --dock
r dww
Map Features
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
r- -� City / Town Bounday
--1
L
MDP#06-04
660 330 0 B6o
F I�
N
Created by Frederick County Department
of Planning 8 Development
This map is for general reference
and is not to be construed as accurate.
s
Locate actual property documents on
file with the Frederick County Clerks Office.
53 A 68(
;Found Hill _I
T
+ dpi
T
MDP # 06 - 04 // Winchester Medical Center 11
Map Features
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
City/ Town Bounday
MDP#06-04
(V,i fflnchester
Medica! Center
Campus
,7
53 A 03,
Lhw.ai
-4
41F 1". 0
—4,
990 330 0 660
Fast
Created by Frederick County Department
of Planning& Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on
file with the Frederick County Clerles Office -
53 A 68
Hill
O
53 A I
Fruit Hill
Orchard
fI
40
j
53 A 69
Fruit Him
ard
Orchard
53 A 69
F0
FruitA
it
Fruit Hill
Orchard
Orchard
53 A A
Siver Lake, LLC
Map Features
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
City/ Town Bounday
MDP#06-04
(V,i fflnchester
Medica! Center
Campus
,7
53 A 03,
Lhw.ai
-4
41F 1". 0
—4,
990 330 0 660
Fast
Created by Frederick County Department
of Planning& Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on
file with the Frederick County Clerles Office -
53 A 68
Hill
O
Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTED DEVELOPMENT PLAN
Department of Planning and Development Use Only
Date application received Application #�
Complete - Date of acceptance
Incomplete - Date of Return
I.
2
3.
Project Title: Winchester Medical Center II
Owner's Name: Winchester Medical Center
P.O. Box 1334
Winchester, VA 22604
(Please list the names of all owners or parties in interest)
Applicant: G.W. Clifford & Associates, Inc.
Address: c/o Chuck Maddox
117 E. Piccadilly St., Winchester, VA 22601
Phone: (540) 667-2139
4. Design Company: G. W. Clifford & Associates
Address: 117 E. Piccadilly Street
Winchester, VA 22601
Phone Number: (540) 667-2139
Contact Name: Chuck Maddox
Frederick County, Virl4inia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: Northwest corner of intersection of VA Route 37
And US Route 50
6. Total Acreage: 101.9215 acres
7. Property Information:
a) Property Identification Number (PIN):
53-A-68
b) Current Zoning:
B2 & MS
c) Present Use:
Vacant
d) Proposed Use:
Retail, Commercial and
Medical Support
e) Adjoining Property Information: See Attached
Property Identification
Property Uses
North
South
East
West
f) Magisterial District: Gainesboro
8. Is this an original or amended Master Development Plan?
Original X Amended
I have read the material included in this package and understand what is required by the Frederick
County Department of Planning and Development. I also understand that the master development
plan shall include all contiguous land under single or common ownership. All required material
will be complete prior to the submission of my master development plan application.
Signature: 6 • 4� v
Date: V N -s kbps-r-
2
bp'
2
Winchester Medical Center
ID #
Name/Address
Zoning
Use
53-A-69
Fruit Hill Orchard, Inc., P.O. Box 2368, Winchester, VA 22604
RA
Residential
53-A-73
Page &Elva Huffinan, 194 Echo Lane, Winchester, VA 22603
RA
Residential
53 -A -A
Fruit Hill Orchard, Inc., P.O. Box 2368, Winchester, VA 22604
RA
Residential
53-A-74
Carolyn Turner, 424 W. Cecil Street, Winchester, VA 22601
RA
Residential
53-A-75
Nancy Renner Johnson, 2054 Northwestern Pike, Winchester, VA 22603
RA
Vacant
53-A-76
Robert Johnson, 2054 Northwestern Pike, Winchester, VA 22603
RA
Residential
53B-3-1
Farmers Livestock Exchange, Inc., P.O. Box 2696, Winchester, VA 22604
RP
Business
53B-3-5
Dennis & Peggy Bucher, 182 Maple Road, Winchester, VA 22603
RA
Residential
53B-3-6
Dennis & Peggy Bucher, 182 Maple Road, Winchester, VA 22603
RA
Residential
53B-3-7
Dennis K. & Peggy S. Bucher, 182 Marple Road, Winchester, VA 22603
RA
Residential
53B-3-8
Dennis K. & Peggy S. Bucher, 182 Marple Road, Winchester, VA 22603
RA
Residential
53-A-83
Farmers Livestock Exchange, Inc., P.O. Box 2696, Winchester, VA 22604
RA
Business
53-A-84
Lynn W. Anderson, 1983 Northwestern Pike, Winchester, VA 22603
RA
Residential
53-A-1
Fruit Hill Orchard, Inc., P.O. Box 2368, Winchester, VA 22604
RA
Agricultural
53-A-2
I Fruit Hill Orchard, Inc., P.O. Box 2368, Winchester, VA 22604
RA
Agricultural
' Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North gent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) Winchester Medical. Center
(Phone) 540-536-8620
(Address) PO" Box 1 334 Winchester, Va 22604
the owner(s) of all those tracts or parcels of land("Property")
Clerk's Office of the Circuit Court of the County of Frederick, Virginionveyea, torne (us), by deed recorded in the
� � Y
Instrument No. 0 0 0 01 2 0 9 8 on Page 0 0 3 4
and is described as
Parcel: 6 8 Lot: A Block: Section: 5 3. Subdivision:
do hereby make, constitute and appoint:
(Name) Charles.E. Maddox
- -(Phone) 540-66.7-2139
(Address)177 E. Piccadilly Street _ Winchester- VA 22601.
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Including proffers) r
❑ Conditional Use Permits
XVX Master Development Plan (Preliminary and Final)
❑ Subdivision
El Site PIan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follbws:
This authorization shall expire one year from the day it is signed, or until itis otherwise rescinded or
modified. .
In witness thereof, I (we) have hereto set my (our) hand and seal this 1 4 day of Januar
Signature(s)
State of Virginia, City/County of , L(L
To -wit:
I, �� L • �.:� a Notary Public in and for the jurisdiction aforesaid, certify that the erson s
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me )
and has acknowledged the same before me in the jurisdiction aforesaid this C V -day of _ 200 .
-a D
�"�- My Commission Expires: o C
Notary Public
{f
S
MASTER DEVELOPMENT PLAN (MDP) #07-04
WWW PROPERTY (Round Hill Crossing)
Staff Report for the Planning Commission
Prepared: May 17, 2004
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application. It
may also be useful to others interested in this zoning matter.
Reviewed
Action
Planning Commission: 06/02/04
Pending
Board of Supervisors: 07/14/04
Pending
LOCATION: This property is located north & adjacent to Northwestern Pike (Route 50 West),
approximately 1,700 feet west of Route 37.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 52 -A -B and 53-A-79
PROPERTY ZONING & PRESENT USE:
Zoned: B2 (Business General)
Use: Vacant
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North Zoned: RA (Rural Areas) Use: Agricultural/Orchard
South Zoned: RA (Rural Areas)
B3 (Industrial Transition)
East Zoned: RA (Rural Areas)
B2 (Business General)
West Zoned: RA (Rural Areas)
PROPOSED USE: Retail and commercial uses
Use: Residential
VDOT facility
Use: Residential
Vacant
Use: Agricultural
MDP #07-04, WWW Property (Round Hill Crossing)
Page 2
May 17, 2004
REVIEW EVALUATIONS:
Department of Transportation: The Preliminary Master Plan for this property appears to have
significant measurable impact on Route 50 and 37, the VDOT facilities which would provide access
to the property. Due to the very small scale, it was difficult to determine details in regards to this
Master Development Plan. In the future, please take this into consideration. Our comments are as
follows:
1. A signalization agreement will be required for the intersection of Periwinkle Drive, Perennial
Drive (private street) and Botanical Boulevard.
2. Please delineate the right-of-way width for Honeysuckle Boulevard and Periwinkle Drive.
3. Where and how will large retail access Honeysuckle Boulevard, Route 50, and Periwinkle
Drive?
4. Are there any interior road networks that will exit for the large retail and other out parcels?
5. What kind of intersection will be at the intersection of Honeysuckle Boulevard and Periwinkle
Drive? Will Honeysuckle Boulevard be extended beyond Periwinkle Drive? Will Periwinkle
Drive be extended past Honeysuckle Boulevard?
6. Will the roads in the business office park portion be public or private?
7. Please be aware, as stated in Proffer # 1 under Street Improvements, the relocation of Route 803
has not been finalized. It will be the responsibility of the developer to provide funding should
VDOT funding not be available. VDOT is currently investigating the necessary steps that
would be required to provide the necessary right-of-way for the relocation.
8. Please provide a specific date in regards to the development of Phase II and the construction of
Periwinkle Drive. We have concerns that all traffic for this development will be utilizing either
Honeysuckle Boulevard or two un -signalized intersections.
9. According to Proffer #5: "The applicant shall limit entrance connections onto U.S. Route 50 to
three points as shown on the general development plan." Please delineate the three entrances.
It appears there is an entrance listed as being opposite the VDOT Area Headquarters entrance,
but appears to be no internal roads accessing that entrance. Is it still the expectation to utilize
this entrance?
10. Will Echo Lane access Periwinkle Drive or Botanical Boulevard?
11. Please be aware of the required transitions for dual left turn lanes and the necessary widening
on the receiving lanes (minimum 15' wide lanes).
Before making any final comments, this office will require a complete set of site plans, drainage
calculations and traffic flow data from the I.T.E. Trip Generation Manual, 7' Edition for review.
VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications,
traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the
State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits
to cover said work.
Frederick County Fire Marshal: Buildings exceeding 30 feet in height shall not be set back more than
50 feet from the edge of fire department access. Water supplies for firefighting shall be extended to
MDP #07-04, WWW Property (Round Hill Crossing)
Page 3
May 17, 2004
the site and be consistent with the requirements of the 2000 International Fire Code. Plan approval
recommended.
Frederick County Public Works: A comprehensive review shall be performed at the time of site plan
submission. Evaluations of stormwater run-off and drainage shall be performed at the time of site plan
submission.
Frederick Counjy Inspections Department: No comment at this time. Approval of individual site
plan required.
Frederick County Sanitation Authority: 2nd review. Correct & resubmit 2 items.
Planning Staff Note: The two items referred to in the Sanitation Authority's review letter are as
follows: 1) show water lines, and 2) show water force main.
Frederick -Winchester Service Authority: No comments.
Frederick County - Winchester Health Department: All proposals for this development are to be
served by approved public water and sewer. Applications for restaurant, hotel permits, and continuing
care and assisted living establishments (if applicable) must be submitted to the local health department
Department of GIS: The GIS Department is not accepting any road names that have the same first
word either by spelling or phonetically the same as a road name already in the system. The road name
suffix of"Road" is reserved for use by state numbered, cross-country through routes and does not apply
to the road names requested for this development. Therefore, the suffixes of the requested road names
need to be changed to another format, such as Drive, Street, Lane, Court, Circle, or Place.
I. The following changes have been made to the reserved names in the Frederick County Road
Naming System: FROM: Periwinkle Drive TO: Petticoat Gap Lane
2. The request to change Honeysuckle Boulevard to Round Hill Crossing Boulevard is denied as
the name conflicts with Round Hill Road.
3. The following new road names have been APPROVED and RESERVED in the Frederick
County Road Naming System: Parishs Spring, Toll House, Walmart Drive, Chambersville:
4. The following new road name requests have been DENIED acceptance into the Frederick
County Road Naming System, due to conflicts with other road names currently in the system:
Little North Mountain
Frederick County Department of Parks & Recreation: Plan appears to meet open space
requirements. The trail provided also appears to meet county recommendations and offers a connector
for future development along Route 50.
Winchester Regional Airport: The referenced Master Plan was reviewed and it appears the proposed
site should not impact operations at the Winchester Regional Airport as the area lies outside of the
MDP #07-04, WWW Property (Round Hill Crossing)
Page 4
May 17, 2004
City of Winchester: No comment.
Planning & Zonings
A) Master Development Plan Requirement
A master development plan is required for most subdivisions and development of property in
Frederick County. Before a master development plan can be approved, it must be reviewed by
the Planning Commission, Board of Supervisors and all relevant review agencies. Approval
may only be granted if the master development plan conforms to all requirements of the
Frederick County Zoning and Subdivision Ordinances. The purpose of the master development
plan is to promote orderly and planned development of property within Frederick County that
suits the characteristics of the land, is harmonious with adjoining property and is in the best
interest of the general public.
B) Location
This property is located in the Round Hill neighborhood, north and adjacent to Northwestern
Pike (Route 50 West), approximately 1,700 feet west of Route 37. The two parcels of land
which comprise the WWW Property consist of approximately 70.9 acres of land. Echo Lane
is located adjacent to the eastern boundary line of the site; and Round Hill Road is south of the
site, across Route 50 West.
D) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning
districts were reclassified to the RA (Rural Areas) District upon adoption of an amendment to
the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re -mapping of the subject parcels and all other parcels zoned A-1
and A-2 District. On July 9, 2003 the two subject parcels were rezoned with proffers from the
RA (Rural Areas) District to the B2 (Business General) District.
E) Intended Use
The proposed master development plan could facilitate the establishment of any permitted use
in the B2 (Business General) Zoning District, as found in the Frederick County Zoning
Ordinance. At this point in time, a site plan application has been received for a Super Wal-Mart
Center in Phase 1 of the development. The proposed Super Wal-Mart Center would be located
on approximately 23 acres of land, in the area shown as "Large Retail" on the master
development plan. Phase 1 consists of the land east of Round Hill Crossing Boulevard (major
collector road). Phase 2 consists of the land west of Round Hill Crossing Boulevard.
MDP #07-04, WWW Property (Round Hill Crossing)
Page 5
May 17, 2004
F) Site Suitabilfty & Project Scope
Land Use Compatibility:
The WWW Property is strategically located in an area with a mixture of land uses, consisting
of orchard, agriculture, residential, government, and commercial. The Winchester Medical
Center property is located to the east. Between the WWW Properly and the WMC Property are
several existing residential properties. The future demand for this area appears to be the
emergence of new retail, office and medical support land uses, accompanied with the phasing -
out of some existing residential uses.
Comprehensive Policy Plan:
The approximately 70 -acre site is a component of the Phase 1 and Phase 2 Round Hill
Community Land Use Plan. Both phases call for the establishment of new commercial and
office uses. The long-term Phase 3 component of the Round Hill Community Land Use Plan
would include the extension of public sewer and water services to existing and new residential
development.
The subject property is within close proximity of the Route 37 Interchange. As described in the
Frederick County Comprehensive Policy Plan, the "Idealized Interchange Development Pattern"
includes retail and service uses within closest proximity of interchanges, followed by buffered
residential uses. The proposed master development plan is consistent with this land use policy
standard. (Comprehensive Policy Plan, page 6-10).
The UDA (Urban Development Area) is the principal land use tool of the Frederick County
Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county
where more intensive forms of development will occur. It does this by dividing the County into
rural and urban areas. The UDA was originally created with the intent that it would be adequate
enough to accommodate long term growth needs in areas of the County where public services are
most available. Substantial areas of land are needed for business uses in the UDA. The subject
property is located entirely within the UDA. (Comprehensive Policy Plan, p. 6-1, 6-2, 6-5).
Historic Resources:
The historic structure Folk Victorian Farmhouse (ID#34-469) is located on the WWW Property.
This structure is not listed as potentially significant in the Frederick County Rural Landmarks
Survey Report. During the review of the rezoning application for the property the HRAB
recommended that a detailed history and documentation of the existing historical structure be
characterized by historical report prior to removal.
Environment:
There are no environmental features identified on the WWW Property. During the site plan
process a geotechnical analysis and study will be conducted prior to construction for each
individual lot.
MDP #07-04, WWW Property (Round Hill Crossing)
Page 6
May 17, 2004
application for the WWW Property, Northwestern Pike (Route 50 West) is an arterial road with
a 2002 ADT (Average Daily Traffic) count of 24,570 vehicles. The TIA projected that the
number of daily trips produced for the WWW Property would be 24,252, effectively doubling
existing traffic. To maintain a level of service C, or better, the TIA assumed that a number of
transportation improvements would be made. The following transportation improvements have
been proffered as part of the development of the WWW Property:
1) Construction of a new maj or collector road (Round Hill Crossing Boulevard) which will
connect with the new major collector road proffered by the WMC site to the east.
2) Relocation of the Round Hill Road (Route 803) intersection to line-up with the new
major collector road.
3) Construction of a new travel lane on the north side of Northwestern Pike (Route 50
West).
4) A maximum of three entrances off of Northwestern Pike (Route 50). Of these
entrances, only the intersection for the new major collector road shall be at a new
crossover point.
5) Numerous improvements to the Route 37 interchange including new travel lanes and
transitions.
6) ADT shall not exceed 15,000 trips per day without further approval by the County.
Planning Staff Note: As individual site plans are submitted for the WWW Property, an ADT
traffic tabulation shall be required to assess the overall trips generated.
Landscaping, Buffers & Trails:
Pursuant to the proffer statement, a 50 foot wide landscaped green strip shall be provided along
Northwestern Pike (Route 50 West). Included within this landscaped green strip shall be an
eight foot wide trail. Bike trails and sidewalks will also be provided along roads in the
development as recommended by the Department of Parks and Recreation. Also proffered is
a ten foot wide landscaped buffer along the northern property line to serve as a screen. Along
the eastern property line a Category B zoning buffer is required by the Zoning Ordinance. This
would screen the future land uses from the existing residential land uses.
Proffered Monetary Contributions:
A voluntary contribution of $35,000 was proffered as part of the rezoning application for Fire&
Rescue Services, Police Services, and Administration Services.
G) Potential Issues
1) LOT ACCESS WAIVER. Pursuant to Section 144-24 C, of the Frederick County
Subdivision Ordinance, all lots shall have direct access to a public street or right-of-way
MDP #07-04, WWW Property (Round Hill Crossing)
Page 7
May 17, 2004
dedicated for maintenance by the Virginia Department of Transportation. The applicant
for the WWW Property MDP is requesting a waiver to this requirement. Since this
ordinance is part of the Frederick County Subdivision Ordinance, the Board of
Supervisors could grant such a waiver. This waiver would allow individual commercial
lots to be subdivided with access to the proposed private internal circulation road,
referred to as Little North Mountain Road on the preliminary MDP.
Planning Staff Note: The Zoning Ordinance does not specify front setbacks for
commercial properties which adjoin private roads. Therefore, staff would
recommend that the standard 35 foot front setback be established if this waiver is
granted.
Planning Staff Note: If Petticoat Gap Lane is not constructed until Phase 2, a waiver
by the Planning Commission to allow individual lots to be over 500feet, but less than
800feet, from a public road may also be necessary. Staff would encourage that the
phasing issue of Petticoat Gap Lane be addressed prior to consideration of any
waivers.
2) PHASING OF MAJOR COLLECTOR ROAD. The proffer statement indicates that
the timing and phasing of Petticoat Gap Lane will be established during the MDP
process. Upon consideration of the amount of traffic expected during Phase 1 of the
development ("large retail"), staff believes that it is crucial to establish connection with
the WMC site during Phase 1. This is in conflict with the applicant's proposal to
construct Petticoat Gap Lane during Phase 2 of the development. Not constructing the
road until Phase 2 fails to provide connection until after the majority of traffic impacts
are realized. Connection with the WMC during Phase 1 will reduce the impact of traffic
on Northwestern Pike (Route 50 W) by allowing vehicles to travel between commercial
developments rather than having to get back onto the arterial road. It may be
appropriate to construct two lanes of Petticoat Gap Lane during phase 1 and leave the
remaining lanes until phase 2.
STAFF CONCLUSIONS FOR 06/02/04 PLANNING COMMISSION MEETING:
Upon resolution of the two issues listed above, as well as all issues brought forth by the Planning
Commission, this Master Development Plan is consistent with the requirements ofArticle XVII, Master
Development Plan, of the Zoning Ordinance.
A summary of concerns and comments from the Planning Commission to the Board of
Supervisors concerning this master development plan application would be appropriate. It may_
also be appMpriatefor the Planning Commission to comment regarding the applicant's request
for a lot access waiver, which would allow individual commercial lots to have "access" to a
private road, rather than a public road. However, this waiver ultimately requires action from the
Board of Supervisor.
MDP # 07 - 04 // WWW Property
-
--- - WW
5UA
77
SC A 71A
?a
97.
-..�
QmmonreaI&of VA
♦
Map Features
Roads
Primary Roads
Secondary Roads
TerciaryRoads
Parcel Lines
I
MDP#07-04
200100 0 200 400 600
r
Feet
Created by Frederick County Department
of Planning & Development
This map is for general reference
and is notto be construed as accurate.
Locate actual property documents on s
file with the Frederick County Clerks Office.
5A -B
53-A-79
r: Q HIN,
VIL
4�
I
,A
r
Srr'.•nr L.§Mr, LGL � �+.t a °�, t• �.` ,
' {r vtr
r �
1lVLYW SO; ii': J,4 , Le
Ile
�ir7.=,y�F r r Ii ti `k 'fir
;
eyk
�� � �' ���'�''� ' •fir` � ,J,' e, �
et t ice= w'. 53 A FRIC
� • .
wit
f4 71A
zt
44
105,
ell
r f f
s
r
ST A A
Fruit HN Orchards
Map Features
Roads
Primary Roads
Secondary Roads
Terciary Roads
Parcel Lines
i
MDP#07-04
200100 0 200 400 600
Feet
Created by Frederick County Department N
of Planning & Development
This map is for general reference
and is not to be construed as accurate.
Locate actual property documents on s
file with the Frederick County Clerks Office.
37
'_.
5jA-B
`
53-A-79
- }
W ...
d Hill
�f •, X50 /I
f
Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
Project Title: WWW Property
2. Owner's Name: Silver Lake, LLC & Winchester Warehousing Corp.
13 S. Loudoun Street
Winchester, VA 22601
James R. Wilkins, III & C. Robert Solenberger
(Please list the names of all owners or parties in interest)
3. Applicant: G.W. Clifford & Associates, Inc.
Address: c/o Chuck Maddox
117 E. Piccadilly St., Winchester, VA 22601
Phone: (540) 667-2139
4. Design Company: G. W. Clifford & Associates, Inc.
Address: 117 E. Piccadilly Street
Winchester, VA 22601
Phone Number: (540) 667-2139
Contact Name: Chuck Maddox
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: North and adjacent to Route 50, approximately
1700 feet west of Route 37.
6. Total Acreage: 70.9065
7. Property Information:
a)
Property Identification Number (PIN):
52 -A -B & 53-A-79
b)
Current Zoning:
B2
c)
Present Use:
Vacant & Orchards
d)
Proposed Use:
Retail & Commercial
e)
Adjoining Property Information: See Attached
Property Identification
Property Uses
North
South
East
West
f) Magisterial District: Gainesboro
8. Is this an original or amended Master Development Plan?
Original X Amended
I have read the material included in this package and understand what is required by the Frederick
County Department of Planning and Development. I .also understand that the master development
plan shall include all contiguous land under single or common ownership. All required material
will be complete prior to the submission of my master development plan application.
Signature: i,�✓/�-
Date:
Silver Lake, LLC Winchester Warehousing -Ger -p- i Wiz.
WWW
ID #
Name/Address
Use
Zor
53-A-68
Winchester Medical Center, P.O. Box 1334, Winchester, VA 22604
Medical
B-2
53-A-69
Fruit Hill Orchard, P.O. Box 2368, Winchester, VA 22604
Agricultural
RA
53 -A -A
Fruit Hill Orchard, P.O. Box 2368, Winchester, VA 22604
Agricultural
RA
53-A-70
C.R. & Bessie Solenberger, P.O. Box 2368, Winchester, VA 22604
Agricultural
RA
53-A-73
Page & Elva Huffman, 194 Echo Lane, Winchester, VA 22603
Residential
RA
53-A-74
Bernard & Carolyn Turner, 424 W. Cecil Street, Winchester, VA 22601
Residential
RA
53-A-75
Nancy Renner Johnson, 2054 Northwestern Pike, Winchester, VA 22603
Vacant
RA
53-A-77
Nancy Renner Johnson, 2054 Northwestern Pike, Winchester, VA 22603
_
Residential
RA
52 -A -C
Silver Lake Properties, LLC, 13 S. Loudoun Street, Winchester, VA 22601
_
Residential
RA
52 -A -71B
Gregory & Stacie Bishop, 108 Stonewall Drive, Winchester, VA 22602
Vacant
RA
52-A-71 A
Commonwealth of Virginia
Vacant
B-2
52-A-252
Winfred & Mary Ashwood, 2255 Northwestern Pike, Winchester, VA 22603
Residential
RA
52-A-253
Joyce Casey, et als, 775 Fox Drive, Winchester, VA 22603
Residential
RA
53B-1-1
Barbara A. Haun, 2117 Northwestern Pike, Winchester, VA 22603
_
Vacant
RA
53B-1-2
Barbara A. Haun, 2117 Northwestern Pike, Winchester, VA 22603
Residential
RA
53B-1-3
Preston & Anna Whitacre, 2131 Northwestern Pike, Winchester, VA 22603
Vacant
RA
53B-1-4
Preston & Anna Whitacre, 2131 Northwestern Pike, Winchester, VA 22603
Residential
RA
53B-1-5
Glen & Mary Ann Sauder, P.O. Box 4071, Winchester, VA 22604
Vacant
RA
53B-1-6
Glen .& Mary Ann Sauder, P.O. Box 4071, Winchester, VA 22604
Residential
RA
53B-1-7
Robert & Lilly Fletcher, 2153 Northwestern Pike, Winchester, VA 22603
Residential
RA
53B-1-8
Mary F. Grim, 2161 Northwestern Pike, Winchester, VA 22603
_
Residential
RA
53B-1-9
Brenda & Aaron Mitchell, 200 Duck Run Lane, Star Tannery, VA 22654
Vacant
RA
53B -1-9A
Brenda & Aaron Mitchell, 200 Duck Run Lane, Star Tannery, VA 22654
Vacant
RA
53B-1-10
Brenda & Aaron Mitchell, 200 Duck Run Lane, Star Tannery, VA 22654
Residential
RA
53B-1-11
Brenda & Aaron Mitchell, 200 Duck Run Lane, Star Tannery, VA 22654
Vacant
RA
53B-1-12
Brenda & Aaron Mitchell, 200 Duck Run Lane, Star Tannery, VA 22654
Residential
RA
53B-1-13
Gloria Kirk, 100 Stonewall Drive, Winchester, VA 22602
_
Residential
RA
53B-1-14
Stephen & Joyce Ann Mauck, 137 Round Hill Road, Winchester, VA 22602
Residential
RA
53B-1-15
Stephen & Joyce Ann Mauck, 137 Round Hill Road, Winchester, VA 22602
Vacant
RA
53B-1-16
Walter M. Hamilton, 236 Broad Avenue, Winchester, VA 22602
Vacant
RA
53B-1-17
Walter M. Hamilton, 236 Broad Avenue, Winchester, VA 22602
Vacant
RA
53B-1-18
Walter M. Hamilton, 236 Broad Avenue, Winchester, VA 22602
Vacant
RA
53-A-81
Darla Poe Funkhouser & Sharon Poe, 2840 Back Mountain Road, Winchester, VA 22602
Vacant
RA
53-A-82
Darla Poe Funkhouser & Sharon Poe, 2840 Back Mountain Road, Winchester, VA 22602
Vacant
RA
gilbert w. clifford and associates, inc
Page 2
53 -A -C I Silver Lake LLC c/o James Wilkins III, 113 S. Loudoun Street, Winchester, VA 22601 Agricultural RA
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name )Ro rt Se er
(Phone) 540-662-7215
(Address) 13 .S. Loudoun Street WInchester, VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030016328 on Page 0497 , and is described as
B A 52
Parcel: 7- Lot: Block: A Section: 5 3 Subdivision:
do hereby make, constitute and appoint:
(Name) Charles E. Maddox (Phone)540-667-2139
(Address) Piccadilly Street, -Winchester, VA 22601
To act as my true and lawful attorney-in-fact forand in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Including proffers)
❑ Conditional Use Permits
151X Master Development Plan (Preliminary and Final)
D Subdivision
❑ Site Plan
My attorney-in-fact shall have the authority to -offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this 14 day of January , 200 4 ,
Signature(s)
State of Virginia, City/County 4.
ofr To -wit:
I, -_ l,C c� —, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this /; qday of -000 .
My Commission Expires:6��,
Notary Public 12m_�Ixl
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Planner I` -
DATE: May 17, 2004
RE: Discussion- Pipestem Lots Ordinance Amendment
Last year the DRRS (Development Review and Regulations Subcommittee) evaluated a request from
Greenway Engineering to allow pipestem lots' as an alternative lot design in Frederick County.
Members of the DRRS did not support allowing an unlimited number of pipestem lots per
development. The DRRS also believed that pipestem lots with shared driveways would create
problems between property owners. After extensive review, the DRRS recommended the attached
pipestem lot ordinance during their meeting in August. The ordinance incorporates several design
standards for pipestem lots. The key design standards include limiting the total number of pipestem
lots in a development to no more than 5% of all lots, and restricting all pipestem lots except those
with single -lot driveways. A hypothetical illustration of the proposed type of pipestem is attached
for informational purposes.
During the October 15, 2003 Planning Commission meeting, the majority of Planning
Commissioners supported this amendment. Commission members said that they were not opposed
to giving the design community some flexibility, because it can be an avenue for creative and
constructive design work. However, they did not want to see pipestem lots become standard
procedure. On November 12, 2003 the Board of Supervisors directed staff to schedule the proposed
amendment for a future public hearing.
A public hearing was held at the February 4, 2004 Planning Commission Meeting for consideration
of the proposed ordinance amendment. The Planning Commission unanimously approved this
proposed amendment, to be forwarded to the Board of Supervisors for a public hearing at the February
25, 2004, Board of Supervisors Meeting.
' Pipestem lots are desired by the development community because they allow greater design flexibility
during subdivision design. The term pipestem lot, often referred to as a flag lot, is a residential lot with a
disproportionately narrow strip of land used for access.
107 North Kent Street * Winchester, Virginia 22601-5000
Discussion - Pipestem Lots Ordinance Amendment
May 17, 2004
Page 2
At its February 25, 2004 meeting, the Board of Supervisors voted six (6) to one (1) to defeat this
proposed amendment as presented. The Supervisors also voted six (6) to one (1) to refer the proposed
amendment to the Planning Commission for study. This is presented to the Planning Commission as
a discussion item to enable the Planning Commission to raise questions and seek clarification.
Comments raised during this discussion will be forwarded to the Board of Supervisors. This proposed
ordinance amendment is in bold print on this page.
PROPOSED ORDINANCE:
§ 165-65. Dimensional requirements.
P. Pipestem Lots. The use of Pipestem lots is permitted for single-family detached traditional,
single-family detached urban and single-family detached cluster lot types, if all of the
following design requirements are met:
(1) The total number of pipestem lots in a residential development may not exceed five
percent (5%) of the total number of lots.
(2) Pipestem lots shall have a minimum road frontage of twenty (20) feet.
(3) Pipestem lot driveways shall access only one (1) lot.
(4) Minimum yards shall be as follows:
(a) Front, side and rear yards: twenty (20) feet.
(b) Accessory buildings: twenty (20) feet
(c) Side yard of lots adjoining pipestem driveway yard: fifteen (15) feet
(5) Pipestem lot driveways shall not adjoin other pipestem driveways.
(6) Unless specified differently above, pipestem lots shall comply with all other
regulations of the Frederick County Zoning and Subdivision Ordinances.
Discussion - Pipestem Lots Ordinance Amendment
May 17, 2004
Page 3
165-156. Definitions and word usage.
Lot, Pipestem - A residential lot fronting on a public or a private street in which access is provided
by a narrow strip of land, referred to as the pipestem driveway yard, which is less than the minimum
required front yard width, and located between adjoining residential lots fronting on the same street.
80'
sKl
.-,
u
•
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Planner I ,a-��-c
COUNTY of FREDERICK
Department of Planning and Development
RE: Discussion: SIC Uses in the B-2 (Business, General District)
DATE: May 17, 2004
540/665-5651
FAX: 540/665-6395
The Development Review and Regulations Subcommittee (DRRS) at its April 29, 2004, meeting
recommended to exclude the listed SIC uses from the B-2 (Business, General District) Zoning
District. The DRRS felt that these SIC uses may not be appropriate, or meet the intent of the B-2
Zoning District. The intent of the B-2 Zoning District is in bold print on the following pages. The
DRRS recommended that these uses be added to the appropriate zoning districts.
Staff supports the DRRS recommendation of excluding these SIC Groups and Sub -Groups from the
B-2 Zoning District. These uses do not meet the intent of the B-2 Zoning District and may not be
appropriate. The intent of the B-2 Zoning District is in bold print below. Staff supports adding
theses uses to appropriate zoning districts. This proposed ordinance amendment is presented as a
discussion item to enable the Planning Commission to raise issues and seek clarification. Comments
raised during this discussion will be forwarded to the Board of Supervisors for their consideration.
Staff will be available to respond to your questions.
The intent of B-2 (Business, General District) Zoning District: Business areas are located on
arterial highways at major intersections and at interchange areas. Businesses allowed involve
frequent and direct access by the general public but not to heavy truck traffic on a constant
basis other than that required for delivery of retail goods. General Business areas should have
direct access to major thoroughfares and should be properly separated from residential areas.
Adequate frontage and depth should be provided, and access should be properly controlled
to promote safety and orderly development. Nuisance factors are to be avoided.
MRC/bad
107 North Kent Street • Winchester, Virginia 22601-5060
Recommended Exclusions From permitted Use List Of
B-2 Zoning District and Suggested Zoning Districts
Exclude The Following SIC Groups:
SIC 0741 Veterinary Services Livestock RA with CUP
SIC 49 Electric, Gas, and Sanitary Services M -1/M-2
SIC 5199 Advertising Specialties -Wholesale B -3/M-1
Exclude Commercial Sport and Recreation Clubs
Adult Care Residences and Assisted Living Care Facilities RP
Flex -Tech B -3/M -1/M-2
Exclude The Following Sub -Groups:
SIC 48 Communications
4899 Communications Services, Not Elsewhere Classified M-2
SIC 54 Food Stores
5431 Fruit and Vegetable Stands RA with CUP
SIC 72
Personal Services
7213
Linen Supply B -3/M-1
7216
Dry Cleaning Plants B -3/M-1
7299
Escort Services
Turkish Baths
Steam Baths
SIC 73 Business Services
7312 Outdoor Ad Services B -3/M-1
7389 Automobile Recovery Service B -3/M-1
Automobile Repossession Service B -3/M-1
Exhibits Building of by Industrial Contractors M-1
7389 Filling of Pressure Containers (Aerosol) M-1
Gas Systems Contract Conversion from Manufactured to Natural Gas M -1/M-2
Produce Weighting Service M-1
Product Sterilization Service MSB -3
Repossession Service B-3
Salvaging of Damaged Merchandise not Engaged in Sales M-1
Scrap Steel Cutting for a Fee Bases M-1
SIC 76 Miscellaneous Repair Services
7692 Welding Repair M-1
7699 Agricultural Equipment Repair B -3/M-1
Blacksmith Shops RA with CUP
Boiler Cleaning and Repair M-1
Cesspool Cleaning M-1
Coppersmithing M-1
Dental and Medical Instrument Repair MSB -3
Engine Repair M-1
Farm Machinery and Tractor Repair B -3/M-1
Farriers RA with CUP
Horseshoing RA with CUP
Industrial Truck Repair M-1
Laboratory Instrument Repair MSB -3
Machinery Cleaning M-1
Measuring and Controlling Instrument Repair; Mechanical M-1
Meteorological Instrument Repair M-1
Precision Instrument Repair B -3/M-1
Repair of Optical Instruments B -3/M-1
Repair of Service Station Equipment B -3/M-1
Scale Repair Service B -3/M-1
Septic Tank Cleaning Service M-1
Sewer Cleaning Service M-1
Surgical Instrument Repair MSB -3
Tank and Boiler Cleaning Service M-1
Tank Truck Cleaning Service M-1
Taxidermists RA with CUP
Tinsmithing M-1
SIC Engineering, Accounting, Research, Management, and Related Services
8734 Testing Laboratories B -3/M-1
8744 Facilities Support Management Services
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Planner I Axc_
RE: Discussion: Changing Section 144-17 L of the Frederick County Subdivision
Ordinance
DATE: May 17, 2004
The Development Review and Regulations Subcommittee (DRRS) at its April 29, 2004, meeting
recommended a change to Section 144-17 L. Staff has identified a potential discrepancy in the
language regarding residential curb and gutter requirements. The suggested text amendment would
clarify that residential developments with lot sizes less than fifteen thousand (15,000) square feet
would require curb and gutter. This is not a new requirement, but merely a clarification point. The
changes are located on the following page.
This proposed ordinance amendment is presented as a discussion item to enable the Planning
Commission to raise issues and seek clarification. Comments raised during this discussion will be
forwarded to the Board of Supervisors for their consideration. Staff will be available to respond to
your questions.
MRC/bad
107 North Kent Street . Winchester, Virginia 22601-5000
Existing
L Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any,
subdivision containing either lots of twelve thousand (12,000) square feet or less or lot widths of
eighty (80) feet or less at the street. Construction shall meet the requirements of the Virginia
Department of Transportation. The subdivider shall determine the curb cuts necessary for entrance
locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The
Planning Commission may allow for alternatives to curbs and gutters where it is determined that
improved stormwater management, such as reduced concentration of peak flow for a drainage shed,
would be achieved without it.
Proposed
L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any
subdivision containing either lots less thanfifteen thousand (15,000) square feet or lot widths of
eighty (80) feet or less at the street. Construction shall meet the requirements of the Virginia
Department of Transportation. The subdivider shall determine the curb cuts necessary for entrance
locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The
Planning Commission may allow for alternatives to curbs and gutters where it is determined that
improved stormwater management, such as reduced concentration of peak flow for a drainage shed,
would be achieved without it.
§ 165-65 FREDERICK COUNTY CODE § 165-65 C�
(c) Rear yard: 25 feet. �.
(3) Minimum lot width at setback shall be 80 feet.
(4) Minimum off-street parking shall be two spaces per unit.
(5) Maximum building height shall be as follows:
(a) Principle building: 35 feet.
(b) Accessory buildings: 20 feet.
C. Single-family detached urban. A "single-family detached urban
residence" shall be a single-family residence on an individual lot with
private yards on all four sides.
(1) Minimum lot area shall be 12,000 square feet.
(2) Minimum yards shall be as follows:
(a) Setback from the road right-of-way: 35 feet.
(b) Side yards: 10 feet.
(c) Rear yard: 25 feet.
(3) Minimum lot width at setback shall be 70 feet.
(4) Minimum lot width at road right-of-way shall be 40 feet.
(5) Minimum off-street parking shall be two spaces per unit.
(6) Maximum building height shall be as follows:
(a) Principle building: 35 feet.
(b) Accessory buildings: 20 feet.
D. Single-family detached cluster. A "single-family detached cluster
residence" shall be a single-family residence on an individual lot, with
private yards on all four sides .and some common open space within
the development.
(1) In a proposed cluster development, there shall be a minimum
total area per dwelling unit of 10,000 square feet, not including
land in required common open space and road rights-of-way. No
individual lot shall be smaller than 8,000 square feet. For each lot
that is less than 10,000 square feet by a given square footage, an
equivalent square footage of land shall be added to the required
common open space.
16586 12-15-99
§ 165-65 FREDERICK COUNTY CODE § 165-65
Cr
(c) Rear yard: 25 feet.
(3) Minimum lot width at setback shall be 80 feet.
(4) Minimum off-street parking shall be two spaces per unit.
(5) Maximum building height shall be as follows:
(a) Principle building: 35 feet.
(b) Accessory buildings: 20 feet.
C. Single-family detached urban A "single-family detached urban
residence" shall be a single-family residence on an individual lot with
private yards on all four sides.
(1) Minimum lot area shall be 12,000 square feet.
(2) Minimum yards shall be as follows:
(a) Setback from the road right-of-way: 35 feet.
(b) Side yards: 10 feet.
(c) Rear yard: 25 feet.
(3) Minimum lot width at setback shall be 70 feet.
(4) Minimum lot width at road right-of-way shall be 40 feet.
(5) Minimum off-street parking shall be two spaces per unit.
(6) Maximum building height shall be as follows:
(a) Principle building: 35 feet.
(b) Accessory buildings: 20 feet.
D. Single-family detached cluster. A "single-family detached cluster
residence" shall be a single-family residence on an individual lot, with
private yards on all four. sides .and .some common open space within
the development.
(1) In a proposed cluster development, there shall be a minimum
total area per dwelling unit of 10,000 square feet, not including
land in required common open space and road rights-of-way. No
individual lot shall be smaller than 8,000 square feet. For each lot
that is less than 10,000 square feet by a given square footage, an
equivalent square footage of land shall be added to the required
common open space.
16586